Interesting comments about what's happening over the ICBC scandal. It's totally dropped off the radar of the mainstream media. There are no less than 5 investigations into conduct. These comments from BC Mary's Legislature Raids are quite informative. One might speculate about whether individuals involved in Organized Crime have been able to get in on some of the ICBC stuff, since high end SUV's & trucks are the vehicles of choice for a lot of them. You see them driving around. It's pretty noticeable in certain areas. Organized crime is everywhere in BC, most people have no idea how extensive their reach us and how "legit" many of them present.
Express Collision Shop Said,
Speaking of organized crime. Whistleblowers have it tough in BC. I just got off the phone with a friend and lawsuits and threats are rampant in the past few weeks. It seems that these threats are all being made to the whistleblowers and trade association that are helping expose this ICBC mess. The RCMP, media, lawyer's and the Competition Bureau have been notified of all threats.
The investigation has found that this mess is getting larger by the day. Many of the vehicles that were talked about being high end SUV's and trucks and sports cars maybe the tip of the iceberg. There are some really nice vintage, antique, classic cars under investigation now. Were not talking about $40-$70 thousand dollar vehicles here, these are worth a hell of a lot more than that. "Zero Tolerance For Fraud.
****
Another interesting thing is I know of other lawsuits being filed against folks for blowing the whistle on various bad things happening in other sectors. Also a lot of intimidation, coercion and other nasty stuff. I know some of the media involved are also having legal action taken against them, but that may be karma, since some of them have allegedly violated sources who came forward in good faith. It also might be the case that the police authorities are advising the media to stop reporting on certain cases, there is a lot of information making it into the public domain these days when citizens are making comments, things that often should be getting reported to the investigating police.
At this stage of the game, I would advise anyone of thinking of going to the media not to do it, there is absolutely no certainty over who is trustworthy these days and I include anyone related to the NDP in that. They know a lot of stuff they are not bringing forward, they pick & choose what fits their agenda. If people have any direct involvement, or evidence about anything, go to the police investigating complaints, or in some cases, initiate your own police complaint.
As many whistleblowers learn the hard way, when they start making waves internally, asking questions, or have too much knowledge about what's happening within certain organizations, they're in for a rough ride and character assassination & defamation of character are part of the offenders' modus operandi (m.o.). This reinforces silence and fear amongst other staff. Those are the simplest reasons why so many of these corrupt organizations continue with these heinous and often illegal practices for so many years. Workers who know, or stumble on the truth, are afraid to speak up and when they do, they and their families are the ones who suffer, while the "bad guys" continue on their merry way, often being promoted and continuing to prosper and take advantage of insider privilege. This in itself also convinces some "good" people that its the path of least resistance to start getting in on the action, thus continuing to reinforce the organizational dysfunction and sometimes criminal activities taking place within. Most people aren't in a position where they can be fired and out of a job with one day's notice. And that happens more than most people know. And the employers' often just get away with it all. If you're a unionized worker in BC, Employment Standards are not in force for you. Many people don't know that. It's part of the Liberal changes. CCPA wrote a great report on that, called Negotiating Without a Floor.
And, the Labour Relations Board contains Liberal appointees from both employer and labour sides. The LRB will use their authority to get around taking direct complaints from unionized workers as well. And, its' really unclear how successful harassment complaints are at arbitration, many unions won't even let those get to that point, some won't even let their own workers file harassment and discrimination complaints.
****
But, How Bad Is the Record has some other thoughts on his blog:
Thursday, April 24, 2008
Whistleblower Threats
There is a very interesting developement on BC Marys' blogsite The Legislature Raids about how whistleblowers from some quarters in the ICBC Scandal have been threatened. A person who calls themself Express Collision Shop has reported the threats. He goes on to say that the police have been made aware of these threats.
Now I don't know about the rest of you folks, but I know that threats to anyone for any reason is a criminal offense. And if the RCMP are aware of this, and it is true, it should be reported to the public. I personally have no doubt that what this person says is true. They have been reporting on this case from the get-go and have been quite accurate in what they are reporting. Get the mainstream media on it NOW. This is outrageous.
Saturday, April 26, 2008
Monday, April 21, 2008
Fallout from 2006 Canadian Census
This was some news to me. I didn't know that the Canadian government privatized and "outsourced" the handling of the 2006 Canadian census to Lockheed Martin, the transnational aerospace manufacturer and advanced technology corporation and the the largest arms manufacturer in the world. They are also the world's largest defense contract holders and strategically linked to the American government. As of 2005, 95% of Lockheed Martin's revenues came from the United States Department of Defense, other U.S. federal government agencies, and foreign military customers.
Now, what is the fallout... well, our good old Canadian government is now in the process of charging and prosecuting 63 Canadian citizens for refusing to participate in the 2006 Census on grounds that this information is being collected by Lockheed Martin, brought into the United States and now fully subject to the Patriot Act. If this doesn't curl your hair, it should. It continues to rapid and increasing pace in which Canada is being gobbled up by the despots to the South.
Just today, April 21st Stephen Harper, George Bush and Mexican President Calderon are meeting for the fourth leaders' summit of the Security and Prosperity Partnership (SPP), the biggest threat to Canadian sovereignty that exists today, unless you count Stephen Harper, George Bush, Dick Cheney in there too.
One cannot fail to see the links to what is happening here in BC as well. As scandal after scandal unfolds: ICBC, Ministry of Children & Family Development, Ministry of Employment & Income Assistance contracts to American corporations to the Legislature Raids & "sale" of BC Rail, the sale of our power & rivers. The corruption that seeps out of Victoria reeks of American influence and a diminished regard for our citizens. Gordon Campbell spends a fair amount of time in the States & meeting with American leaders around the world. All of these public policy decisions are not a coincidence. People like Campbell don't do anything for anyone without having a BIG reward somewhere, where is his? It's time for a vote of non-confidence in Gordon Campbell and the BC Liberal government. If they aren't out soon, like the Conservatives, there will be nothing left to call home, whether that is Canada, or BC.
See Murray Dobbin's excellent latest article, Americanize Me? No Thanks in the Tyee for more about it all.
Here's a little excerpt:
Most recently it was a secretively signed agreement called the Civil Assistance Plan, which "allows the military from one nation to support the armed forces of the other nation during a civil emergency."
Good government. There is much, much more dire data about where the U.S. ranks on many social and economic scales. The cause of most of it is the catastrophic decline in democratic governance, the virtual abandonment of any serious social or regulatory role for government under George Bush and the Republicans. At no other time in the past century has the U.S. had people in power so dedicated to the dismantling of democratic governance.
When governance is hijacked by the likes of Bush and Brown there is only one possible outcome: massive, intractable, endemic corruption permeates the whole system. Stories following up on the Katrina catastrophe show that nothing has changed. Billions have been wasted, stolen or remain unaccounted for. The tragedy has been used as a useful crisis to dispossess thousands of New Orleans' poorest residents, privatize the education system and ensure that the wealthy get the benefit of public money.
Now, what is the fallout... well, our good old Canadian government is now in the process of charging and prosecuting 63 Canadian citizens for refusing to participate in the 2006 Census on grounds that this information is being collected by Lockheed Martin, brought into the United States and now fully subject to the Patriot Act. If this doesn't curl your hair, it should. It continues to rapid and increasing pace in which Canada is being gobbled up by the despots to the South.
Just today, April 21st Stephen Harper, George Bush and Mexican President Calderon are meeting for the fourth leaders' summit of the Security and Prosperity Partnership (SPP), the biggest threat to Canadian sovereignty that exists today, unless you count Stephen Harper, George Bush, Dick Cheney in there too.
One cannot fail to see the links to what is happening here in BC as well. As scandal after scandal unfolds: ICBC, Ministry of Children & Family Development, Ministry of Employment & Income Assistance contracts to American corporations to the Legislature Raids & "sale" of BC Rail, the sale of our power & rivers. The corruption that seeps out of Victoria reeks of American influence and a diminished regard for our citizens. Gordon Campbell spends a fair amount of time in the States & meeting with American leaders around the world. All of these public policy decisions are not a coincidence. People like Campbell don't do anything for anyone without having a BIG reward somewhere, where is his? It's time for a vote of non-confidence in Gordon Campbell and the BC Liberal government. If they aren't out soon, like the Conservatives, there will be nothing left to call home, whether that is Canada, or BC.
See Murray Dobbin's excellent latest article, Americanize Me? No Thanks in the Tyee for more about it all.
Here's a little excerpt:
Most recently it was a secretively signed agreement called the Civil Assistance Plan, which "allows the military from one nation to support the armed forces of the other nation during a civil emergency."
Good government. There is much, much more dire data about where the U.S. ranks on many social and economic scales. The cause of most of it is the catastrophic decline in democratic governance, the virtual abandonment of any serious social or regulatory role for government under George Bush and the Republicans. At no other time in the past century has the U.S. had people in power so dedicated to the dismantling of democratic governance.
When governance is hijacked by the likes of Bush and Brown there is only one possible outcome: massive, intractable, endemic corruption permeates the whole system. Stories following up on the Katrina catastrophe show that nothing has changed. Billions have been wasted, stolen or remain unaccounted for. The tragedy has been used as a useful crisis to dispossess thousands of New Orleans' poorest residents, privatize the education system and ensure that the wealthy get the benefit of public money.
Canadian Health News
Canadian Government & the Marijuana Game
Health Canada is on the hot seat over its’ handling of medical marijuana, which became available in 2003. It’s reported that individuals with medical prescriptions owe over $500,000 for marijuana received. There are 739 registered users in Canada, who have a variety of health issues, including cancer, Hepatitis C and HIV/AIDS. Health Canada provides licenses to certified users, who've been prescribed cannabis by their doctors, and allows them to grow their own, have someone grow it for them, or buy directly from the department. Although people can receive prescriptions from their doctors, and receive the drug from the grower of choice of the Canadian government, Prairie Plant Systems Inc. (based in Flin Flon, Manitoba) marijuana is not covered under medical services plans as a prescription drug.
Health Canada is reported to have paid their producer over $10 million since 2003 and said it plans to stop providing licenses to individuals who can grow their own medicine at home, thus forcing all medical users to buy their supplies directly from the government. Recipients, who are often impoverished, unable to work, on disability and cannot afford to pay the high price charged by Health Canada, which apparently applies a 1500 percent mark up on the product provided by Prairie Plant Systems. Complaints have also been made about the quality of the product grown by the government’s grower, with THC content at 12.5, which is below street sold marijuana. Many of these ill citizens have had to return to the black market for their medication, while Health Canada turns their names over to collection agencies. Some are able to obtain medical marijuana products from Compassion Clubs with the support of their doctors.
