VANCOUVER - Five years after ownership of BC Rail was transferred to CN Rail for $1 billion in the province's largest-ever privatization, the BC NDP is demanding that the BC Liberal government release the full text of the deal.
They also want to know whether CN has any plans to begin abandoning rail lines that it guaranteed would continue running until today.
July 14 marks the 5th anniversary of the BC Rail deal being implemented, following the announcement of its privatization sale to CN on November 25, 2003.
"This whole deal is tainted with scandal, tainted by a corruption trial," NDP MLA Leonard Krog told a news conference in Vancouver Tuesday morning.
Krog says that after five years, CN is now allowed to abandon rail lines previously run by BC Rail, which it had guaranteed to continue operating for a five-year term.
"I want to know what communities are impacted. I want to know CN's plans," Krog said. "If rail lines are abandoned the consequences could be devastating. Those communities deserve to know if they're on the hit list."
The full BC Rail deal agreement has never been released except in a highly-censored version first obtained in August 2004 in response to an NDP Freedom Of Information request. The text not severed shows that CN can stop service to portions of the rail line five years after the agreement was ratified on July 14, 2004.
Krog said Premier Gordon Campbell should release the full text and let the public know what might happen with the former BC Rail lines, but instead is more concerned with "ducking responsibility for the BC Rail corruption trial of former B.C. government aides David Basi, Bob Virk and Aneal Basi.
“If Gordon Campbell really cared about transparency, he would release the full B.C. Rail contract. Instead, his government continues to stonewall and refuses to answer even the most basic questions about the impact of this scandal for British Columbians,” said Krog.
When I asked if the NDP will request that CN release the full details if the BC Liberal government doesn't, Krog responded: "Excellent suggestion."
"But it's the premier's obligation to disclose this, not CN's - they're the purchaser," Krog added.
And in response to another question I posed - whether the NDP would consider suggestions by BC Rail deal bloggers that the party pursue a legal injunction to block the deal - Krog said it would be extremely difficult and expensive.
"You would have to have legal standing for an injunction. There would be a separate hearing, you would have to hire legal counsel," he said.
"The opposition is not in a position from a legal or financial aspect to bring about a private action," Krog concluded.
Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in Vancouver 24 hours. E-mail him at weststar@telus.net or visit his blog at billtieleman.blogspot.com.


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BC Mary
2 years ago
I am the blogger who pushed hard for an injunction
Quote from Bill's column:
"And in response to another question I posed - whether the NDP would consider suggestions by BC Rail deal bloggers that the party pursue a legal injunction to block the deal - Krog said it would be extremely difficult and expensive.
"You would have to have legal standing for an injunction. There would be a separate hearing, you would have to hire legal counsel," he said.
"The opposition is not in a position from a legal or financial aspect to bring about a private action," Krog concluded."
_______________________________________________________
Since I am the blogger who pushed hard for an injunction [Kootcoot is the blogger who originally suggested it ... Koot, a thinker, has been banned from The Tyee], I'd like to speak to Mr Krog's assertions.
First of all, he made no response to our e.mails. Our position was that we felt we could prevent the damage expected when the 5th anniversary of the BCRail-CN deal triggered new benefits to CN, new options for British Columbians that we didn't even know about. We felt that some sort of legal action should seek a halt to the BCRail-CN Agreement until the citizens could at least SEE the agreement and be assured that it had no wrongful or criminal history. We asked simple justice.
We also felt strongly that such a challenge should properly come from the B.C. Opposition. We told Krog this. We also told him that if the cost was beyond the NDP's means, we would contribute.
Many people wrote. Nothing. The lead-time was used up waiting for Krog's response which never came ... until July 13, 2009 when it was far too late to do anything. On July 13, his assistants wrote each of us a gentle letter saying, in effect, that we were very good children but that they could do nothing for us.
2) If - 6 months ago - Leonard Krog as Opposition Justice Critic had hosted a Press Conference to show journalists a copy of the blacked-out BCRail-CN Agreement, the New Democrats would be in government today. And the scene would be totally different. But no. Passive-aggressives do nothing, except just a little bit, too late.
3) The NDP Opposition isn't out of the woods. They must get creative, innovative, persistent. They absolutely must show some spine by helping to get the Campbell Government to provide the documents so that the BCRail Trial gets under way. Anything less, in my view, is suspect.
alvin54
2 years ago
about time
No wonder there's no support remaining for the BC NDP. It's only had an opportunity to defend the people of this province against these tyrants, yet where's the balls of this party?
Time to fire the competent yet spineless and personality-free Carole James and find someone who will put some fire back in this party.
DPL
2 years ago
I'm no lawyer, but Krog is,
I'm no lawyer, but Krog is, and is the Justice Critic as well. He had been a candidate for leader of the party but wasn't succesful. So maybe the party insiders and the rank and file should be questioned.
Maybe it's time for the folks demanding a injunction to pool their resources, get a lawyer, and intervenor status and go for it. That's not too likely so why not cool your jets a bit and see how the judge handles the case when folks actually get sworn in and have to testify. It's been a long time but is inching in that direction
SharingIsGood
2 years ago
letters and funds
BC Mary: You got letters back? I got nothing, zilch, nada, zip!
DPL: Perhaps the peple asking for the opposition to actually do some active opposing have already donated to the NDP. Perhaps they figure they have already pooled their resources so that some politicians who are collecting a good salary and good benefits can actually do something.
G West
2 years ago
DPL
You may think it's time to 'cool your jets' - which is fine with me.
Personally, I think we've been doing that for quite a spell now and it's time to light up some of those jets and get moving.
Moreover, 'inching' seems way too generous.
Remember that fella connie black?
The Yanks managed to sign, seal and deliver his indictment, try him and whack him into irons in less time than it has taken for Madame Justice Bennett to 'speaking metaphorically', clear her throat a few times.
And he wasn't pleading 'guilty' either.
There's something sadly wrong with the way we do things here in Canada - and especially in British Columbia...