News

'Ducking' BC Rail Questions Doesn't Fly with Experts

No law keeps Campbell and Oppal from commenting: Addario, Gabelmann.

By Geoff Dembicki, 22 Apr 2009, TheTyee.ca

Wally Oppal

AG Wally Oppal: Dodging or due diligence?

Text size:

Rate this:

Login/Register

Whenever Premier Gordon Campbell and his Attorney General Wally Oppal are asked to shed light on the controversial BC Rail sale, their answer is the same. No can do. The matter is before the courts.

In fact, Oppal said he'd "love to comment" on the BC Rail deal, but doesn't want to influence the eventual verdict.

A top Canadian lawyer, a former B.C. attorney-general and House of Commons protocol suggest he needn't worry -- the legal convention Oppal cites is a voluntary measure not intended to block public debate.

Verdict no time soon

During this election, the New Democratic Party has tried hard to put the contentious 2003 sale of BC Rail on the public's radar. Just recently, the party released pointed attack ads and Nanaimo candidate Leonard Krog appealed to the RCMP to open a criminal investigation on the deal.

At issue are allegations that key government insiders oversaw a rigged bidding process that helped CN take over the crown corporation. The corruption case is in pre-trial hearings and a verdict might not be reached for months, or even years.

Oppal is the point man for BC Rail-related questions, but refuses to comment on the issue. He's repeatedly cited the sub judice rule to justify his silence.

"I don't know why people don't understand," Oppal told The Tyee last week. "I, as the attorney-general and the chief law officer of the province, should never ever comment on any matter that's before the Supreme Court."

That doesn't mean he wouldn't like to weigh in.

"You know what? I'd like to comment on that case -- I would love to comment on it. But it would be wrong for me to do it," he said.

House of Commons protocol appears to contradict Oppal's steadfast position. Sub judice does restrict the free speech of legislators when open discussion could influence an ongoing trial. Even so, the legal convention has never been codified and remains a voluntary measure.

And far from limiting public discussion on important matters, "a presumption should exist in favour of allowing debate and against the application of the convention," protocol states.

'Most judges would be insulted': Addario

Prominent Canadian lawyer and legal expert Frank Addario agrees. Government officials shouldn't talk about facts that could bear on a defendant's guilt or innocence.

But if they stick to the political implications of a trial, there's little chance their comment could bias a verdict, he said.

"Most Canadian judges would be insulted by the suggestion that a comment about an ongoing case relating to its political aspects would influence them," Addario told The Tyee.

He argued sub judice is often invoked by politicians to dodge contentious issues.

"In general it's used all the time to avoid political accountability," Addario said.

'They're ducking it': Gabelmann

Colin Gabelmann was NDP attorney-general from 1991 to 1995. Over the past few weeks, he's been following news reports about BC Rail closely. He thinks Campbell's Liberals are hiding behind sub judice to avoid embarrassing questions.

"It's a clear and obvious strategy by the government to duck any public discussion about what is potentially one of the bigger scandals we've had happen in this province in some time," Gabelmann told The Tyee. "They're ducking it because it would hurt their election chances."

Gabelmann thinks British Columbians deserve to know whether their government is concerned about potential conflicts of interest related to the sale of BC Rail.

"That's not going to influence the court on the issues at trial," he said.

The Tyee contacted former Social Credit party attorney-general Brian Smith, but he declined to speak to the issue.

"I'm not a public figure," he said. "I don't get my kicks commenting on things during election campaigns."

Calls to Oppal's election campaign were not returned by press time. Read more about sub judice here and here.

Related Tyee stories:

[Tyee]

Geoff Dembicki reports for The Tyee.

21 Comments:

Login or register to post comments

  • freebear

    3 years ago

    Say anything to get re-elected Law!

    In politics rule number one is do anything to get re-elected!

    They should change their Party name to:

    Bob and Weave Party

    Duck and Cover Party

    Only those to benefit financially seem to support the Fiberals!

    If Kinsella goes to court with the NDP will Campbell et al refuse to comment?

  • freebear

    3 years ago

    and......

    The Juke and Jive Party

    The Green Wash Party

    The Arrange the Future Directorships Party

    and.......

    The Cover Your Retirement Ass Party!

  • randyh

    3 years ago

    Conflicts of Interest in IPPs?

    Insiders move to IPP industry

    Mark Grant, BC Liberal executive director, resigns December 12, 2008 to join Rupert Peace Power.

    David Cyr, former Assistant to BC Liberal Minister Mike de Jong, is now a director at Plutonic Power.

    Robert Poore, recently worked under the Provincial Revenue Minister of the Province of BC, now is a senior director at Plutonic Power.

    Tom Syer, who has held a variety of senior positions in the BC Government including Gordon Campbell’s Deputy Chief of Staff, is now a director at Plutonic Power.

    Bill Irwin, after holding key positions in the BC Ministries of Land and Water, and Crown Lands, now is a director at Plutonic Power.

    Bruce Ripley spent the last 2 of his 16 years at BC Hydro as VP Engineering, now is President and CEO of Plutonic Power.

    Elisha McCallum (Moreno), after 7 years with BC Hydro as a media relations manager, moved to a directorship with Plutonic Power.