Health Canada is on the hot seat over its’ handling of medical marijuana, which became available in 2003. It’s reported that individuals with medical prescriptions owe over $500,000 for marijuana received. There are 739 registered users in Canada, who have a variety of health issues, including cancer, Hepatitis C and HIV/AIDS. Health Canada provides licenses to certified users, who've been prescribed cannabis by their doctors, and allows them to grow their own, have someone grow it for them, or buy directly from the department. Although people can receive prescriptions from their doctors, and receive the drug from the grower of choice of the Canadian government, Prairie Plant Systems Inc. (based in Flin Flon, Manitoba) marijuana is not covered under medical services plans as a prescription drug.
Health Canada is reported to have paid their producer over $10 million since 2003 and said it plans to stop providing licenses to individuals who can grow their own medicine at home, thus forcing all medical users to buy their supplies directly from the government. Recipients, who are often impoverished, unable to work, on disability and cannot afford to pay the high price charged by Health Canada, which apparently applies a 1500 percent mark up on the product provided by Prairie Plant Systems. Complaints have also been made about the quality of the product grown by the government’s grower, with THC content at 12.5, which is below street sold marijuana. Many of these ill citizens have had to return to the black market for their medication, while Health Canada turns their names over to collection agencies. Some are able to obtain medical marijuana products from Compassion Clubs with the support of their doctors.
Thursday, April 17, 2008
Whistleblowers at ICBC: Can you say 'Tip of the Iceberg'
ICBC concerns never reached the top: report
Management unaware of repaired vehicles sold without disclosing history
Jeff Rud and Lindsay Kines, Times Colonist
Published: Thursday, April 17, 2008
Concerns about activities at an ICBC research and training facility in Burnaby were raised as far back as 2006 but never reached the company's CEO or senior management, according to a document tabled yesterday in the legislature.
A letter from ICBC chairman T. Richard Turner to Solicitor General John van Dongen, tabled yesterday, reveals that "concerns about activities at the Research and Training facility were raised on three separate occasions in 2006 and 2007.
"At the time the issues were identified, they were not escalated to the CEO or to a member of the executive committee," Turner wrote.
The six-page letter provides a summary of the investigation into the ICBC centre, including a detailed chronology. That investigation began after employees presented concerns about the facility's operations to an ICBC Special Investigations Unit officer.
**
Hmmm, I have to call BS on this one. Several managers bought cars and the CEO has hightailed it out at the first hint of problems. The investigators might want to find out if the employees who “presented concerns” are still employed by ICBC, or whether they later ended up receiving disciplinary letters for trumped up charges, were harassed, were fired, or quit. It’s kind of funny, managers and others who cheat and swindle to get sweet deals on cars don’t like it when peon’s start yapping about things like that. And, CEO’s and executives don’t like peons who blow the whistle on their “superiors” either. Maybe the RCMP should go back, hmm, like 7 years.
One of the key things the BC Liberals did was get rid of the CEO of ICBC, Nick Geer
& install their own guy, Paul Taylor. A post from another blog:
#11. In 2004, Nick Geer, former President and CEO, left
ICBC. Supposedly a mutual thing. Uh huh. Why on earth
would we want this guy in charge of our public car insurance?
He only turned ICBC around and had it in the black. He also
thought the citizens of B.C. should be protected by low rates
for car insurance, good service and coverage. He was also
skeptical about a little thing called privatization. Man, we
wouldn’t want to get used to that kind of fore thought in
our government officials, it gets in the way of the money to
be made by the Liberals buddies, the private insurance companies.
Hmm, wonder how much it cost them to get rid of Geer?
***
RCMP to start ICBC investigation
CBC News. April 17th 2008.
George Hancock, spokesperson of the United Auto Trades Association, a group representing auto body and glass shops in B.C., hopes the RCMP investigation will have a broad scope.
"We believe that some of the relationships that ICBC enjoys with organizations in the industry are a little bit too cozy and probably not in the best interests of the people of British Columbia."
Management unaware of repaired vehicles sold without disclosing history
Jeff Rud and Lindsay Kines, Times Colonist
Published: Thursday, April 17, 2008
Concerns about activities at an ICBC research and training facility in Burnaby were raised as far back as 2006 but never reached the company's CEO or senior management, according to a document tabled yesterday in the legislature.
A letter from ICBC chairman T. Richard Turner to Solicitor General John van Dongen, tabled yesterday, reveals that "concerns about activities at the Research and Training facility were raised on three separate occasions in 2006 and 2007.
"At the time the issues were identified, they were not escalated to the CEO or to a member of the executive committee," Turner wrote.
The six-page letter provides a summary of the investigation into the ICBC centre, including a detailed chronology. That investigation began after employees presented concerns about the facility's operations to an ICBC Special Investigations Unit officer.
**
Hmmm, I have to call BS on this one. Several managers bought cars and the CEO has hightailed it out at the first hint of problems. The investigators might want to find out if the employees who “presented concerns” are still employed by ICBC, or whether they later ended up receiving disciplinary letters for trumped up charges, were harassed, were fired, or quit. It’s kind of funny, managers and others who cheat and swindle to get sweet deals on cars don’t like it when peon’s start yapping about things like that. And, CEO’s and executives don’t like peons who blow the whistle on their “superiors” either. Maybe the RCMP should go back, hmm, like 7 years.
One of the key things the BC Liberals did was get rid of the CEO of ICBC, Nick Geer
& install their own guy, Paul Taylor. A post from another blog:
#11. In 2004, Nick Geer, former President and CEO, left
ICBC. Supposedly a mutual thing. Uh huh. Why on earth
would we want this guy in charge of our public car insurance?
He only turned ICBC around and had it in the black. He also
thought the citizens of B.C. should be protected by low rates
for car insurance, good service and coverage. He was also
skeptical about a little thing called privatization. Man, we
wouldn’t want to get used to that kind of fore thought in
our government officials, it gets in the way of the money to
be made by the Liberals buddies, the private insurance companies.
Hmm, wonder how much it cost them to get rid of Geer?
***
RCMP to start ICBC investigation
CBC News. April 17th 2008.
George Hancock, spokesperson of the United Auto Trades Association, a group representing auto body and glass shops in B.C., hopes the RCMP investigation will have a broad scope.
"We believe that some of the relationships that ICBC enjoys with organizations in the industry are a little bit too cozy and probably not in the best interests of the people of British Columbia."
Wednesday, April 16, 2008
Trial by Media: When Speculation Turns to Libel
Lots of Support for Merritt Mom
CKNW. 4/15/2008
Friends in Merritt say support is strong for a local woman grieving the loss of her three young children.
The hunt for the killer continues.
The prime suspect is their father, 40 year old Allan Schoenborn.
Friends who set up a trust fund at a Merritt bank for Darcie Clark won't say how much money has been collected.
But they say donations have been coming in from all over BC, and from places like Winnipeg and Yellowknife as well.
**********
Unless I missed a whole lot, such as the completed RCMP investigation, charge assessment, Crown recommending criminal charges, a trial and conviction, media outlets have vastly overstepped themselves & committed libel by openly publishing and broadcasting that Mr. Schoenborn is a “killer.”
It is a hallmark of our criminal justice system and a defendant’s rights (once charged by the Crown) that they are innocent until proven and judged guilty beyond a reasonable doubt. In this case, Mr. Schoenborn is known to suffer from mental illness, it is not a fait accomplait that he actually committed the crime, that he is guilty of anything, or that he would meet the test for being criminally responsible, if he were to have committed any crime. Things are very often not what they seem and because of the shocking and horrifying nature of the deaths of these children, it is easy to understand the thirst for justice, but it cannot include libelous actions on the part of anyone.
Ask yourself, what would you feel like if you were accused, tarred & feathered & found guilty in the court of public opinion and the media before your side could ever be learned. What if you weren't guilty? What if someone else did this to your children? One only has to pick up true crime stories to see that sometimes the most unexpected people do the most unexpected things. Facts and evidence are what count and what matter.
As we can see from the statements made by law enforcement officials below, the media has done a disservice from the start and misinformation has been published, distributed and transmitted about several facts of importance in this case from the very beginning. That should concern everyone, because someday it could be you, or someone you love. How many people's lives have been torn apart by false accusations of abuse? Many.
***
Suspected killer of 3 children in B.C. has violent past: documents
RCMP warn suspect could have reached Alberta already
Last Updated: Monday, April 7, 2008 | CBC News
Police on Monday said earlier media reports that Schoenborn had been found dead in the trailer home along with his three children were wrong.
**
Police release new photos of father of slain Merritt children
Last Updated: Friday, April 11, 2008 |CBC News
Excerpt:
Timeline still uncertain
It's still not clear how long the children were dead before their mother called police.
Linteau said the "time and cause of death" is not something police are willing to release at this time.
"We've never actually released that information. The only thing we have been saying is that contrary to some media reports that she was only gone a few minutes or 10 minutes, we can confirm that information is false," said Linteau.
Linteau did confirm the children's mother, Darcie Clarke, left the home, and Allan Schoenborn was in the trailer alone with his children for a period of time before police were called on Sunday.
Linteau would not reveal how long the children had been dead before their bodies were found, but at a news conference Thursday, RCMP Asst. Commissioner Al Macintyre said it was "considerably earlier" than was reported by Clarke just after 2 p.m. Sunday when Merritt RCMP were called to the mobile home.
At the same news conference, Macintyre would not comment on whether Clarke has been ruled out as a suspect, but later said, "Personally in my heart, I don't see the mother as a suspect. I could be proven wrong afterwards because something else will have been learned or determined."
Police said Clarke is in a safe location "undergoing care," but they will not reveal if she is still at the local hospital or somewhere else, or if she is under police guard.
CKNW. 4/15/2008
Friends in Merritt say support is strong for a local woman grieving the loss of her three young children.
The hunt for the killer continues.
The prime suspect is their father, 40 year old Allan Schoenborn.
Friends who set up a trust fund at a Merritt bank for Darcie Clark won't say how much money has been collected.
But they say donations have been coming in from all over BC, and from places like Winnipeg and Yellowknife as well.
