[Also appearing in Vive le Canada.]
The RCMP Raids on B.C. Legislature Offices (Dec. 28, 2003).
A Tide of Corruption.  Second Part.By Robin MathewsNothing can excuse B.C. Attorney General Wally Oppal.  His comments  about evidence in the Legislature Raids process (presently before the  courts) are, quite simply, outrageous.  Chatting "casually" (?) to  reporters at the beginning of November, Oppal called into question  wire-tapping procedures used before the raids.  They were, as he spoke,  being argued before a judge in Chambers.
The tide of corruption upon which the David Basi, Bob Virk, and Aneal  Basi legal procedure floats is highlighted by Oppal's unacceptable  intervention.  In a legal hotchpotch such as this one, in which cabinet  employees are under charge - one from the office of a former Attorney  General - prudence should dictate silence on the part of Wally Oppal.   The position he holds is always  a highly sensitive one whatever the  situation, for "the highest law officer of the Crown" is also an  elected politician sitting in cabinet meetings in which many  participants  - in this government especially - may be working to  defeat the ideals of justice.
We mustn't forget that the Attorney General of the day, in 2003, Gary  Collins, employed one of the men charged following the legislature  raids.  Nor should we forget that Collins - apparently approaching the  height of his political career - chose to drop out of politics shortly  afterwards. We do not seem to be fortunate in the Attorneys General we  get with Gordon Campbell as premier.
It may be fair to say that no one in the present government is happy to  see the trial going ahead.  For even if elected officials escape  untouched, public opinion will wonder at the miracle. It may be fair to  say, too, that the men charged are not likely to be happy to see the  trial going ahead, for obvious reasons.  In this trial, the government  of the day and the members of cabinet connected to legal functions  cannot be objective or eager to see justice done.
That makes Wally Oppal's comments doubly offensive. And they point  toward the argument that may destroy the case.  Is Oppal preparing the  ground innocently?
Why, then, is the trial being conducted?  Because the Crown and the  people want the process of legal action to work for the sake of  democracy, justice, and the rule of law in British Columbia.  But who,  we have to ask, is the Crown in British Columbia?
Oppal, himself, "chief law officer of the Crown", breached the demands  of dignity and prudence when he stepped from the Supreme Court into a  Liberal Party candidacy.  By doing so, he made a mockery of the  absolute need for a clear separation to exist - and be seen to exist -  between the politicians and the courts.  He is a politician who was  very recently a colleague of present Supreme Court judges, allowing no  time to lapse between his resignation from the court and his assumption  of a political role as a Liberal candidate, and now as Attorney  General.  Does he telephone his recent Supreme Court colleague, Madam  Justice Elizabeth Bennett, who is conducting the court processes  involving the men charged?  Who knows?
Is there, moreover, a Gordon Campbell government agenda to undermine  the courts and to cripple - for political reasons - the legal system in  the Province?  And, if so, is Wally Oppal assisting with that agenda?
Oppal recently attacked the Supreme Court judges about their working  hours in words that Chief Justice Donald Brenner said "constitute a  deliberate attempt to demean the judges of this court".  (Ian Mulgrew,  Vanc Sun Nov 1 06). The Campbell government, moreover, is accused -  since May of 2002 - of closing courtrooms, consolidating or downgrading  others, and laying off court workers and deputy sheriffs around the  Province when municipalities are growing in size with the effect that  larger and more reasonably accessible courts are, obviously, required.   (BCGEU letter, Nanaimo Daily News Oct 13 06).  Oppal has to be a  supporting part of that agenda as a member of cabinet.
He is also named as one of the parties wanting the water power rights  of British Columbians in the Nechako River stripped from them and  granted to the foreign Private Corporation, Alcan.  Clearly, against  the interests of British Columbians, Oppal is working for the sleazy  political ends of the government he serves (and of which he is a part).
British Columbians may well ask if they have a dangerous, partisan  clown as their present Attorney General. As NDP MLA and lawyer Leonard  Krog has said: "High profile prosecutions have failed in the past  because politicians felt compelled to make comments in public that were  later deemed prejudicial".  (Media release, Nov 2)
The Crown in British Columbia does not have a distinguished presence,  to say the least.  Madam Justice Elizabeth Bennett, sitting on the  Legislature Raids trial and hearings, was the judge in the long, long  Glen Clark case.  I have called for a full Royal Commission-level  investigation into what I call the fraudulent investigation and trial  of Glen Clark.
During the trial his counsel asked that the trial be named, in effect,  vexatious, without merit, and ended.  Justice Bennett refused,  permitted an endless trial, and then declared that, in effect, the 29  volumes of evidentiary material, gathered over months and months by a  dubious RCMP investigation, did not contain reason to believe Glen  Clark was guilty of anything.
