Wednesday, October 28, 2015

Judge by actions, not by words

2011 Year End Report, Premier Christy Clark
We are working to make British Columbia the most open provincial government in Canada and I am committed to being the most connected premier in history.

Open Government is about giving people a sense of confidence that government is working for them, not trying to do something to them.

Government claims it has no records related to health firings, Vancouver Sun, October 27, 2015
VICTORIA — The B.C. government claims to have virtually no records from senior officials who oversaw the botched firings of health researchers, in response to multiple freedom of information requests by the B.C. NDP and The Vancouver Sun.

The government said it was unable find a single email, memo, briefing note or other correspondence from top officials in the Health Ministry and premier’s office during two years in which it was rocked by the scandal, forced to apologize and launched an outside review...
Email scandal uncovered a culture of 'delete, delete, delete' in B.C. government, CBC News, October 22, 2015
Denham's report, Access Denied, found that Michele Cadario, deputy chief of staff in the premier's office, routinely deleted emails in contravention of laws protecting the public's right to hold politicians accountable for their actions.
NDP lashes out at B.C. Liberal government’s ‘culture of cover-up and deceit’, The Indo-Canadian Voice, October 26, 2015
Premier Clark has created and encouraged a culture of deception, deceit, and delete, delete, delete,” said NDP Leader John Horgan. “We asked for emails from the Premier’s office and got none, then discovered more than a hundred existed and disappeared. We asked for emails from the LNG ministry and got exactly three. Then we found out 800 existed and, again, disappeared.”
BC Government Put Itself Above the Law with Email Deletions, Paul Willcocks, The Tyee, October 28, 2015
...[Information & Privacy Commissioner] Denham was reviewing a specific FOI request Southern had handled. The applicant had sought all emails sent by Michelle Cadario, Premier Christy Clark's deputy chief of staff, over eight days last November.

Cadario said there were no responsive records, not one email, and that's what the applicant was told.

But the same person filed a similar request seeking email records from Clark’s chief of staff Dan Doyle. And those included emails from Cadario from the same period...

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  1. " contravention of laws."

    Where are the charges?

    Twice Denham pointed directly to the office of the premier.

    Where are the repercussions?

    And bringing Loukadelis into the hen house certainly gives one confidence.

    1. Confidence that "the business" will continue as before.

  2. Regarding the health firings, any employer be they government or not would absolutely keep records in the event of wrongful dismissal actions launched by any or all of those who were dismissed. It would be the employer's protection and justification for the firings, IF there was any.

    To say there were no records, before DELETION, defies credibility. BS comes to mind.

  3. There is an easily discernable and very troubling picture emerging from the seemingly endless line of investigations of questionable (to say the least) conduct of this government.

    A hell of a lot of people on our dime spend the day doing nothing in the public interest.

  4. The signing of the new RCMP long term contract and building their clubhouse in Surrey will ensure another yawn from the law.

    Now, if only one of the fired healthcare workers would stand up TO the Government, FOR the people and break the agreement of silence.

  5. Wheres the RCMP? I remember the day of the raid on the legeslature,one of the RCMP officers stated organized crime had reached the highest levels of the B.C. govt.....never heard a peep about that opinion still stands,RCMP plus Govt. plus big buisness =organized crime

  6. Can you imagine the number of workers they'd require if they DIDN'T delete records?

  7. As Deputy Attorney General, David Loukidelis presided over the secret payoff of two defendants in a criminal trial in exchange for their guilty pleas. This caused so much public outrage and embarrassment for the government that it had to pass specific legislation to ensure the public it would never happen again.

    David Loukidelis oversaw secret government plea negotiations with the defendants in that criminal trial being handled by an unknowing special prosecutor, something the very appointment of that prosecutor under the Crown Counsel Act was designed to prevent.

    David Loukidelis entered a conspiracy to ensure the special prosecutor and trial judge were not informed of the separate $6.2 million plea deal, without which there would have been no guilty pleas; a material fact that should have prevented the trial judge from accepting the defendants’ guilty pleas.

    David Loukidelis advised Deputy Finance Minister Graham Whitmarsh to sign an agreement to release that was obligated under a secret letter of agreement that former Attorney General Geoff Plant publicly wrote could not exist because it would be illegal.

    David Loukidelis approved the secret letter of agreement that required the defendants to sign a release preventing them from appealing the sentence that would result from their guilty pleas, which set up a scenario whereby Graham Whitmarsh did not have the requisite authority to sign the release Loukidelis recommended.

    The actions of David Loukidelis in this case were mainly responsible for considerable public angst, much political and legal turmoil, a full audit by BC’s Auditor General that included several court challenges, significant financial costs for government, government agencies and independent officers of the legislature, and resulted in a public mistrust of the government’s legal process that continues to this day.

    The government commissioned a review of special indemnities by Professor Stephen Toope as a result in large measure of the actions of David Loukidelis. In a letter to then Attorney General Bond subsequent the resulting report, Professor Toope stated in part, “No valid purpose articulated in my report would be served by allowing for indemnification in such cases, because there is no public interest in protecting the public servant from the full consequences (including financial consequences) of criminal liability.”

    Christy Clark is trying to clean up her filthy office with a soiled mop.

    1. Sentencing is another element of the backroom negotiations in the Basi/Virk criminal case. These were conducted by government representatives and lawyers interested in the case. We don't know exactly how these were done, just the results.

      In addition to being ahead $6 million, the defendants gained releases from personal guarantees they had signed. Government claimed there had been no chance of collecting but in fact, there was real estate securing the guarantees. Most importantly, the defendants negotiated a sweetheart sentence, which was house arrest that had so many exceptions that is was nearly equivalent to a discharge.

      Everyone in the system understands this was an illegal corruption of justice enabled by a weak judge. The pro-media punditry pretends otherwise.

  8. Yes, the Crown obtained a mortgage on the Basi home at 5064 Cambria Wood Terrace in Victoria that was assessed at $857,000 in 2010. The property was purchased in 1999 for $158,000 so it would appear considerable equity existed in the home. The mortgage was granted to the Crown as security for indebtedness created under the terms and conditions of the indemnity agreement between Basi and the Crown. The mortgage was therefore an obligation to the Crown. The Deputy Minister of Finance does not have authority to forgive an obligation to the Crown over $100,000 yet he discharged the mortgage as part of the plea deal.

    As for the plea negotiations, one should consider that if we believe the government’s version of events (I know, I know…) the special prosecutor was negotiating the terms of his plea bargain with the defendants’ counsel completely unaware that the government was also negotiating with them regarding the same pleas, and without their negotiations and secret deal that connected the waiver to his plea deal, his deal was never going to succeed. So the question becomes whether he would have struck a harder bargain on sentence had he known there was $6.2 million on the table to sweeten the pot and assist him.

    How can anyone (especially the RCMP) look at this shameful blemish on the administration of justice in this province and conclude that the course of justice was not perverted?

  9. People in this province aren't that interested in what is going on. it happens and then the B.C. Lieberals get re elected. people are more interested in their wallets than they are in democracy, legality, children dying in care, and women being murdered on the Highway of Tears.

    It isn't just the B.C. Lieberals who are to blame, its the voters. its not just the B.C. Lieberals who ought to be ashamed of their actions, it is the voters of B.C.

    We are seeing a provincial government as bad as the federal Cons were. Look how long it took the voters of Canada to get rid of Harper. It will take B.C. even longer to get rid of Christy and her cabal because a lot of people believe that shit eating smile of hers.



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