**********
Unless I missed a whole lot, such as the completed RCMP investigation, charge assessment, Crown recommending criminal charges, a trial and conviction, media outlets have vastly overstepped themselves & committed libel by openly publishing and broadcasting that Mr. Schoenborn is a “killer.”
It is a hallmark of our criminal justice system and a defendant’s rights (once charged by the Crown) that they are innocent until proven and judged guilty beyond a reasonable doubt. In this case, Mr. Schoenborn is known to suffer from mental illness, it is not a fait accomplait that he actually committed the crime, that he is guilty of anything, or that he would meet the test for being criminally responsible, if he were to have committed any crime. Things are very often not what they seem and because of the shocking and horrifying nature of the deaths of these children, it is easy to understand the thirst for justice, but it cannot include libelous actions on the part of anyone.
Ask yourself, what would you feel like if you were accused, tarred & feathered & found guilty in the court of public opinion and the media before your side could ever be learned. What if you weren't guilty? What if someone else did this to your children? One only has to pick up true crime stories to see that sometimes the most unexpected people do the most unexpected things. Facts and evidence are what count and what matter.
As we can see from the statements made by law enforcement officials below, the media has done a disservice from the start and misinformation has been published, distributed and transmitted about several facts of importance in this case from the very beginning. That should concern everyone, because someday it could be you, or someone you love. How many people's lives have been torn apart by false accusations of abuse? Many.
***
Suspected killer of 3 children in B.C. has violent past: documents
RCMP warn suspect could have reached Alberta already
Last Updated: Monday, April 7, 2008 | CBC News
Police on Monday said earlier media reports that Schoenborn had been found dead in the trailer home along with his three children were wrong.
**
Police release new photos of father of slain Merritt children
Last Updated: Friday, April 11, 2008 |CBC News
Excerpt:
Timeline still uncertain
It's still not clear how long the children were dead before their mother called police.
Linteau said the "time and cause of death" is not something police are willing to release at this time.
"We've never actually released that information. The only thing we have been saying is that contrary to some media reports that she was only gone a few minutes or 10 minutes, we can confirm that information is false," said Linteau.
Linteau did confirm the children's mother, Darcie Clarke, left the home, and Allan Schoenborn was in the trailer alone with his children for a period of time before police were called on Sunday.
Linteau would not reveal how long the children had been dead before their bodies were found, but at a news conference Thursday, RCMP Asst. Commissioner Al Macintyre said it was "considerably earlier" than was reported by Clarke just after 2 p.m. Sunday when Merritt RCMP were called to the mobile home.
At the same news conference, Macintyre would not comment on whether Clarke has been ruled out as a suspect, but later said, "Personally in my heart, I don't see the mother as a suspect. I could be proven wrong afterwards because something else will have been learned or determined."
Police said Clarke is in a safe location "undergoing care," but they will not reveal if she is still at the local hospital or somewhere else, or if she is under police guard.
Sunday, April 13, 2008
Information & Privacy Rights in BC
One thing citizens need to know is that they do have rights where their privacy is concerned when information is collected against them. BC is governed by the
Freedom of Information & Protection of Privacy Act. First step, go to the Information & Privacy website, if you want info about yourself from the BC government, choose public Each Ministry has an Information & Privacy division.
Find the form, identify the information you require. It's a good idea to ask for "any and all" case notes, communications, which includes e-mails and name the actual parties involved. In the case of child protection complaints, or third party information, that will be severed from what is issued. However the files can form part of a civil action against whomever, in addition to the document disclosure (discovery) you can request from the other side. The same all holds true of private businesses, who you apply for information under the:
Personal Information Privacy Act
If information is held by the BC government, citizens can request a correction of the information held on themselves.
Right to request correction of personal information
29 (1) An applicant who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information.
(2) If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made.
(3) On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested.
(4) On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control.
Process
First step in doing that is to the parties involved, CC-ing the information & privacy managers of that Ministry. If that does not rectify the situation, you can proceed with a formal complaint to the Office of the Information & Privacy Commissioner. It's important to follow the process, as these parties really don't like taking complaints (or sometimes releasing information that is in the individuals, or public's good).
It's also important to be able to have some evidence as to why the information is incorrect.
Accountability
There are vast breaches of information & privacy rights in this province, this article even points out how the government is breaching it's own legislation and sending a "hit list" of people (mostly journalists) who have requested information which is deemed "sensitive" or potentially "embarassing" for the government. As many know, this government is accountable to no-one and there are mistakes made concerning the rights of the public in dealing with governmental organizations all of the time, then they are hidden, covered up, documents also go missing.
This is the Whistleblower piece of the Act, I'm not sure it has any relevance, but it is included. Almost all legislation concerning employment is not really in force in BC these days. As has been demonstrated, the Campbell government aren't big fans of these little things called contracts, as Bill 29 proved.
An interesting FOI request would be how much taxpayers money has been spent in legal fees for cases, such as fighting Bill 29 all the way to the Supreme Court, or even all the civil cases that have been filed against the BC government. Let's just say they've spent A LOT of OUR $$$.
Whistle-blower protection
30.3 An employer, whether or not a public body, must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the employer, or deny that employee a benefit, because
(a) the employee, acting in good faith and on the basis of reasonable belief, has notified the minister responsible for this Act under section 30.2,
(b) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the commissioner that the employer or any other person has contravened or is about to contravene this Act,
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene this Act,
(d) the employee, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of this Act, or
(e) the employer believes that an employee will do anything described in paragraph (a), (b), (c) or (d).
Freedom of Information & Protection of Privacy Act. First step, go to the Information & Privacy website, if you want info about yourself from the BC government, choose public Each Ministry has an Information & Privacy division.
Find the form, identify the information you require. It's a good idea to ask for "any and all" case notes, communications, which includes e-mails and name the actual parties involved. In the case of child protection complaints, or third party information, that will be severed from what is issued. However the files can form part of a civil action against whomever, in addition to the document disclosure (discovery) you can request from the other side. The same all holds true of private businesses, who you apply for information under the:
Personal Information Privacy Act
If information is held by the BC government, citizens can request a correction of the information held on themselves.
Right to request correction of personal information
29 (1) An applicant who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information.
(2) If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made.
(3) On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested.
(4) On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control.
Process
First step in doing that is to the parties involved, CC-ing the information & privacy managers of that Ministry. If that does not rectify the situation, you can proceed with a formal complaint to the Office of the Information & Privacy Commissioner. It's important to follow the process, as these parties really don't like taking complaints (or sometimes releasing information that is in the individuals, or public's good).
It's also important to be able to have some evidence as to why the information is incorrect.
Accountability
There are vast breaches of information & privacy rights in this province, this article even points out how the government is breaching it's own legislation and sending a "hit list" of people (mostly journalists) who have requested information which is deemed "sensitive" or potentially "embarassing" for the government. As many know, this government is accountable to no-one and there are mistakes made concerning the rights of the public in dealing with governmental organizations all of the time, then they are hidden, covered up, documents also go missing.
This is the Whistleblower piece of the Act, I'm not sure it has any relevance, but it is included. Almost all legislation concerning employment is not really in force in BC these days. As has been demonstrated, the Campbell government aren't big fans of these little things called contracts, as Bill 29 proved.
An interesting FOI request would be how much taxpayers money has been spent in legal fees for cases, such as fighting Bill 29 all the way to the Supreme Court, or even all the civil cases that have been filed against the BC government. Let's just say they've spent A LOT of OUR $$$.
Whistle-blower protection
30.3 An employer, whether or not a public body, must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the employer, or deny that employee a benefit, because
(a) the employee, acting in good faith and on the basis of reasonable belief, has notified the minister responsible for this Act under section 30.2,
(b) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the commissioner that the employer or any other person has contravened or is about to contravene this Act,
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene this Act,
(d) the employee, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of this Act, or
(e) the employer believes that an employee will do anything described in paragraph (a), (b), (c) or (d).
Thursday, April 10, 2008
Yah, That's showing Her, er, um...
Senior Mountie found in contempt of Parliament
Jack Aubry, Canwest News Service
Published: Thursday, April 10, 2008
OTTAWA - The RCMP's deputy commissioner, who has been found in contempt of Parliament, will not face any penalties such as jail time or financial fines, even though MPs believe she deliberately misled a parliamentary committee, the chairman of the all-party public accounts committee says.
Liberal MP Shawn Murphy, who received unanimous support Thursday from the House of Commons for a motion of concurrence on a recent committee report that found George in contempt, said MPs are satisfied with the "public rebuke" of the high-level officer even though harsher penalties are allowed under the legislature's arcane rules.
"It is now up to the commissioner to decide how to deal with the matter. We didn't want to over-dramatize it but we did want to send a message that this was not acceptable," said Murphy.
RCMP's deputy commissioner, Barbara George.
The parliamentary procedure began in February when the 12-member public accounts committee voted unanimously to recommend George be cited for contempt, asserting she deliberately misled MPs. The committee members had taken issue with George's testimony, in which she told MPs with "absolute finality" she did not have "anything whatsoever to do" with allegations a Mountie investigating the misappropriation of RCMP pension funds was removed from the file.
George was given the opportunity to explain during a two-hour appearance before the committee in December after e-mails and other testimony later contradicted her. George, however, has vehemently denied she misled the committee.
In line with the committee's recommendations, Murphy's motion stated: "no further action" should be taken against George since being found in contempt by the House of Commons "is in itself a very serious sanction."
Meanwhile, in a statement released shortly after the motion was passed, the RCMP said it was aware of the motion and "takes this very seriously." Noting the contempt finding is "unprecedented in recent history," the force said it is considering the matter "to determine any appropriate action on the part of the RCMP."
An RCMP spokesperson said the force did not expect to make any further statements on the matter on Thursday.
MPs have commented George's mistake was in her refusal to apologize once the committee had ruled.
George is currently on leave but is still an RCMP_employee.
Involving mismanagement, nepotism, questionable expense claims and contracts, the RCMP_pension scandal has tarnished the reputation of the police force ever since the story broke in 2003. A federal investigation concluded last year that former RCMP_Commissioner Giuliano Zaccardelli harmed the public trust by allowing the controversy to drag out over the years.
Zaccardelli denied there was any cover-up while George was the only senior Mountie suspended in connection with the scandal.
