News

Raids: How Big a Scandal?

David Basi and Bob Virk were key players in B.C.'s Liberal government with strong ties to the Prime Minister. The RCMP raid of their offices as part of a probe into drugs and organized crime will likely cloud the next elections, federal and provincial.

By Barbara McLintock, 30 Dec 2004, TheTyee.ca

legislature

It started out like so many relatively routine tips that police officers pick up - some unsubstantiated information about trafficking in cocaine and marijuana, deemed to be worthy of further investigation by the Victoria Police Department and the RCMP Drug Section for the Greater Victoria region. But as the officers conducted their probe, the tentacles spread further and further, potentially involving organized crime and police corruption. Then this weekend they reached right inside the B.C. Legislative Buildings - a place where police officers rarely venture except to keep the peace at demonstrations and arrest the odd errant protester.

By late afternoon Sunday, two high level Liberal government officials, their offices raided by police, were gone from their jobs. David Basi, ministerial assistant to Finance Minister Gary Collins, was fired and Bob Virk, the ministerial assistant to Transportation Minister Judith Reid was suspended with pay.

Ties to Paul Martin's campaign

The sight of uniformed sergeants (the operation was considered too sensitive for any officers of lower rank to participate) toting dozens of cardboard cartons containing file folders and documents down the steps at the legislature has given the Gordon Campbell government a political problem unlike any they have experienced in their past 31 months in the office. Moreover, it's a problem that isn't likely to go away any time soon.

Police officers predict that the complexity of dealing with documents seized from the legislature alone will ensure that it will be several months at best before the investigation is concluded and criminal charges, if any, laid. That means the file is likely to be foremost in the public's mind again just weeks or months before the next provincial election. Since one of the Campbell government's first moves in office was to set a fixed election date (we'll go to the polls on May 17, 2005), the premier now doesn't have the option of either speeding up or delaying the election in the hope of avoiding the worst of the fallout.

Moreover, the provincial Liberals may not be the only political party to feel the heat. Several of those apparently embroiled in the scandal also have strong ties to Paul Martin's Liberal leadership team in B.C.

The sole good news so far for the Liberals, both provincial and federal, is that there is no suggestion that any elected MLAs or MPs are in any way involved with the events that have led to the criminal probe. All the police forces involved have taken great pains to make clear that such is the case. Although search warrants were executed in the suites of cabinet offices occupied by Finance Minister Gary Collins and Transportation Minister Judith Reid, the police were not interested in documents belonging to the ministers' themselves, but rather those of their Ministerial Assistants.

Basi wielded considerable power

Ministerial Assistants occupy a strange place in the B.C. political spectrum - a limbo where they are neither professional civil servants nor elected officials. They are paid adequately but not brilliantly; most make somewhere around $60,000 a year. They are pure political appointees, their hiring formalized through cabinet orders, and each serves "at the pleasure" of the cabinet. That's a formal way of saying they have no job security whatsoever, which is what made it so easy for the Campbell administration to dump Collins's Assistant, David Basi, less than 24 hours after the police raids began.

Some Ministerial Assistants are recruited directly by the ministers for whom they work, and such is believed to be the case with Basi. Many more, however, are actually drawn from a pool established by the Premier's Office and assigned to specific ministers. Some cabinet members have almost no choice in who their assistant is. All Assistants, including those recruited by individual ministers, are responsible not just to their ministers, but also directly to the Premier's Office through Chief of Staff Martyn Brown.

The role that Ministerial Assistants play varies widely, depending on the talents, personalities and attitudes of both the various cabinet ministers and their aides. Some appear to be relatively low on the totem pole, doing little more than preparing briefing notes and meeting with disgruntled citizens that the minister has no time for. Others come to occupy positions of significant power within their ministries, dealing with sensitive files and materials, and working closely with the minister in developing and implementing policy. That was the case with Basi. He was seen as Collins's right-hand man, with a particular eye for the electoral implications of the financial decisions being made in government. Because Collins also serves as Government House Leader during legislative sessions, Basi was also prominent in deciding the timing of legislation and the organization of the House's sitting days. He was widely considered one of the most powerful non-elected officials in the government.

