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Mayor Sam Says He Was Defamed
Sullivan's lawyer sent accusatory letter to councillor opponent.
Vancouver Mayor Sam Sullivan.
A private lawyer writing on behalf of Vancouver Mayor Sam Sullivan has accused City Coun. Raymond Louie of making "untrue and defamatory" statements, and warned the opposition councillor to "be cognizant of" the mayor's view on such statements in the future.
The ambiguous letter neither cites which statements Mayor Sullivan regards as defamatory, nor threatens legal action.*
Mayor Sullivan's spokesman said that all elected officials at city hall are provided with legal protection if someone makes defamatory comments about them.
Coun. Louie said: "The letter is not asking for an apology. And I am not offering one."
B.C. Civil Liberties Association president Jason Gratl warned that such letters could have a chilling effect on future debate at Vancouver City Hall.
"Sending letters of this type is an unfortunate attempt to stifle public debate on an issue of public interest," Gratl said. "Trying to limit public discussion and criticism on election financing issues by sending out such messages is inappropriate in a democracy."
'Defamatory and untrue statements'
"I have been asked to write on behalf of Mayor Sam Sullivan," begins the Nov. 21 letter from William S. Berardino, Q.C., of Hunter Litigation Chambers.
Berardino states that he reviewed "materials" including an October media appearance by Louie and other city councillors, and a Vision Vancouver press release in which Louie was not quoted.
"There are in those materials a number of statements which are not only untrue but are defamatory of Mayor Sam Sullivan," Berardino asserts.
The "materials" cited contain more than 6,000 words, and are generally critical of Mayor Sullivan's fundraising practices. Berardino's letter does not specify which statements he regards as untrue or defamatory.
"I have been instructed to advise that although Mayor Sullivan does not propose to commence a court action at this time, nor does he even seek an apology, although one certainly should be forthcoming, his position on this matters [sic] is as follows," Bernardino continues.
"Criticism and constructive debate on issues of public importance should be encouraged," Berardino continues. "Defamatory and untrue statements should have no part in such legitimate debate. The Mayor hopes and trusts in the coming months you will not only share these views but will also be cognizant of them."
'Public ought to be concerned'
"It does look like a shot across the bow," said Gratl, who had seen the letter.
"The chilling effect that a letter such as this would have on freedom of expression should be a very real concern for the public," Gratl said.
"Lawsuits cost money to defend. Much time and effort can be spent dealing with the distraction of a lawsuit. Elected representatives might reasonably be inclined to remain silent on important matters, rather than deal with the hassles and expense of a lawsuit. The public ought to be concerned about that," Gratl said.
Gratl said tactics like these are rare.
"Because it is so ill-advised and so clearly undemocratic, it's rare to see moves of this type," Gratl said. "The civil litigation system should not be used to undermine the ability of elected representatives to speak in the public interest."
Gratl predicted that Sullivan would back away from the letter.
"The nature of the letter is ambiguous enough that the mayor could step away from any suggestion of a threat and still save face," Gratl said.
'I chose my words carefully'
Councillor Louie had received the letter prior to the Dec. 3 press conference at which he called for in investigation into Sullivan's handling of a $5,136 donation made by the Sullivan-run Nanitch Policy Society to the Non-Partisan Association.
When asked whether the letter had a chilling effect on his call for an investigation, Louie demurred.
"I chose my words carefully," he said. "The letter highlights the seriousness of this situation."
Louie is among Sullivan's most vocal critics, and is considering a run for the mayor's office in 2008.
"The letter is tremendously ironic given the many untrue statements made by the Mayor's spokesman, David Hurford," Louie said. Louie cited Hurford's allegation -- subsequently proven untrue -- that CUPE (the union that represents municipal workers) paid off Vision Vancouver's campaign debt.
Louie also said he would not be dissuaded by Sullivan's actions.
"This letter is not going to distract Vision Vancouver from our work to make ongoing campaign disclosure a reality in the city of Vancouver," Louie said. "We will continue to challenge all parties and individuals to fully disclose who is giving money to them."
Mayor unavailable for comment
The Tyee contacted Mayor Sullivan's office on Friday, Dec 7. spokesman Hurford replied via e-mail on Dec. 11.*
"Mr. Berardino was retained by the Mayor following discussions with city staff and legal department. For your information, all elected officials at city are provided with legal protection if someone makes defamatory comments about them," Hurford wrote.
"Given this situation involved another member of Council, the legal department advised that outside Council would be best. The lawyer reviewed the statements and considered them defamatory. He recommended the course of action the Mayor took."
Hurford would not say who paid for the letter: "Any issues around costs would be an administrative matter between the lawyer and city legal."
On Dec. 7, Hurford offered the following statement on behalf of the mayor:
"Raymond Louie is a desperate politician. He has absolutely no policies that resonate with the public. All he can do is sling mud. When you throw mud you lose ground. That's what Louie is finding now. He's probably more desperate now than when he made those statements."
*We updated this story on Dec. 12 to include spokesman Hurford's replies to The Tyee's questions.