The 200 edition of "House of Commons Procedure and Practice", as edited by Robert Marleau and Camille Montpetit, said the "Canadian approach" to such contempt cases features a "reluctance to invoke the House's authority to reprimand, admonish or imprison anyone found to have trampled its dignity or authority."
The book said there have been "very few cases" in Canadian practice where the House has recommended a punishment.
© Canwest News Service 2008
******************
Yet another high level bureaucrat who gets off "scot free" from any meaningful consequences, what a message it sends, we told her... and everyone else that pesky little things like ethics, policies and procedures and speaking to the Parliament of your country don’t mean a thing to those of us who are “above” anyone else. Or, is she the mark for someone else? Hmmm. In any event, this is all just foolish. Now I wonder what happened to people who stepped up & blew the whistle, Mr. Lewis being the primary? Oh yah, one got FIRED. Isn’t there something really wrong with this picture? Oh and by the way, what exactly was done with the RCMP pension plan? If it was the rest of us, we’d be out the door, but not in our fair Canada, she’s back. So I guess a a case couldn't be made so … back to the trenches. Or, just took her lumps for brass like a good girl, or to make life easier.
*********************
The Commons public accounts committee is holding an emergency in-camera session today after testimony yesterday on Parliament Hill about corruption, cronyism and cover-ups at the force’s highest levels concerning the RCMP pension plan.
Five RCMP officers and a whistle-blower who lost her job accused the force’s senior management, led by former commissioner Giuliano Zaccardelli, of corruption, and of derailing an investigation into the misappropriation of funds from the Mounties’ pension plan. One MP, Liberal Borys Wrzesnewskyj, said in an interview that the Liberals will be calling for a public inquiry into the allegations.
Last night, officials said the Mounties’ acting commissioner, Beverley Busson, announced deputy commissioner Barbara George had stepped down as head of RCMP human resources, as well as the senior executive committee. At the same time, an RCMP deputy commissioner has resigned her post as head of the forces’ human resources department.
http://totalrecoil.wordpress.com/category/rcmp/
Boohoo. Can you hear my violin.
Mountie felt ‘condemned’ before hearings
Jessica Leeder, Ottawa (Globe and Mail) - A high-ranking Mountie who could be cited for contempt of Parliament says she has been misunderstood by a parliamentary committee that has been misled by RCMP whistleblowers.
Deputy Commissioner Barbara George testified under oath before the House of Commons public accounts committee three times last year in an effort to counter allegations she tried to block an investigator looking into the force’s pension scandal from probing her department and exploring whether she herself was involved.
Ms. George said once she learned of the close relationship between the Mounties who blew the whistle and committee members (Staff Sergeant Ron Lewis, for example, told The Globe and Mail he wrote the questions Liberal MP Borys Wrzesnewskyj used to grill Ms. George at committee hearings) she began to feel attempts to clear her name at subsequent hearings would be futile.
Jack Aubry, Canwest News Service
Published: Thursday, April 10, 2008
OTTAWA - The RCMP's deputy commissioner, who has been found in contempt of Parliament, will not face any penalties such as jail time or financial fines, even though MPs believe she deliberately misled a parliamentary committee, the chairman of the all-party public accounts committee says.
Liberal MP Shawn Murphy, who received unanimous support Thursday from the House of Commons for a motion of concurrence on a recent committee report that found George in contempt, said MPs are satisfied with the "public rebuke" of the high-level officer even though harsher penalties are allowed under the legislature's arcane rules.
"It is now up to the commissioner to decide how to deal with the matter. We didn't want to over-dramatize it but we did want to send a message that this was not acceptable," said Murphy.
RCMP's deputy commissioner, Barbara George.
The parliamentary procedure began in February when the 12-member public accounts committee voted unanimously to recommend George be cited for contempt, asserting she deliberately misled MPs. The committee members had taken issue with George's testimony, in which she told MPs with "absolute finality" she did not have "anything whatsoever to do" with allegations a Mountie investigating the misappropriation of RCMP pension funds was removed from the file.
George was given the opportunity to explain during a two-hour appearance before the committee in December after e-mails and other testimony later contradicted her. George, however, has vehemently denied she misled the committee.
In line with the committee's recommendations, Murphy's motion stated: "no further action" should be taken against George since being found in contempt by the House of Commons "is in itself a very serious sanction."
Meanwhile, in a statement released shortly after the motion was passed, the RCMP said it was aware of the motion and "takes this very seriously." Noting the contempt finding is "unprecedented in recent history," the force said it is considering the matter "to determine any appropriate action on the part of the RCMP."
An RCMP spokesperson said the force did not expect to make any further statements on the matter on Thursday.
MPs have commented George's mistake was in her refusal to apologize once the committee had ruled.
George is currently on leave but is still an RCMP_employee.
Involving mismanagement, nepotism, questionable expense claims and contracts, the RCMP_pension scandal has tarnished the reputation of the police force ever since the story broke in 2003. A federal investigation concluded last year that former RCMP_Commissioner Giuliano Zaccardelli harmed the public trust by allowing the controversy to drag out over the years.
Zaccardelli denied there was any cover-up while George was the only senior Mountie suspended in connection with the scandal.
The 200 edition of "House of Commons Procedure and Practice", as edited by Robert Marleau and Camille Montpetit, said the "Canadian approach" to such contempt cases features a "reluctance to invoke the House's authority to reprimand, admonish or imprison anyone found to have trampled its dignity or authority."
The book said there have been "very few cases" in Canadian practice where the House has recommended a punishment.
© Canwest News Service 2008
******************
Yet another high level bureaucrat who gets off "scot free" from any meaningful consequences, what a message it sends, we told her... and everyone else that pesky little things like ethics, policies and procedures and speaking to the Parliament of your country don’t mean a thing to those of us who are “above” anyone else. Or, is she the mark for someone else? Hmmm. In any event, this is all just foolish. Now I wonder what happened to people who stepped up & blew the whistle, Mr. Lewis being the primary? Oh yah, one got FIRED. Isn’t there something really wrong with this picture? Oh and by the way, what exactly was done with the RCMP pension plan? If it was the rest of us, we’d be out the door, but not in our fair Canada, she’s back. So I guess a a case couldn't be made so … back to the trenches. Or, just took her lumps for brass like a good girl, or to make life easier.
*********************
The Commons public accounts committee is holding an emergency in-camera session today after testimony yesterday on Parliament Hill about corruption, cronyism and cover-ups at the force’s highest levels concerning the RCMP pension plan.
Five RCMP officers and a whistle-blower who lost her job accused the force’s senior management, led by former commissioner Giuliano Zaccardelli, of corruption, and of derailing an investigation into the misappropriation of funds from the Mounties’ pension plan. One MP, Liberal Borys Wrzesnewskyj, said in an interview that the Liberals will be calling for a public inquiry into the allegations.
Last night, officials said the Mounties’ acting commissioner, Beverley Busson, announced deputy commissioner Barbara George had stepped down as head of RCMP human resources, as well as the senior executive committee. At the same time, an RCMP deputy commissioner has resigned her post as head of the forces’ human resources department.
http://totalrecoil.wordpress.com/category/rcmp/
Boohoo. Can you hear my violin.
Mountie felt ‘condemned’ before hearings
Jessica Leeder, Ottawa (Globe and Mail) - A high-ranking Mountie who could be cited for contempt of Parliament says she has been misunderstood by a parliamentary committee that has been misled by RCMP whistleblowers.
Deputy Commissioner Barbara George testified under oath before the House of Commons public accounts committee three times last year in an effort to counter allegations she tried to block an investigator looking into the force’s pension scandal from probing her department and exploring whether she herself was involved.
Ms. George said once she learned of the close relationship between the Mounties who blew the whistle and committee members (Staff Sergeant Ron Lewis, for example, told The Globe and Mail he wrote the questions Liberal MP Borys Wrzesnewskyj used to grill Ms. George at committee hearings) she began to feel attempts to clear her name at subsequent hearings would be futile.
Tuesday, April 8, 2008
CLBC funded Group Home investigation & oversight?
This is the tip of the iceberg, the public and even family members of people placed in homes would be shocked at the kind of things taking place in group homes for the developmentally disabled, including abuse. And, who exactly is supposed to have oversight you might be asking.... well, Licensing? Community Living BC? MCFD? The Representative? Like this mother found out, not really anyone, unless you can provide evidence a crime has committed you are SOL to get an investigation of any sort. Well this whole thing goes a way towards meeting Campbell's great goals for enhancing the lives of special needs people. It's like a dog chasing it's tail, try making a quality of care complaint about treatment of residents in CLBC funded homes?
Ultimately though, the BC government is responsible, the buck stops there. They can "devolve" and privatize as much as they want, when the United Nations is knocking on the door, it will be the door of the BC government they are knocking on for answers. And when the world's media is here in 2010, this will all make great coverage, the billions spent on a 10 day party when the entire social safety net has been torn apart and this is but one example of many.
Complaints Resolution Process
The CLBC Complaints Resolution Process clarifies what recourse individuals and families have when they are dissatisfied with a service provided by CLBC or disagree with a decision made by a CLBC staff member.
*****************
Maybe some of the media can talk about some of the other issues in group homes in the sector... residents being given wrong medications, unsafe vehicles, the hiring of untrained, sometimes unskilled workers. How about physical, financial and even sexual abuse that goes unreported. Inadequate staffing, warehousing and parking residents in front of TV's for hours. Anyone who's worked in the sector has seen something awry at some point in time, but, who do you report it to so that conditions are investigated? To the agency? Who needs the funding. Notice the article reported "his funding is "attached" to his current group home." This agency is paid BIG money for an individual, such as in this story. These houses are big business and they need to protect their funding (profits) and their source of funding (CLBC). I'm sure this agency got a good deal on their lease. At the very least, a full environmental assessment should be made prior to placing anyone there, or having staff work in the environment. But I guess the real story is whether the agency incurs any liability IF and this important, IF they knew about the possible environment damage, signed the lease anyway and then moved people in without doing due diligence in placing vulnerable and people with compromised health issues in there. Anyone who has involvement with people placed in these types of homes might consider doing Freedom of Information requests for things like environmental assessments, dated prior to residency. How about Worksafe & Licensing investigations? These are all available and should be free to families who might want to ensure their loved ones are getting the best care possible.