Basi held extra sway because he was also one of the people who had influence over both the provincial and federal wings of the Liberal party. A passionate supporter of Paul Martin, he'd been deeply involved in ensuring several B.C. ridings returned Martin delegates during the voting process as well as helping to organize events and fund-raise for the Martin campaign. He and his team of "Basi's Boys" were widely credited for engineering the takeover of former cabinet minister Herb Dhaliwal's riding by Martin supporters.

Virk and Basi: Brothers-in-law

The other Ministerial Assistant whose office was raided, Robert Virk, was also a well-known Martin supporter. He's also Basi's brother in law - their wives are sisters.

Victoria Police Chief Paul Battershill confirmed several other locations were also raided by police officers over the weekend. They included the homes of some of those involved, an accounting firm, and a government relations firm later identified as Pilothouse Public Affairs. The company was begun by former Vancouver Province columnist Brian Kieran, but two of its key officials - Erik Bornman and Jamie Elmhirst -- also have strong ties to the Martin camp.

Also visited by investigating officers, although not formally raided, was Mark Marissen, of Burrard Communications, who was director of the Martin campaign in B.C. - and who's also the husband of Deputy Premier Christy Clark.

Just how all these pieces of the puzzle fit together (if indeed they all do) will have to await the final police report, and charges and trial if any.

Began with police corruption investigation

Battershill said the potential involvement of those in the legislature came relatively late in the investigation as officers from his department and the RCMP followed where the evidence was leading them. It began with the drug information first received more than 18 months ago, he said, and as officers developed the file, they soon realized it could involve an organized criminal operation. The RCMP's experts in organized crime were brought in, as was the provincial Organized Crime Agency. Fairly soon after the file moved to a stage where it was being investigated more actively, the officers realized it also involved the possible corruption of a single police officer, a member of Battershill's own force.

Two weeks before Christmas, Battershill announced that Const. Rob Dosanjh, a 13-year veteran of the department, had been suspended with pay, as required by the Police Act. An investigation involving Const. Dosanjh, 37, was ongoing, he said, involving allegations of obstruction of justice and breach of trust. He provided no details at that time, but has now confirmed that the Dosanjh file and the raids at the legislature are linked. However, he described the relationship between Dosanjh and any of those targeted in the search warrants as "indirect."

As the investigation proceeded, the chief said, the evidence that was being uncovered led officers to want to involve the Commercial Crime Section of the RCMP in a different tentacle of the probe. It was the Commercial Crime portion of the investigation that led to the legislative raids, he said.

Extraordinary powers invoked

The process of both obtaining a search warrant for offices in the legislative buildings and dealing with the potential evidence obtained in the raid is not only complex, but also almost unique in Canada. In fewer than a handful of cases have police ever moved to obtain a search warrant for materials located within the parliament buildings in Ottawa or any of the provinces.

Theoretically, the police have no jurisdiction within the legislative building, unless they have been invited there by the Speaker or one of his designates. It is part of the long British parliamentary tradition of separating the three branches of government (legislative, executive, and judicial), that the Speaker is master of his own house and it cannot be invaded by representatives of the other branches, such as law enforcement.

As well, the police had to convince a Justice of the B.C. Supreme Court that the only way to obtain the evidence they were seeking was through a search warrant of specific offices within the legislative confines. Although the appointment was not made public at the time, the government's Criminal Justice Branch in early December appointed William Berardino as special prosecutor in the case. That allowed Berardino, a highly-respected Vancouver lawyer, to work with the police in drafting the documents necessary to put before the judge.

Once the judge had granted the warrant, Solicitor General Rich Coleman, accompanies by several Mounties, flew to Kamloops, home of House Speaker Claude Richmond. There, on Saturday evening, they explained the situation to Richmond and asked his permission as Speaker to execute the warrants. Richmond gave the necessary consent.

Cabinet files locked up for months

What happens to the seized material next is even more complex. In most cases, once the RCMP or police had executed a search warrant, the material seized is theirs, to begin poring through, to see what useful evidence might be contained in it.

Not so with evidence obtained from the legislative buildings. Before each box was removed from the legislature on Sunday, the legislature's sergeant-at-arms ensured that it was properly sealed. All 37 boxes, along with material seized from computers and hard drives, will now go back to the Supreme Court judge who issued the search warrant. It will be the judge's job to go through all that material without the police or Crown counsel being present. The judge will sort out any material that might be protected by cabinet privilege - documents that relate so closely to decisions being made by cabinet that normally no one outside cabinet and its advisors would ever be allowed to see them. Any material that is covered by lawyer-client privilege will also be removed from the file. Only when that is done will the remaining material be turned over to the RCMP officers for their further investigation. The whole process is expected to take months.

