Tuesday, April 1, 2008

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.
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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.
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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.
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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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