Community Care Facilities
Adult Care Regulations
The adult care regulations protect seniors and people with disabilities in licensed group homes and residential care facilities by ensuring operators meet operating, management and health and safety requirements. The current regulations can be viewed at:
http://www.qp.gov.bc.ca/statreg/reg/C/CommuCareAssisted/536_80.htm
Community Care and Assisted Living Act [SBC 2002]
Assisted living registrar
24 (1) The minister must designate a person to be the assisted living registrar.
(2) The registrar may delegate, in writing, any power or duty of the registrar under this Act to a person who, in the opinion of the registrar, possesses the experience and qualifications suitable to carry out the tasks as delegated.
(3) A delegation under subsection (2) may include any terms or conditions the registrar considers advisable.
http://www.qp.gov.bc.ca/statreg/stat/C/02075_01.htm#section24
I think it's the Registrar who you are supposed to make quality of care complaints to about care problems in group homes funded by CLBC, which qualify as assisted living residences, or community care facilities:
"assisted living residence" means a premises or part of a premises, other than a community care facility,
(a) in which housing, hospitality services and at least one but not more than 2 prescribed services are provided by or through the operator to 3 or more adults who are not related by blood or marriage to the operator of the premises, or
(b) designated by the Lieutenant Governor in Council to be an assisted living residence;
"community care facility" means a premises or part of a premises
(a) in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, or
(b) designated by the Lieutenant Governor in Council to be a community care facility;
http://www.qp.gov.bc.ca/statreg/stat/C/02075_01.htm#section1
****************
Read the MAPCL 2006 - 2007 Annual Report for details about their financial statements.
Interesting to read the Auditor’s report too, it sounds as though they aren't entirely sure about some of the paperwork, but nothing is untoward.
MAPCL received quite a boost for revenue from MCFD/CLBC from 2006 to 2007: $25,719,126, but their entire revenue was $27,830,208.
Wonder where the “Other” revenue comes from?
Pg 27 Under Operations Activities it notes that MAPCL had a surplus of revenue after expenses in the amount of $551, 118 in the 2007 fiscal statement. I thought non-profits to make profits? Wonder if there were any performance bonuses for managers?
http://www.mapcl.org/MAPCL-download/Annual-Report-2007/MAPCL%20Annual%20Report%2006-07.pdf
**********************
Group home's past use as grow-op alarms mother
Blind, autistic man's family fights to get him moved for his health and safety
Tuesday, April 8, 2008 | CBC News
Excerpts:
The mother of a legally blind, autistic man is worried about his health and wants him out of the B.C. group home he lives in, partly because the house was previously used as a marijuana grow-operation.
Not tested for grow-op damage
Fournier said MAPCL did not get an environmental assessment done, even after it learned of the home's history in November 2007.
"In this case, we are happy that you brought it to our attention," Fournier said. "We are going to remedy the situation. As far as inspections are concerned — that hasn't been as successful as we would have hoped."
Mancinelli said she has found another suitable home for Jeffrey, where he can have his outdoor trampoline, but the Crown corporation that holds the purse strings has refused to move him. She said Community Living B.C. (CLBC) told her Jeffrey could not be moved, despite her concerns, because his funding is "attached" to his current group home.
Ultimately though, the BC government is responsible, the buck stops there. They can "devolve" and privatize as much as they want, when the United Nations is knocking on the door, it will be the door of the BC government they are knocking on for answers. And when the world's media is here in 2010, this will all make great coverage, the billions spent on a 10 day party when the entire social safety net has been torn apart and this is but one example of many.
Complaints Resolution Process
The CLBC Complaints Resolution Process clarifies what recourse individuals and families have when they are dissatisfied with a service provided by CLBC or disagree with a decision made by a CLBC staff member.
*****************
Maybe some of the media can talk about some of the other issues in group homes in the sector... residents being given wrong medications, unsafe vehicles, the hiring of untrained, sometimes unskilled workers. How about physical, financial and even sexual abuse that goes unreported. Inadequate staffing, warehousing and parking residents in front of TV's for hours. Anyone who's worked in the sector has seen something awry at some point in time, but, who do you report it to so that conditions are investigated? To the agency? Who needs the funding. Notice the article reported "his funding is "attached" to his current group home." This agency is paid BIG money for an individual, such as in this story. These houses are big business and they need to protect their funding (profits) and their source of funding (CLBC). I'm sure this agency got a good deal on their lease. At the very least, a full environmental assessment should be made prior to placing anyone there, or having staff work in the environment. But I guess the real story is whether the agency incurs any liability IF and this important, IF they knew about the possible environment damage, signed the lease anyway and then moved people in without doing due diligence in placing vulnerable and people with compromised health issues in there. Anyone who has involvement with people placed in these types of homes might consider doing Freedom of Information requests for things like environmental assessments, dated prior to residency. How about Worksafe & Licensing investigations? These are all available and should be free to families who might want to ensure their loved ones are getting the best care possible.
Community Care Facilities
Adult Care Regulations
The adult care regulations protect seniors and people with disabilities in licensed group homes and residential care facilities by ensuring operators meet operating, management and health and safety requirements. The current regulations can be viewed at:
http://www.qp.gov.bc.ca/statreg/reg/C/CommuCareAssisted/536_80.htm
Community Care and Assisted Living Act [SBC 2002]
Assisted living registrar
24 (1) The minister must designate a person to be the assisted living registrar.
(2) The registrar may delegate, in writing, any power or duty of the registrar under this Act to a person who, in the opinion of the registrar, possesses the experience and qualifications suitable to carry out the tasks as delegated.
(3) A delegation under subsection (2) may include any terms or conditions the registrar considers advisable.
http://www.qp.gov.bc.ca/statreg/stat/C/02075_01.htm#section24
I think it's the Registrar who you are supposed to make quality of care complaints to about care problems in group homes funded by CLBC, which qualify as assisted living residences, or community care facilities:
"assisted living residence" means a premises or part of a premises, other than a community care facility,
(a) in which housing, hospitality services and at least one but not more than 2 prescribed services are provided by or through the operator to 3 or more adults who are not related by blood or marriage to the operator of the premises, or
(b) designated by the Lieutenant Governor in Council to be an assisted living residence;
"community care facility" means a premises or part of a premises
(a) in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, or
(b) designated by the Lieutenant Governor in Council to be a community care facility;
http://www.qp.gov.bc.ca/statreg/stat/C/02075_01.htm#section1
****************
Read the MAPCL 2006 - 2007 Annual Report for details about their financial statements.
Interesting to read the Auditor’s report too, it sounds as though they aren't entirely sure about some of the paperwork, but nothing is untoward.
MAPCL received quite a boost for revenue from MCFD/CLBC from 2006 to 2007: $25,719,126, but their entire revenue was $27,830,208.
Wonder where the “Other” revenue comes from?
Pg 27 Under Operations Activities it notes that MAPCL had a surplus of revenue after expenses in the amount of $551, 118 in the 2007 fiscal statement. I thought non-profits to make profits? Wonder if there were any performance bonuses for managers?
http://www.mapcl.org/MAPCL-download/Annual-Report-2007/MAPCL%20Annual%20Report%2006-07.pdf
**********************
Group home's past use as grow-op alarms mother
Blind, autistic man's family fights to get him moved for his health and safety
Tuesday, April 8, 2008 | CBC News
Excerpts:
The mother of a legally blind, autistic man is worried about his health and wants him out of the B.C. group home he lives in, partly because the house was previously used as a marijuana grow-operation.
Not tested for grow-op damage
Fournier said MAPCL did not get an environmental assessment done, even after it learned of the home's history in November 2007.
"In this case, we are happy that you brought it to our attention," Fournier said. "We are going to remedy the situation. As far as inspections are concerned — that hasn't been as successful as we would have hoped."
Mancinelli said she has found another suitable home for Jeffrey, where he can have his outdoor trampoline, but the Crown corporation that holds the purse strings has refused to move him. She said Community Living B.C. (CLBC) told her Jeffrey could not be moved, despite her concerns, because his funding is "attached" to his current group home.
Friday, April 4, 2008
The Plot Thickens...
Prosecutor right to keep Les investigation quiet: former ombudsman
03/04/2008 5:19:17 PM
MSN News: BC, With files from the Canadian Press.
Excerpts:
Former B.C. ombudsman Stephen Owen says justice authorities did the right thing by not informing the public that then solicitor general John Les was under investigation since June 2007.
Questions remain over land deal
Meanwhile, neither the RCMP nor the special prosecutor have revealed any more details about the investigation.
There is still no official word on what Les is under investigation for, but local residents and real estate agents have confirmed to CBC that they were questioned about the Rosebank subdivision that Les developed when he was mayor of Chilliwack.
What remains unclear is how the former mayor was able to subdivide the plot of agricultural land in the Fraser Valley municipality when its previous owners had repeatedly failed to do so.
The CBC has learned the decision was left to a single bureaucrat who was under no obligation to answer to Chilliwack city council or anyone else.
Willy Rasmussen told CBC his parents wanted to move a boundary line on their Chilliwack farm in the late 1980s so they could retire on two acres and sell off the rest, but the provincial Agricultural Land Commission repeatedly told them they couldn't.
A few years later, Les bought part of the same land and subdivided it almost immediately and sold it off as developable lots.
But CBC news has learned that rather than trying to pull the land out of the Agricultural Land Reserve, a provincial zone in which agriculture is recognized as the priority use, Les, the mayor of Chilliwack at the time, took his application to city hall instead.
That application ended up in front of Grant Sanborn, the city's approving officer, who had the discretion to approve boundary adjustments while leaving the land inside the Agricultural Land Reserve.
Current Chilliwack mayor Clint Hames won't comment on the Les investigation, but he said the approving officer is kept at arm's length from the mayor and council to steer clear of political interference.
At the same time, Hames said, " the approving officer is not accountable to ... essentially, anyone."
The CBC has also learned Sanborn has since been "separated from his employment" with the City of Chilliwack. Sanborn refused to comment on any of the issues when contacted by the CBC.
*****************************
The RCMP would have to find direct evidence of some sort of criminal wrongdoing (such as a bribe, or some material benefit) to lead to any sort of recommendation of charges against anyone. I think this will be a difficult case to find such evidence. Regular folks often experience the barriers of their own applications to councils and such, but then local business and political elites turn around and obtain approval for the same applications (such as in this case), but unless there is some sort of "smoking gun" (ie. paper trails and witnesses) it's really difficult to prove allegations of influence peddling and wrongdoing. This is where whistleblowers prove an important mechanism for truth and justice for all of us. I'm willing to bet that there are a few people in Chilliwack who have evidence of wrongdoing and I hope they do the right thing and stand up for all of us. Also, the Criminal Justice Branch would have to decide if proceeding with charges is in the interests of the public (why & how) and if there is a substantial likelihood of conviction based on the evidence gathered. Should be an interesting case to follow, although I suspect it will drop off the radar soon as the investigation continues.