Cloud likely to hang over elections

During that entire time, from a political point of view, the government will be under a cloud. In many ways it is worse for the provincial Liberals even than when Premier Campbell was caught driving drunk in Hawaii just about a year ago. Although Campbell at that time showed incredibly poor judgment and paid the price for it, a common understanding grew up that it was an unusual circumstance and that it couldn't have been further away from his day-to-day routine as premier.

Any conversation that involves cocaine, organized crime, and police corruption cannot but help have a very much nastier tone to it. The mere words "organized crime" imply that whatever happened was done on a premeditated basis, not the idiocy of a moment.

And that tone seems unlikely to vanish through either the federal election expected next spring or, at the speed at which these things usually move, even the provincial one of 2005. 

Barbara McLintock, contributing editor to The Tyee, is a freelance writer and consultant based in Victoria and author of Anorexia's Fallen Angel.  [Tyee]

24  Comments:

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  • Jerry Munro (not verified)

    8 years ago

    This government has, whether we're talking common drunkeness, anti-labour actions or even the dirty little gossipy stuff that no one else could get away with, such as the long rumoured breakup of Campbell with his wife and an affair with his secretary, (Remember Wilson and Tyabji?)got a "pass card" from the mainstream media in this province. Here, however, we may finally be at a point where even the cosy relationship of the media with this government may begin to break down. It can't come soon enough for those ordinary folks eating the cutbacks, impoverishment anb job losses, along with the shipments of our raw logs south to our Yankee corporate overlords. In the entire piece, however, it has been the role of the mainstream media which has hampered awareness, communication, any semblence of objective, critical analysis, and thus been the most damning and harmful. They have been part of the conspiracy of silence, stonewalling and official apologia.

  • bree (not verified)

    8 years ago

    This is the best analysis of the situation that I've read yet. I was wondering what ministerial assistants do, and I thought McLintock explained it succinctly.

  • C. Parkhurst (not verified)

    8 years ago

    What is sad is that there are many out here who aren`t that all surprised to hear news like this. Last year the Premier was in a US jail, now this, whatever it is. I only hope that this is big enough to bring this bunch of neo-con liars down. This "government" has been a disaster from the word go, and the sooner they are history, the better it will be for the average citizen.

  • Ron (not verified)

    8 years ago

    We are only at the tip of the ice berg, when it start's to melt Gordo and the mainstream media will sink to. When you have organized crime working in the Ministey Finance & Transportation it is a disgrace. Campbell spells. C orruption A round M y P arliament B ad E vil L ying L iberals

  • Alexander (not verified)

    8 years ago

    He's BaaaaaAAAAaaaaack WAILUKU - For Gordon Campbell, Christmas was the same, but different. You might remember Gordon Campbell, (Premier of British Columbia, Canada), as the red nosed, bleery eyed, grinning fool from the drunk tank who was busted for blowing over 2 % after weaving his rented tourist mobile down our highway. He stumbled out of the vehicle after it was stopped and was obviously gassed. Well a year has passed. Mr. Campbell is back in our midst and the British Columbia legislative buildings are being raided by the R.C.M.P. Kind of makes you proud of our politicians, doesn't it. Sure Councilman Mito seems to have far more money than anyone in his position should. And yes, Mayor Morrow's sex life makes Michael Jackson's seem very normal. However we can be proud of the fact that Gordon Campbell is only a tourist here and not part of OUR government. The Maui News 100 Mahalani Street, Wailuku, Maui, Hawaii 96793 808-244-3981 (local) If you have any problems, questions, or comments regarding www.mauinews.com, please contact the Webmaster. For all other comments, please see our Contact section to send feedback to The Maui News. Users of this site agree to our Terms of Service. Copyright =A9 2003 - The Maui News

  • Lorne Finlayson (not verified)

    8 years ago

    Ms. McLintock has given us an excellent backgrounder on the situation. However, those who think that the mainstream media will take a hard look at the Campbell regime had best give their heads a shake. The present government, so called, is the creation of the business elite , and there is no way that they will allow anything to stand in the way of their continued looting of the province, least of all the revelations of wrong doing amongst their chosen flunkeys. Whatever the problem is, it will be swept away by a flurry of lies, spin doctoring and general chicanery. After all, we of the great unwashed have known for months of the Campbell marital problems, involving his now very pregnant secretary ( read admin assistant. ) Why have none of the mainstream sent a reporter to Hawaii to interview the Premier? Are they afraid they will discover that the " family" vacation is no such thing? Don't forget, these same people put Mrs. Clark and her children through an evening of hell over in East Vancouver, with nary a qualm or an apology . What is holding them back now?