But - to the glee of the Gordon Campbell forces (the complaint against  Glen Clark began in Gordon Campbell's constituency office) - Glen Clark  was ruined and the NDP was savaged.
Madam Justice Elizabeth Bennett did not apologize to Glen Clark and to  British Columbians for that.  She said Glen Clark was innocent but was  imprudent, and she slapped his wrist for his private associations when  she should have apologized to him and suggested he seek remedy for the  huge damage done to him and to the democratic life of British Columbia.  It is almost as if she were working for the Gordon Campbell forces.
The judge who has kept much of the Legislature Raids material locked  away from British Columbians is Associate Chief Justice Patrick Dohm.   He issued search warrants in the Glen Clark case from a holiday spot  somewhere in a foreign country.  When a BCTV crew - in full readiness -  arrived with the RCMP officers who had come to exercise a search  warrant on Glen Clark's house, Mr. Dohm seemed unperturbed.  He  permitted the film of that event to be played over and over and over,  depicting Glen Clark as if he were a fugitive from justice caught by  the cameras.
Perhaps Patrick Dohm could not discipline BCTV for, somehow, finding  out about and getting to that RCMP search.  But he could have sealed  the film footage.  And he didn't.  It is almost as if he were working  for the Gordon Campbell forces.
Persistently, bullishly, and without any attempt to explain carefully  and educationally to British Columbians his invasion of their right to  know in the present case, Patrick Dohm locked up information "for the  protection of the accused".  I, for one, don't believe that explanation.
In the hearing, just over, the Application for Disclosure filed in  Criminal Registry by the Defence counsel for Dave Basi, Bob Virk, and  Aneal Basi, was denied to the public by Mr. Justice Patrick Dohm for,  apparently, the protection of the accused.  ALL such documents are  denied to the public by Justice Dohm.  In this case the Application for  Disclosure records a fight among lawyers about evidence.  That is all.
I went to Criminal Registry with a friend, early in the hearings, to  obtain a copy of the Application.  We were so rudely dismissed by a man  who identified himself as Ian we asked to see the Directive refusing  public access. It is, of course, a Directive from Mr. Justice Patrick  Dohm and it directs blanket denial of public access to all such  documents "to protect the accused" we were told.
I believe, rather, it is a gag order to protect the powerful against  legitimate concerns of British Columbians.  I say that because,  otherwise, the Directive would be much more sensitive, providing a  speedy screening mechanism to separate out only those rare and few  instances in which information might be kept from the public (for the  sake of persons' safety, etc.).
The next day my friend and I went back to Criminal Registry to inform  the clerk, this time named Alpha, that Defence counsel had okayed  release and was going to ask that I be shown the Application for  Disclosure and some other documents.  Alpha told us Criminal Registry  does not answer to counsel but to Mr. Justice Patrick Dohm and would  probably not do as counsel was going to request.  Anyway, it would need  clearance, she said. I gave my name, which she attached to her note on  the matter.
To exaggerate the Patrick Dohm absurdity of Criminal Registry, a man  materializes silently when people appear at Criminal registry who are  as darkly suspicious and obviously lawless as my friend and me. The man  sidles up to the counter, and he eavesdrops.  For all I know he may  then send a secret report - kept, of course, from the public - to Mr.  Justice Patrick Dohm so the Associate Chief Justice of the Supreme  Court of B.C. may use it.  In the pursuit of justice, of course.
The next morning when I telephoned Criminal Registry, Ruth, who  identified herself as in charge of the section, claimed to have seen no  documents left for me (and they would have come to her, she said).  She  claimed to know nothing whatever.  Alpha had told her nothing.  Ruth  had obviously not seen the note Alpha wrote.  A total blank.  So much  for service to the people of British Columbia.
In my last column I called the event "Kafka'esque", "irrational".  It  is worse than that.  For Mr. Justice Patrick Dohm scatters what I see  as his capricious power without reason or logic.  A member of the  public or press may not get  documents from the point of public access,  the Criminal Registry of the Supreme Court.  He or she is told that  only active counsel may give  documents.  That means if counsel wishes  to deny the public access to key information, it may.  It means the  public must leave the point of public access, search for counsel  involved, and depend upon counsel's good will.  It means counsel, which  has definite interest in cases and their status, can provide documents  - or deny them - to whomsoever it pleases.  There is no objective agent  which can provide, without bias or questions, materials that every  Canadian has the right to receive.
It means, in short, that Mr. Justice Patrick Dohm presides over a  system which is irrational, capricious, discriminatory, elitist, and  unjust.  It is almost as if he is working against the pursuit of  justice in British Columbia and against the goals of a democratic  society.
The "Crown" in the actions which have brought the Legislature Raids  trial this far is a very weak reed. The question that must be before  British Columbians is whether that weak reed is strong enough to stage  the trial to completion and to see that justice is truly done.
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