I think the general public would be surprised how common it is for people in different levels of government to be completely without accountability mechanisms governing their authority and decision-making. Also, a lack of regulatory bodies, or oversight. Gotta love neo-conservatives ideology of globalization. Hey, it works for those who can line their pockets, but not the rest of us,
but who cares about us anyways.
03/04/2008 5:19:17 PM
MSN News: BC, With files from the Canadian Press.
Excerpts:
Former B.C. ombudsman Stephen Owen says justice authorities did the right thing by not informing the public that then solicitor general John Les was under investigation since June 2007.
Questions remain over land deal
Meanwhile, neither the RCMP nor the special prosecutor have revealed any more details about the investigation.
There is still no official word on what Les is under investigation for, but local residents and real estate agents have confirmed to CBC that they were questioned about the Rosebank subdivision that Les developed when he was mayor of Chilliwack.
What remains unclear is how the former mayor was able to subdivide the plot of agricultural land in the Fraser Valley municipality when its previous owners had repeatedly failed to do so.
The CBC has learned the decision was left to a single bureaucrat who was under no obligation to answer to Chilliwack city council or anyone else.
Willy Rasmussen told CBC his parents wanted to move a boundary line on their Chilliwack farm in the late 1980s so they could retire on two acres and sell off the rest, but the provincial Agricultural Land Commission repeatedly told them they couldn't.
A few years later, Les bought part of the same land and subdivided it almost immediately and sold it off as developable lots.
But CBC news has learned that rather than trying to pull the land out of the Agricultural Land Reserve, a provincial zone in which agriculture is recognized as the priority use, Les, the mayor of Chilliwack at the time, took his application to city hall instead.
That application ended up in front of Grant Sanborn, the city's approving officer, who had the discretion to approve boundary adjustments while leaving the land inside the Agricultural Land Reserve.
Current Chilliwack mayor Clint Hames won't comment on the Les investigation, but he said the approving officer is kept at arm's length from the mayor and council to steer clear of political interference.
At the same time, Hames said, " the approving officer is not accountable to ... essentially, anyone."
The CBC has also learned Sanborn has since been "separated from his employment" with the City of Chilliwack. Sanborn refused to comment on any of the issues when contacted by the CBC.
*****************************
The RCMP would have to find direct evidence of some sort of criminal wrongdoing (such as a bribe, or some material benefit) to lead to any sort of recommendation of charges against anyone. I think this will be a difficult case to find such evidence. Regular folks often experience the barriers of their own applications to councils and such, but then local business and political elites turn around and obtain approval for the same applications (such as in this case), but unless there is some sort of "smoking gun" (ie. paper trails and witnesses) it's really difficult to prove allegations of influence peddling and wrongdoing. This is where whistleblowers prove an important mechanism for truth and justice for all of us. I'm willing to bet that there are a few people in Chilliwack who have evidence of wrongdoing and I hope they do the right thing and stand up for all of us. Also, the Criminal Justice Branch would have to decide if proceeding with charges is in the interests of the public (why & how) and if there is a substantial likelihood of conviction based on the evidence gathered. Should be an interesting case to follow, although I suspect it will drop off the radar soon as the investigation continues.
I think the general public would be surprised how common it is for people in different levels of government to be completely without accountability mechanisms governing their authority and decision-making. Also, a lack of regulatory bodies, or oversight. Gotta love neo-conservatives ideology of globalization. Hey, it works for those who can line their pockets, but not the rest of us,
but who cares about us anyways.
Thursday, April 3, 2008
Welcome to the Club: Disappointed Whistleblowers Anonymous
Whistle blower in Frank Paul inquiry feels disappointed
Vancouver/CKNW(AM980) 4/2/2008
Disappointed. That's how the man who blew the whistle on the alleged cover-up of Frank Paul’s death says he feels after learning Vancouver police accused him of being a liar.
Dana Urban was the former counsel for the office of the police complaint commission who helped investigate the 1998 freezing death of the aboriginal man in a Vancouver alley. He denies VPD claims he 'manufactured' evidence to ensure a public inquiry would go ahead. "
At the very least...disappointed to hear that they've said that. I've been at this business for 33 years and I’ve been called many things, but one thing that I’ve never been called is dishonest or has it ever been suggested that I’ve manufactured evidence."
Urban --who currently works as an international prosecutor against war criminals-- says he was surprised by a lack of interest in the file from former OPCC commissioner Don Morrison...who told him he didn't want to ruin the career of constable David Instant...the young officer who left Paul in the alley.
He also claims the police version of events do not match up with forensic evidence collected by the coroner's office.
*******************************
Yes, it makes so much sense to protect the career of a young White cop versus find the truth in the death of a disabled, homeless Native man. At least it makes sense if you are White powerful men, who gives a rat's about anyone else but your homeys. Institutionalized racism at it's best.
Mr. Urban, you are to be applauded for standing up for what's right, as disappointing and ugly as the backlash is. It just reinforces what so many know, the Vancouver Police Department is a joke, as are so many of the other police forces. The leadership of these organizations would be very smart if they stopped the insularity, the secrecy and did fair investigations into misconduct & then took swift action to remove these elements from your organizations. You cannot afford to continue to turn a blind eye, nor walk away from justice to protect employees who will cause nothing but problems & bad optics for your police organizations. You also end up paying the price by allowing internal bullying from staff to staff. All of it continues to give police organizations a bad image & name, because its the actions of those in power in dealing with the most vulnerable and marginalized citizens in our society that speak so much louder than any of the other stuff cops do to gain positive media attention these days.
*****************
Police complaint commissioner protected officer, inquiry hears
Gerry Bellett, Vancouver Sun
Published: Wednesday, April 02, 2008
VANCOUVER - Former police complaint commissioner Don Morrison refused to order a public hearing into the death of Frank Paul because he wanted to save the career of the young police officer who had dumped Paul in a cold and wet alley where he died of exposure, former commission counsel Dana Urban testified today.
Urban was testifying at the public inquiry into Paul's death after flying in to Vancouver from Sri Lanka where he is Canada's representative on an international body attempting to persuade the Sri Lankan government to comply with international standards for the investigation and prosecution of persons responsible for the murders of 78,000 civilians during the past 18 years.
Paul, an Aboriginal from New Brunswick, was arrested for being drunk in December, 1998, but he was refused entry in the Vancouver police jail.
A video taken at the cells shows him being dragged in and out of jail in an insensible state. He was then driven by Const. David Instant, a young and inexperienced officer, to an alley where he found dead some hours later.
Urban's testimony had been eagerly awaited by Paul's family.
Paul's cousin Peggy Clement made the journey from New Brunswick to Vancouver to be present for Urban's testimony.
She credited Urban's dogged efforts to get to the truth of what had happened to her cousin and how he was treated by the Vancouver police the night of his death, as being the main reason behind the public inquiry being held.
"Dana's testimony is so important for the family because for two years we believed what we were told [by a Vancouver police officer] that Frank had died as the result of a hit and run. He [Urban] contacted us and told us what happened. If it had not been for Dana we would never get to the truth," she said.
© Vancouver Sun
Vancouver/CKNW(AM980) 4/2/2008
Disappointed. That's how the man who blew the whistle on the alleged cover-up of Frank Paul’s death says he feels after learning Vancouver police accused him of being a liar.
Dana Urban was the former counsel for the office of the police complaint commission who helped investigate the 1998 freezing death of the aboriginal man in a Vancouver alley. He denies VPD claims he 'manufactured' evidence to ensure a public inquiry would go ahead. "
At the very least...disappointed to hear that they've said that. I've been at this business for 33 years and I’ve been called many things, but one thing that I’ve never been called is dishonest or has it ever been suggested that I’ve manufactured evidence."
Urban --who currently works as an international prosecutor against war criminals-- says he was surprised by a lack of interest in the file from former OPCC commissioner Don Morrison...who told him he didn't want to ruin the career of constable David Instant...the young officer who left Paul in the alley.
He also claims the police version of events do not match up with forensic evidence collected by the coroner's office.
*******************************
Yes, it makes so much sense to protect the career of a young White cop versus find the truth in the death of a disabled, homeless Native man. At least it makes sense if you are White powerful men, who gives a rat's about anyone else but your homeys. Institutionalized racism at it's best.
Mr. Urban, you are to be applauded for standing up for what's right, as disappointing and ugly as the backlash is. It just reinforces what so many know, the Vancouver Police Department is a joke, as are so many of the other police forces. The leadership of these organizations would be very smart if they stopped the insularity, the secrecy and did fair investigations into misconduct & then took swift action to remove these elements from your organizations. You cannot afford to continue to turn a blind eye, nor walk away from justice to protect employees who will cause nothing but problems & bad optics for your police organizations. You also end up paying the price by allowing internal bullying from staff to staff. All of it continues to give police organizations a bad image & name, because its the actions of those in power in dealing with the most vulnerable and marginalized citizens in our society that speak so much louder than any of the other stuff cops do to gain positive media attention these days.
*****************
Police complaint commissioner protected officer, inquiry hears
Gerry Bellett, Vancouver Sun
Published: Wednesday, April 02, 2008
VANCOUVER - Former police complaint commissioner Don Morrison refused to order a public hearing into the death of Frank Paul because he wanted to save the career of the young police officer who had dumped Paul in a cold and wet alley where he died of exposure, former commission counsel Dana Urban testified today.
Urban was testifying at the public inquiry into Paul's death after flying in to Vancouver from Sri Lanka where he is Canada's representative on an international body attempting to persuade the Sri Lankan government to comply with international standards for the investigation and prosecution of persons responsible for the murders of 78,000 civilians during the past 18 years.
Paul, an Aboriginal from New Brunswick, was arrested for being drunk in December, 1998, but he was refused entry in the Vancouver police jail.
A video taken at the cells shows him being dragged in and out of jail in an insensible state. He was then driven by Const. David Instant, a young and inexperienced officer, to an alley where he found dead some hours later.