  • galois (not verified)

    8 years ago

    This is where we should recall Bill Blum's Watergate Rules: Watergate Rule #1: No matter how paranoid or conspiracy-minded you are, what the government is doing is actually worse than you imagine. Watergate Rule #2: Don't believe something until it has been officially denied. (lol Paul Martin's people haven't really even been accused of anything & they're already denying any involvement in this)

  • KLC (not verified)

    8 years ago

    Thank you, Ms. McLintock, for the comprehensive explanation. You capably demonstrate the difference between sound bites and useful information. Will this be "the straw which breaks," either now or later? Alas, in our province, who can say? At this time, there are no charges, accusations, or scenarios for anyone to even evaluate. We are guaranteed one thing: another loopy political year. Happy 2004.

  • Jonathan Colvin (not verified)

    8 years ago

    It is hardly surprising that the proceeds of a 6 billion+ per year black economy reach all levels of society. We only have to look back to the prohibitionist 1920s when it seems likely that such Canadian stalwarts as the Bronfman's (owners of Seagrams) were complicit in drug smuggling into the USA (whiskey rather than marijuana). I've little doubt that all sectors of the BC economy are awash in drug money, and it would be strange if those in the government didn't want a slice of the pie.

  • Chuck Beyer (not verified)

    8 years ago

    Its comical to see the politicians squirming due to their own marijuana prohibition policies. We in the anti prohibition movement have been telling you all that prohibition corrupts ALL institutions just as alcohol prohibition did. And we could not offer better proof than this. There are very few political parties that are not guilty of grave hypocricy and blindness to the history and lessons of prohibition - in fact I can think of only one. And to the rest - especially the goveneing Liberals both provincially and federally - suck it up. Smell the stink of prohibition corruption. If this sinks you - yo deserve it. even if you are not directly involved you are vicarioulsy involved if ever you supported marijuana prohibition.

  • Jeff White (not verified)

    8 years ago

    The scariest thing about this whole story is that the Prime Minister has close political ties to top advisers in the B.C. government. Is Paul Martin going to be Canada's Gordon Campbell?

  • Duane Eddingfield (not verified)

    8 years ago

    Thanks to TheTyee and Ms. McLintock for an excellent article. This situation gives me a bad feeling so I'm counting on TheTyee to stay on top of it. "Asper Media" certainly won't.

  • Justice of Just Us (not verified)

    8 years ago

    What is concerning is that this all hinges on Justice Dohm's review of the documents. What do we know about this man?

  • Lelanie (not verified)

    8 years ago

    I just visited a site "whatreallyhappened.com" and was amazed at how much news about Canada and Gordo was in Jan 4 posting about letter to Mom.

  • Mary (not verified)

    8 years ago

    Your commentators as well as Ms McLintock made me proud to be a born-in-Vancouver British Columbian. If only something good -- like the exposing of who actually owns the Liberal government -- comes out of this terrible situation in which Organized Crime appears to have entered the BC Legislature.

  • anne cameron (not verified)

    8 years ago

    I suppose it's very politically incorrect and probably low rent tacky to wonder at the link which all seem willing to ignore...Basi-Verk-Constable Rob Dosangh are IndoCandian and one of the big drug "gangs" were headed by the Johal brothers who have since been killed and... well, at least it sort of turns the spotlight off the motorcycle gangs! They usually get the blame

  • richard bell (not verified)

    8 years ago

    If you were going to wash cocain cash, would not political tax credits be a great way to do it. Unlike cash donations to alumni assoc they pay off at 75% cash back from the government instead of 35% charitable tax credit. If you were say buying $25 memberships in the political party with "coke-cash" for 1500 people to say take over a Fed Ministers riding assoc and got the tax credit how much would you be able to get back in government cheques? How much money could you was this way?