Related Tyee stories:
- Sullivan's Society Hides NPA Donors
Nanitch's other directors claim no knowledge of $5,136 gift to Non-Partisan Association. - Province to Look at Sullivan Donation
Mayor evades media as BC registrar investigates Nanitch Policy Society. - Vision Discloses Interim Fundraising
Developers made largest donations, unions gave less than three per cent.
![[Tyee]](http://thetyee.cachefly.net/ui/img/ico_fishie.png){kind=small}
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23
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Gary
4 years ago
Berardino
No wonder we can't find him in court on the Legislature Raids. Here he is busy sending out letters to stifle open debate in a democracy. Stifling and foot dragging seem to be the norm here.
dorothy
4 years ago
Uh-uh
"The nature of the letter is ambiguous enough that the mayor could step away from any suggestion of a threat and still save face,"
Not with this voter he won't. The fact that he even went there is an unmistakeable measure of a bad dude. He didn't get my vote ever, but now he won't get it with a vengeance. Cleaned my keyboard today, but now I have a sticky feeling on my typing fingers...
Grumpy
4 years ago
It called libel chill old chaps!
Those who are rich and powerful can pervert the law to suit themselves.
"During times of universal deceit, telling the truth becomes a revolutionary act."
George Orwell and how true.
EDITED FOR LEGAL CONCERNS -- TYEE MODERATOR
I, have been a victim by libel chill twice, once by a threat of lawsuit by a transit official and more recently, a die hard member of the SkyTrain lobby.
The defence against libel is truth, but with powerful friends and powerful lawyers, the truth is forgotten and base politics become the law.
It shows that Sullivan is panicking and panicking politicians make enormous blunders.
Enter Carole Taylor..............
deeby
4 years ago
Desparate politician...?
ROFLMAO!!
Pot, meet kettle.
NicS
4 years ago
Stuck In The Mud!
Here we have an obvious attempt at damage control/prevention.
Will Mayor Sam Sullivan tell us why he thinks he can raise money thru a Non-Profit Organization and then give the money to his own re-election campaign? Should we as his real masters put up with such abhorent practices? He has made us all suspect of the many respectible Non-Profits out there and for that alone he needs to apologize to us, his public.
Sam Sullivan has made his own bed and now he will have to lie in it if he so choses!
G West
4 years ago
Who do you suppose
Who do you suppose is paying Berardino's freight? Would this be charged to the charity or come out of Sam's own pocket?
He clearly didn't think he could use the 'city solicitor' for this errand.
PeteL
4 years ago
A question of common sense
I really have to question not only our mayor's integrity, but also his common sense.
Really, if he needs to be re-elected he should just concentrate on running the city and less on dirty politics.
I am left to wonder when he will have learned this valuable lesson. One would have thought he would have figured it out when his little strike campaign back-fired and the media and citizens turned against him.
Then once the needless two month strike was over the next day on Bill Good's show he goes on and on about the strike being about Jim Sinclair electing a "CUPE Mayor". What an insult to all of those workers who lost two months pay for the Mayor's bit of nastiness.
But that wasn't all, then his public relations "expert" - on the mayors behalf - starts feeding BS stories to anyone who will listen saying that the Vision debt was retired by unions. Turned out that was a complete fabrication, some may even determine that story to be a lie. But I guess the truth doesn't much matter to Sullivan and his hired PR man.
My advice to those NPA Councilors is let this man hang himself. If I were all of you I would start distancing myself from him before all of you are covered in the same crap this man keeps bathing himself in.
And whens the mayor coming home from New Orleans, Toronto and Ottawa anyway?
I need another laugh.
Skywalker
4 years ago
Defame a politician?
Is this an oxymoron? I think any court would laugh at a lawyer who tried this.
EDITED FOR LEGAL CONCERNS -- TYEE MODERATOR
How much did VanderZalm get from the cartoon artist who showed him tearing wings off flies?
Skywalker
4 years ago
I see it works.
I guess Grumpy and I have just experienced libel chill fallout. I'm outta here!
monty
4 years ago
Never send e-mails to the Mayor & Council
because a copy is also sent to the Police Chief. I sent a missile suggesting they act immediately on behalf of some folks who were displaced out of another of
Sahota's hell holes in the DTES. (Cousin of Moe, by the way, just ask him) Got a response from the city clerk showing the message went to the cop shop.
Anyone feeling paranoid yet?
Good column last Friday in the Province by David Berner (sorry to mention a Canwest operation.) He rips the Mayor & Council to shreds. Kim Capripants was so
upset she called him at home. Perhaps you could reprint that column here. It is a big laugh. Cheers.
Wallace
4 years ago
Berardino?????
If this is the same Berardino that we have been reading about in the Basi, Virk, Basi debacle, then we can be assured that he will play the performing seal role that he has refined to the point of earning his QC. In the BVB case, he is paid to make sure that the process gets gummed up and nothing happens to the point of the case being thrown out. In this case, his role is similar. His function in this role is to gum things up with paper but not actually let anything happen. Sammie does not want his case to actually be heard so he (or us) will pay Berardino to make sure that nothing happens amidst the appearance of legal activity. Different payor, same payee. It doesn't really matter if is the same lawyer or not, they can all play the game of dancing to the tune of the piper and frustrating justice.