Urban's testimony had been eagerly awaited by Paul's family.
Paul's cousin Peggy Clement made the journey from New Brunswick to Vancouver to be present for Urban's testimony.
She credited Urban's dogged efforts to get to the truth of what had happened to her cousin and how he was treated by the Vancouver police the night of his death, as being the main reason behind the public inquiry being held.
"Dana's testimony is so important for the family because for two years we believed what we were told [by a Vancouver police officer] that Frank had died as the result of a hit and run. He [Urban] contacted us and told us what happened. If it had not been for Dana we would never get to the truth," she said.
© Vancouver Sun
Tuesday, April 1, 2008
Football Pool: How many RCMP Investigations & Special Prosecutors will be appointed to investigate the BC Liberals while they are in power in BC?
Of all the backbenchers & caucas members Gordon Campbell & his BC Liberal backroomers could appoint as Solicitor General to replace John Les, who is now currently under investigation by the RCMP, they chose John van Dongen??? Has the world gone mad? Or at least the BC Liberals?
I'm quite sure Mr. van Dongen was found innocent of any allegations of wrongdoing, or, we at the very least we haven't heard anything further from the RCMP, or the Special Prosecuter appointed in his case, but C'MON!!!!! What is wrong with these people? Here is a link to the entire BC Liberal caucas, many of whom have never been investigated by the RCMP for interference in a RCMP investigation, or perhaps for any other reason. Can anyone keep count of all of the special investigations, Special Prosecutors appointed, how many BC Liberal Ministers have resigned under this government, some to be resurrected a little while later by the party (Hogg, Clark, Ferrell-Collins, van Dongen, Les). This appointment defies logic and reason and is continuing a long fact pattern of why Gordon Campbell & his BC Liberals are done in this province. The citizens of BC will not tolerate this malignant blight on our beautiful province any longer.
************************
Police investigate B.C. cabinet minister
Last Updated: Tuesday, January 28, 2003 4:13 AM ET CBC News
B.C. Fisheries Minister John van Dongen is out of the cabinet and being investigated by police. He said he was told the investigation involves his handling of an aquaculture file.
Van Dongen called reporters to his office Monday afternoon to make the announcement.
"I am stepping aside as minister due to a police investigation now under way. I was advised last night by the premier, who was informed by the attorney general that a special prosecutor will be appointed."
The former minister said, "I feel it is incumbent on me to step aside from my cabinet portfolio until this matter is resolved."
He said the police investigation involves an aquaculture file he handled in the fall of 2001, but said he cannot comment further.
"I was generally aware of a police investigation within the ministry. I was not aware until last night that I was personally under investigation," he said.
Van Dongen was first elected for the Liberals in a byelection in 1995. He since won re-election in the 1996 and 2001 general elections.
He was appointed to his present job as minister of agriculture, food and fisheries when the Liberals formed a government in June 2001.
The low-key van Dongen's most controversial file was his decision last year to lift the provincial moratorium on new salmon farm licences.
*****************
CBC request for documents prompted RCMP investigation into B.C. cabinet ministerLast Updated: Tuesday, February 4, 2003 6:39 AM ET CBC News
Excerpt:
New details have emerged about the British Columbia fisheries minister who was forced to step down last week because of an RCMP investigation.
The police became involved in the case after CBC News: Disclosure requested government documents detailing John van Dongen's handling of a controversial fish farm file. It started two summers ago, when 30,000 Atlantic salmon escaped from a fish farm owned by the powerful Stolt Sea Farms. Van Dongen's department looked into the escape and cleared the company of any wrongdoing.
But B.C. Environment officials didn't let it drop. They opened their own investigation to see whether Stolt could be punished under the tougher federal Fisheries Act, claiming Atlantic salmon pose a threat to the fragile Pacific salmon stocks. That triggered a conflict with the B.C. Fisheries Department, and its minister.
The lead investigator into the escape wrote in an e-mail: "a great deal of discussion is continuing at John van Dongen's level regarding the follow-up investigation..." He adds "criticism of our action" is coming from Stolt (Sea Farms) and B.C. Fisheries (Department)."
In spite of criticism B.C. Environment officials recommended charges be laid.
Stolt's vice-president phoned the lead investigator and made it clear he knew the details of the confidential case. Sources have told CBC News it was van Dongen who tipped off Stolt.
While the environment officials considered their next move, a top official in van Dongen's department wrote a confidential memo noting the salmon farms were "a key ministerial priority" and that laying charges would be "sending conflicting messages to the industry," creating "negative impacts."
Van Dongen suggested this memo be forwarded to the premier's office. So did Stan Hagen, who has since replaced van Dongen as fisheries minister.
But B.C. Premier Gordon Campbell denies he ever saw the memo.
The investigation against Stolt Sea Farms was then quietly closed. The lead investigator wrote that the investigation has been significantly compromised, and justice has not been served. However the RCMP investigation into van Dongen continues.
I'm quite sure Mr. van Dongen was found innocent of any allegations of wrongdoing, or, we at the very least we haven't heard anything further from the RCMP, or the Special Prosecuter appointed in his case, but C'MON!!!!! What is wrong with these people? Here is a link to the entire BC Liberal caucas, many of whom have never been investigated by the RCMP for interference in a RCMP investigation, or perhaps for any other reason. Can anyone keep count of all of the special investigations, Special Prosecutors appointed, how many BC Liberal Ministers have resigned under this government, some to be resurrected a little while later by the party (Hogg, Clark, Ferrell-Collins, van Dongen, Les). This appointment defies logic and reason and is continuing a long fact pattern of why Gordon Campbell & his BC Liberals are done in this province. The citizens of BC will not tolerate this malignant blight on our beautiful province any longer.
************************
Police investigate B.C. cabinet minister
Last Updated: Tuesday, January 28, 2003 4:13 AM ET CBC News
B.C. Fisheries Minister John van Dongen is out of the cabinet and being investigated by police. He said he was told the investigation involves his handling of an aquaculture file.
Van Dongen called reporters to his office Monday afternoon to make the announcement.
"I am stepping aside as minister due to a police investigation now under way. I was advised last night by the premier, who was informed by the attorney general that a special prosecutor will be appointed."
The former minister said, "I feel it is incumbent on me to step aside from my cabinet portfolio until this matter is resolved."
He said the police investigation involves an aquaculture file he handled in the fall of 2001, but said he cannot comment further.
"I was generally aware of a police investigation within the ministry. I was not aware until last night that I was personally under investigation," he said.
Van Dongen was first elected for the Liberals in a byelection in 1995. He since won re-election in the 1996 and 2001 general elections.
He was appointed to his present job as minister of agriculture, food and fisheries when the Liberals formed a government in June 2001.
The low-key van Dongen's most controversial file was his decision last year to lift the provincial moratorium on new salmon farm licences.
*****************
CBC request for documents prompted RCMP investigation into B.C. cabinet ministerLast Updated: Tuesday, February 4, 2003 6:39 AM ET CBC News
Excerpt:
New details have emerged about the British Columbia fisheries minister who was forced to step down last week because of an RCMP investigation.
The police became involved in the case after CBC News: Disclosure requested government documents detailing John van Dongen's handling of a controversial fish farm file. It started two summers ago, when 30,000 Atlantic salmon escaped from a fish farm owned by the powerful Stolt Sea Farms. Van Dongen's department looked into the escape and cleared the company of any wrongdoing.
But B.C. Environment officials didn't let it drop. They opened their own investigation to see whether Stolt could be punished under the tougher federal Fisheries Act, claiming Atlantic salmon pose a threat to the fragile Pacific salmon stocks. That triggered a conflict with the B.C. Fisheries Department, and its minister.
The lead investigator into the escape wrote in an e-mail: "a great deal of discussion is continuing at John van Dongen's level regarding the follow-up investigation..." He adds "criticism of our action" is coming from Stolt (Sea Farms) and B.C. Fisheries (Department)."
In spite of criticism B.C. Environment officials recommended charges be laid.
Stolt's vice-president phoned the lead investigator and made it clear he knew the details of the confidential case. Sources have told CBC News it was van Dongen who tipped off Stolt.
While the environment officials considered their next move, a top official in van Dongen's department wrote a confidential memo noting the salmon farms were "a key ministerial priority" and that laying charges would be "sending conflicting messages to the industry," creating "negative impacts."
Van Dongen suggested this memo be forwarded to the premier's office. So did Stan Hagen, who has since replaced van Dongen as fisheries minister.
But B.C. Premier Gordon Campbell denies he ever saw the memo.
The investigation against Stolt Sea Farms was then quietly closed. The lead investigator wrote that the investigation has been significantly compromised, and justice has not been served. However the RCMP investigation into van Dongen continues.
Reform of BC's Criminal Justice System
More laughable comments from the Right Honourable Wally Oppal (or is that "Stonewally) from
this CBC Story:
Former B.C. solicitor general's brothers deny misconduct allegations
Opposition hammers government on why senior officials weren't told of RCMP probe into land transactions
Last Updated: Tuesday, April 1, 2008 1:40 AM ET
CBC News
But Attorney General Wally Oppal, who's assuming the duties of the solicitor general, said Monday that by law the justice branch had no obligation to reveal such information earlier or it could have compromised the integrity of the investigation.
'Our system … separates the political arm and political considerations from the independence that is required to investigate and prosecute cases.'— B.C. Attorney General Wally Oppal
"Our system is regarded as one of the best in the world in that it separates the political arm and political considerations from the independence that is required to investigate and prosecute cases," Oppal said.