  • fraidel berzan (not verified)

    8 years ago

    Duane: The only coverage in the straight press (and the only contestation of unconstitutional injunctions and bought privilege) thus far has been from the 'Asper Media'; if you want to Jew-bash, at least summon the intestinal fortitude to do so without the politically correct cover. If you're looking for links, you might a cast a glance toward the city of Klanloops where speaker of the house Claude Richmond resides.

  • Len Colebert (not verified)

    8 years ago

    I lke this newsletter, also the feedback function. I, for one, feel completely disinfranchised. The Folks in Victoria can do whatever they wish since they belong to a 'special interest group'. I'm sure this will end up as a whitewash with not too much real info getting out.

  • Hermann (not verified)

    8 years ago

    If the average citizen could ever find the interest of following real politics, and real socalled politicians *within* the elected time period, and not only when elections come around, they would be far more informed, then the media and high corporate society would ever want people to be. This here an exellent example. Premier Gordon Campbell at one time was the Mayor of Vancouver. And it was the lying, the swindel and cheating to all the contractors (he, as the developer), when he contracted out most of the work, that spread the word in Vancouver. That is what made him un-electable for another term as Mayor in Vancouver. Of course the rest of the BC population did not know this, and......they fell for him again. We knew what was coming our way, when the people of BC elected him. Now the people of BC also know !

  • Wes (not verified)

    8 years ago

    What would Gordo have done if it would have been another of his Cabinet Ministers that had been convicted of impaired driving in Maui USA? Think they would still be in Cabinet? I strongly doubt it! If you or I had been charged and convicted of a criminal offence (Impaired), is their any chance we would be allowed back into the USA? Why is he? Another nail in the Liberal coffin? I hope so. If only we would not forget so quickly! Someone must remind us of the Gordo/Christie/... upsetting events that have been pushed down our throats. And reminded just in time for the next election.

  • faith (not verified)

    8 years ago

    Thank-you for the most thorough journalism on this important story. It would appear that Basi has been quickly chosen as the scapegoat if the mainstream media is any indication. The huge pictures of him(Basi) in the Sun would indicate to me that Campbell is being let off the hook by being portrayed as innocent of any knowledge of any wrongdoing. I was wondering if anyone remembers reading an article on the premiers office picking cabinet ministers assistants and how that process differed from previous governments? I was sure I had seen this mentioned on tyee but can't find the mentioned articles anywhere. Any help would be appreciated .

  • KWD (not verified)

    8 years ago

    Reporters around the province must be bagged. Newspapers are full of timelines, character sketches and tons of drama all neatly rolled for audience enjoyment. All we need now are a few plots to get it all growing. But the audience shouldn’t be too snorting mad if a few important bodies aren’t hung out to dry when the final curtain falls on this ‘Who Done It’ mystery. Unfortunately, the writers seem to have missed the seed on a valuable hint dropped by RCMP Sgt. John Ward: “ The value of the illegal marijuana trade alone is estimated to be worth in excess of $6 billion.” Six billion! That’s a lot of dough or pot or cocaine or political payoff. But if we take a deep breath and savour Ward’s statement for a moment some fairly pungent questions arise. Where is all that money coming from? And, who are these law-breaking characters buying six billion dollars worth of drugs? The media is constantly reminding us about hard-core druggies and robberies and car thefts and B and Es, all apparently drug related. But let’s do some math. How much stolen property would have to be fenced by BC’s down and out in order to come up with that much cash? BC has a population of about 4 million, nearly 180,000 are unemployed and maybe 2000 of those live on the street. If these are the folks responsible for the trade in illegal drugs then each street person must come up with about $3,000,000. Seems unlikely doesn’t it? There is a good chance that a significant percentage of the monetary support for organized crime comes from middle class folk. But you can be sure a lot of that cash comes from some very wealthy people. People the playwrights of this drama entrust with their well-being like doctors, lawyers, politicians, business people, schoolteachers, university professors, police officers and perhaps the odd judge. Of course this doesn’t mean that organized crime, grow ops, buying political influence and money laundering aren’t worth exposing. They are, but folks should also know that a big part of this story is being left to germinate. Organized crime pays because there are lots of rich folk willing to make sure it pays.

  • diane (not verified)

    8 years ago

    I'm starting to look forward to the next new tear for the liberals.......

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