Wallace
4 years ago
Nothing illegal of course.
I would never suggest that this activity is illegal. Indeed, this is what the legal system is designed to do. That is, to protect those that can pay (or have someone else pay) for one's desired outcome. If any reader is offended and actually thinks that the legal system is about more than justice being seen to be done rather than actually being done, I have a bridge for sale.
Wallace
4 years ago
Genuflection?
Whadda ya think Skywalker and Grumpy? Does my second post save my first post from the Tyee censor board?
G West
4 years ago
monty
Berner's column WAS worth a read...
dave49
4 years ago
Defamed. Really???
Given the timing of delivering this letter BEFORE Raymond Louie made his remarks, this is clearly an attempt to keep the skeletons in the closet from rattling.
There is far too much hidden money behind Sam and the KnowWards campaign. We still don't know who the donors are and Sam and his team are playing tough and dirty to make sure the info stays hidden.
We have the most pathetic civic politics here in Vancouver. Campaign funding and referendum rules are a joke!
Maybe the anarchists are right, voting only encourages them.
aorangi
4 years ago
MAYOR SAM
Hi there Sam!
WHERE'S "JAMES GREEN" THESE DAYS? HAVEN'T HEARD A WORD ABOUT HIM SINCE YOU WERE ELECTED.
zalm
4 years ago
Not our next mayor...
Looking for a good man named SAM SULIVAN to run for mayor on the next ballot. I''ve got a campaign office for him, I'll pay his fee, and with a spelling like that, I can guarantee him a goodly number of votes.
Ohhhh, can't you just hear the howls of protest coming from J.P. Shason's office in Gastown?
zalm
4 years ago
Monty
Others who want to read Berner's thoughts can find them at
http://www.canada.com/theprovince/news/editorial/story.html?id=be95e7c7-1501-47e0-afb5-132cfeb8cb77
Frankly, he's done better. So have others.
G West
4 years ago
Berner
Zalm,
Funny you should write that about D. Berner's piece on Kim Capripants.
I had an exchange with a couple of other people about that very column which came to much the same conclusion.
I'll quote a bit of it here:
1) I'm not all that familiar with the Byzantine meanderings of Vancouver politics - but some of us still living have long memories. Do YOU think this is the worst government [including that of Tom Campbell and Stewart McMorran (city prosecutor at the time and for too long after)]? Well, don't answer that, maybe it is and I suppose, really, who cares now that someone's starting to actually, like you know, mention what Sam & the NPA have been up to ...
2) I don't know much about Berner but I almost like this piece even if I think it's a little rich (ironically speaking) to pump up your reputation as a satirist on the basis of 'capripants' and 'King George'...but, as they say, everyone's into self-promotion these days. And now, I'll get down to the real nitty gritty....
3) Could this all be part of a Canwest move to bring in a new 62 year old 'hottie' from Toronto by way of the Legislature?
Remember - this is the Province!
chevy
4 years ago
This stinks!
Isn't this Berardino the same lawyer who
is handling the crown's case in the raid on the legislature? Is there some connection going on here?
wally
4 years ago
Let's game the gamer.
I was going to go on a rant about Sullivan, Abbott and Falcon but Zalm's post hit me between the eyes. Let's do just that but have the fella set up a society first so we can funnel dough to the stooge... er, I mean candidate anonymously. This would be brilliant just for the joy of listening to Citizen Sam try to wiggle into the victim persona.
zalm
4 years ago
GWest
I didn't mind Berner a few years ago - he was inoffensive on his Corus radio show but he did occasionally bring on guests who poked all governments in the eye. And I certainly agree with his attempts to reform the drug use/detox industry even while I don't think they're that effective - there's lots of room and limitless demand (and clients) for innovation in this area.
But he's like my father, similar opinions, and a lot crankier as he's gotten older. I haven't listed to his new radio show and I don't intend to.
Makes you appreciate the wonder of Mick Jagger prancing around like a 16 year old all the more.
chevy
4 years ago
Can any of you imagine Sam in another term?
I hope not. You guys think Harper is bad, I think this mayor takes the cake. I would hope Taylor or Robertson run to punt this guy off of the chair. I am more conservative than anything but I would rather someone different run things.
I think the problem is that there is no definitive direction in this city. There is an ecodensity strategy but then we vote in big box stores. There is a shortage of funds at city hall but business gets their taxes lowered. I would like to see a direction pointing forward by this council and I don't see one. We can have all the density they want but the downtown core is about done developing. Where do we go from here? What about our infrastructure? We talk developments but some of our water pipes are 100 years old! We are short police officers. We need a campaign on forward thinking and I don't Sullivan is capable of so. He is too image driven and I don't think he has the political fortitude to get us there.
If he's up to play little games like this to get a high priced lawyer to send vague letters to the opposition, well then, what's next? If he's concerned with this pettiness, it shows his distraction and his disinterest in the bigger issues affecting this city.
Just my two cents worth!