************************************
Well, if one examines the kind of shenanigans and outright deception & poor practices of the province's legal team in the Legislature Raids (aka Basi-Virk trial), Mr. Oppal's statement flies in
the face of reasonability & reality. Also, sufficient concern about decision-making of the Vancouver Crown Prosecuter's office/ Criminal Justice Branch has been made in the Frank Paul inquiry that the the sitting commissioner is ordering those responsible for the decisions to appear before the inquiry, which they are fighting tooth & nail. There is very, very little, if any accountability & transparency built into the entire decision-making process of the Criminal Justice Branch. One need only look at Ken Dobell's situation as well. To recap, a government appointed Special Prosecuter advised that although it was the Crown's supposition that Dobell's actions would likely meet the grounds for a substantial likelihood of conviction for influence peddling (the gate post for criminal charges going ahead), instead, with no explanation, transparency, or accountability, instead, Mr. Dobell (don't forget Gordon Campbell's right-hand man) gets to plead guilty under the Lobby Registry Act & pay back the $$$ he was paid by our tax money and receives an Absolute Discharge & some comments by the presiding judge about the triviality of the case and how it might impact the public. If these are the attitudes of those in the Criminal Justice Branch (from the Special Prosecuter, Crown & Judiciary) in this one case, then clearly our justice system has significant enough problems when viewed in their entirety that there should be some sort of inquiry into the practice, conduct & accountability of the entire justice system in BC. These aren't trivial matters and people on the street (AKA the electorate) get it... there is a different sort of justice & applications of the law for rich, white political insiders & friends of Gordon Campbell, than for everyone else. The irony of Mr. Oppal, a man called to the bar, a former Judge of good standing & respected by many and a man of colour to now be called on to make excuses for the abject failure & disingenuous (& perhaps negligent) nature of justice in BC cannot be ignored. What price to maintain political power & clout? What price infamy & a loss of respect & dignity & democracy in a province & for the people? In a fair & civil society, justice is meted out to all. I would think that this would be the worldview shared by someone as esteemed as Mr. Oppal. One only hopes he wakes up, smells the rancid coffee & starts to do the right thing.
Believe me, if the top Judge & now Cop in the province stands up for all of us, Campbell would be helpless in the face of that. Do the right thing while you can, Mr. Oppal. Since you now hold an immense level of power & control, we call on you to introduce reforms & offer an amnesty to all who will come forward to blow the whistle on corruption, mismanagement & a lack of accountability in BC's Criminal Justice system.
*************************************
Oppal says BC's special prosecutor system is working as it should
Mar, 31 2008 - 3:20 PM
VANCOUVER/CKNW(AM980) - Attorney-general Wally Oppal says BC's special prosecutor system is working as it should, even though John Les continued in his job as solicitor-general for nine months after a special prosecutor was appointed to look into his activities.
"I recognize the concerns that all of you have, and that is the spectre of the solicitor-general being under investigation but keep in mind the solicitor-general does not, cannot and must not get involved in any investigation, he has no role to play in any particular investigation and I think the public needs to understand that."
Oppal defends the policy of the criminal justice branch to only disclose information about special prosecutors when the media starts asking questions.
***********************************
More unbelievable statements from the Honourable Mr. Oppal. The Frank Paul inquiry has heard allegations that Rich Coleman, in his role as Minister of Soliciter-General refused to authorize an inquiry into the actions of members of the Vancouver Police Department & whether they contributed to the untimely death of a citizen, namely Mr. Frank Paul. One wonders how alleged Ministerial decision-making and using one's role as Soliciter General to deny an inquiry could be viewed as anything but interference & use of Ministerial power to influence justice for a citizen of BC, as Mr. Paul was?
From Hansard:
BC Legislature - TUESDAY, MARCH 23, 2004
CALL FOR PUBLIC INQUIRY INTO CASE OF FRANK PAUL
J. Kwan: On December 20, 2001, the Solicitor General rejected a request from the independent police complaint commissioner to hold a coroner's inquest into the death of Frank Paul. Why? Because he was worried that it might bring up charges of racial discrimination. God forbid that we discuss racial discrimination in the case of an aboriginal man left to die on the streets of Vancouver by the Vancouver police.
At the time it was the Attorney General, not the Solicitor General, who had the power to act on the police complaint commissioner's recommendation. But the Solicitor General blocked the recommendation, saying that he was concerned that the issues "of racial discrimination are likely to become the central features." Did the Attorney General agree with his colleague's rationale for blocking the coroner's request?
Hon. G. Plant: The Solicitor General is the minister responsible for the Police Act and for any of the provisions under that act that are of interest to the member.
Mr. Speaker: The member for Vancouver “Mount Pleasant has a supplementary question.
J. Kwan: This is a serious matter. A man was left to die in the streets of Vancouver, and the Attorney General was in charge at the time, when the recommendation was made to him. He passed the buck then, and he's passing the buck now.
Since the Solicitor General denied this request, a new independent police complaint commissioner has now asked that a public inquiry be held based on new evidence and new witnesses. The new commissioner points out that the case of Frank Paul is not an isolated incident, citing the Stonechild inquiry in Saskatoon.
"Not my problems anymore," says the Attorney General. "I handed over responsibilities for this to the Solicitor General two weeks ago in cabinet through an OIC."
Read much more about this case:
http://www.turtleisland.org/news/frankpaul.htm
this CBC Story:
Former B.C. solicitor general's brothers deny misconduct allegations
Opposition hammers government on why senior officials weren't told of RCMP probe into land transactions
Last Updated: Tuesday, April 1, 2008 1:40 AM ET
CBC News
But Attorney General Wally Oppal, who's assuming the duties of the solicitor general, said Monday that by law the justice branch had no obligation to reveal such information earlier or it could have compromised the integrity of the investigation.
'Our system … separates the political arm and political considerations from the independence that is required to investigate and prosecute cases.'— B.C. Attorney General Wally Oppal
"Our system is regarded as one of the best in the world in that it separates the political arm and political considerations from the independence that is required to investigate and prosecute cases," Oppal said.
************************************
Well, if one examines the kind of shenanigans and outright deception & poor practices of the province's legal team in the Legislature Raids (aka Basi-Virk trial), Mr. Oppal's statement flies in
the face of reasonability & reality. Also, sufficient concern about decision-making of the Vancouver Crown Prosecuter's office/ Criminal Justice Branch has been made in the Frank Paul inquiry that the the sitting commissioner is ordering those responsible for the decisions to appear before the inquiry, which they are fighting tooth & nail. There is very, very little, if any accountability & transparency built into the entire decision-making process of the Criminal Justice Branch. One need only look at Ken Dobell's situation as well. To recap, a government appointed Special Prosecuter advised that although it was the Crown's supposition that Dobell's actions would likely meet the grounds for a substantial likelihood of conviction for influence peddling (the gate post for criminal charges going ahead), instead, with no explanation, transparency, or accountability, instead, Mr. Dobell (don't forget Gordon Campbell's right-hand man) gets to plead guilty under the Lobby Registry Act & pay back the $$$ he was paid by our tax money and receives an Absolute Discharge & some comments by the presiding judge about the triviality of the case and how it might impact the public. If these are the attitudes of those in the Criminal Justice Branch (from the Special Prosecuter, Crown & Judiciary) in this one case, then clearly our justice system has significant enough problems when viewed in their entirety that there should be some sort of inquiry into the practice, conduct & accountability of the entire justice system in BC. These aren't trivial matters and people on the street (AKA the electorate) get it... there is a different sort of justice & applications of the law for rich, white political insiders & friends of Gordon Campbell, than for everyone else. The irony of Mr. Oppal, a man called to the bar, a former Judge of good standing & respected by many and a man of colour to now be called on to make excuses for the abject failure & disingenuous (& perhaps negligent) nature of justice in BC cannot be ignored. What price to maintain political power & clout? What price infamy & a loss of respect & dignity & democracy in a province & for the people? In a fair & civil society, justice is meted out to all. I would think that this would be the worldview shared by someone as esteemed as Mr. Oppal. One only hopes he wakes up, smells the rancid coffee & starts to do the right thing.
Believe me, if the top Judge & now Cop in the province stands up for all of us, Campbell would be helpless in the face of that. Do the right thing while you can, Mr. Oppal. Since you now hold an immense level of power & control, we call on you to introduce reforms & offer an amnesty to all who will come forward to blow the whistle on corruption, mismanagement & a lack of accountability in BC's Criminal Justice system.
*************************************
Oppal says BC's special prosecutor system is working as it should
Mar, 31 2008 - 3:20 PM
VANCOUVER/CKNW(AM980) - Attorney-general Wally Oppal says BC's special prosecutor system is working as it should, even though John Les continued in his job as solicitor-general for nine months after a special prosecutor was appointed to look into his activities.
"I recognize the concerns that all of you have, and that is the spectre of the solicitor-general being under investigation but keep in mind the solicitor-general does not, cannot and must not get involved in any investigation, he has no role to play in any particular investigation and I think the public needs to understand that."
Oppal defends the policy of the criminal justice branch to only disclose information about special prosecutors when the media starts asking questions.
***********************************
More unbelievable statements from the Honourable Mr. Oppal. The Frank Paul inquiry has heard allegations that Rich Coleman, in his role as Minister of Soliciter-General refused to authorize an inquiry into the actions of members of the Vancouver Police Department & whether they contributed to the untimely death of a citizen, namely Mr. Frank Paul. One wonders how alleged Ministerial decision-making and using one's role as Soliciter General to deny an inquiry could be viewed as anything but interference & use of Ministerial power to influence justice for a citizen of BC, as Mr. Paul was?
From Hansard:
BC Legislature - TUESDAY, MARCH 23, 2004
CALL FOR PUBLIC INQUIRY INTO CASE OF FRANK PAUL
J. Kwan: On December 20, 2001, the Solicitor General rejected a request from the independent police complaint commissioner to hold a coroner's inquest into the death of Frank Paul. Why? Because he was worried that it might bring up charges of racial discrimination. God forbid that we discuss racial discrimination in the case of an aboriginal man left to die on the streets of Vancouver by the Vancouver police.
At the time it was the Attorney General, not the Solicitor General, who had the power to act on the police complaint commissioner's recommendation. But the Solicitor General blocked the recommendation, saying that he was concerned that the issues "of racial discrimination are likely to become the central features." Did the Attorney General agree with his colleague's rationale for blocking the coroner's request?
Hon. G. Plant: The Solicitor General is the minister responsible for the Police Act and for any of the provisions under that act that are of interest to the member.
Mr. Speaker: The member for Vancouver “Mount Pleasant has a supplementary question.
J. Kwan: This is a serious matter. A man was left to die in the streets of Vancouver, and the Attorney General was in charge at the time, when the recommendation was made to him. He passed the buck then, and he's passing the buck now.
Since the Solicitor General denied this request, a new independent police complaint commissioner has now asked that a public inquiry be held based on new evidence and new witnesses. The new commissioner points out that the case of Frank Paul is not an isolated incident, citing the Stonechild inquiry in Saskatoon.
"Not my problems anymore," says the Attorney General. "I handed over responsibilities for this to the Solicitor General two weeks ago in cabinet through an OIC."
Read much more about this case:
http://www.turtleisland.org/news/frankpaul.htm
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