    Bruce Young, has held several high profile positions with the BC Liberal party and lobbied his own party on behalf of Katabatic Power is listed as a director of Atla Energy.

    Stephen Kukucha, former senior policy advisor for the BC Ministry of Environment, is now president and CEO of Atla Energy.

    Bob Herath, former Assistant Regional Water Manager for the BC Ministry of Environment is now with Syntaris Power.

    Paul Taylor, after his work as President and CEO of crown corporation ICBC as well as high level positions in the BC Government, is now President and CEO of Naikun Wind Energy Group.

    Michael J. O’Conner, former President and CEO of Crown Corporation BC Transit, now holds senior positions at Naikun.

    Jackie Hamilton, formerly held various BC Government environmental assessment and regulatory management positions, is now a VP at Cloudworks Energy.

    Michael Margolick, held positions in resource and strategic planning at BC Hydro, now is the Vice President of Power and Transmission planning at Naikun Wind.

    Robert Price, after a 30-year career at BC Hydro and Power Authority which culminated as the utility’s Vancouver Island transmission line construction, supervision and operations manager, now a member of the Hawkeye ‘team’ (website is not clear on Price’s position at Hawkeye).

    Mr. Paul Adams, after a 33-year career with BC Hydro in which he held senior management positions, now is another ‘team’ member at Hawkeye.

    Doug Bishop, formerly 32 years with BC Hydro and Powerex, was contracted in 2004 by Plutonic Power.

    Ron Monk former BC Hydro Engineer, now employed by Kerr Wood Leidal engineering firm used by IPPs.

    Wayne Chambers, a former BC Hydro power plant and substation operator, now a manager at Cloudworks.

    Alexander Kiess, after long career with BC Hydro in management, now works as a consultant to Syntaris Power.

    Geoff Plant, former BC Liberal Attorney General, now chair of Renaissance Power.

    http://www.publicpowerbc.ca/insiders-move-ipp-industry

  • G West

    3 years ago

    There's an interesting case in the docket this morning

    In Ottawa:

    Basi Virk: today April 22, 2009 in Ottawa - Supreme Court of Canada hearing.
    .
    SCC Case Information
    Summary
    32719

    Her Majesty the Queen v. Bobby Singh Virk, et al.

    (British Columbia) (Criminal) (By Leave)
    (Publication ban in case) (Sealing order)

    Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

    Criminal law - Trial - Procedure - Whether counsel for the accused may be present at in camera hearing to determine whether informer privilege applies to protect material from disclosure - Jurisdiction of Court of Appeal pursuant to s. 37 of Canada Evidence Act, R.S.C. 1985, c. C-5 - Whether it is a breach of the court’s duty to protect informer privilege to permit defence counsel to learn the identity of an informant or information that might identify an informant on undertakings not to disclose this information - Whether the first stage of the procedure in Named Person v. Vancouver Sun, 2007 SCC 43, applies such that accused and their counsel are not entitled to attend a hearing to determine a claim of informer privilege where the evidence may or will identify the informer - Whether s. 37 of the Canada Evidence Act provides the court with discretion to override the substantive rule of law barring disclosure of an informant’s identity - Whether the Court of Appeal had jurisdiction to hear the appeal in this matter.

    The Respondents are charged with corruption, fraud and breach of trust resulting from alleged misconduct while civil servants. In pre-trial proceedings, they sought disclosure of certain documents and portions of documents. The Crown requested an in camera, ex parte hearing to determine whether the documents are protected by informant’s privilege. The Crown seeks to exclude defence counsel from the hearing. On December 6, 2007, Bennett J. granted a hearing but held that defence counsel should be permitted to attend subject to undertakings and a court order prohibiting disclosure. The Crown objected under s. 37 of the Canada Evidence Act, R.S.C. 1985, c. C-5. On December 7, 2007, Bennett J. dismissed the s. 37 application. The Crown appealed both decisions. Finch C.J.A. and Donald J.A., for different reasons, dismissed the appeal. Ryan J.A. would have precluded defence counsel from the hearing.

  • lynn

    3 years ago

    Power Pirates

    thanks, randyh:

    I'm glad you are still posting this list.

    Every citizen of this province should read this.

    It is one of the most important windows into the insider "green power"

    subterfuge of the present government.

    This is a big story.

    With long, long legs.

  • G West

    3 years ago

    And, please note

    It isn't just wally who has been ducking questions... another BC Politician was refusing to answer very pertinent questions about CN and BCRAIL LONG BEFORE THERE EVER WAS A COURT CASE to provide a convenient potemkin village between the truth and the people..Pls see below:
    http://pacificgazette.blogspot.com/

    Where my good friend Ross K has the story:
    Campaign Day 9.....Why Didn't Mr. Campbell Answer The Question Before....

  • the bon

    3 years ago

    lynn

    Yes I agree it is a big story,and everyone should read about it but will any mainstream media print it? Not in a million years. They should just change their name to "Pravda"

  • RossK

    3 years ago

    Thanks....

    ....to GWest for linking to my similarly-themed post, here.

    It should also be noted that Paul Willcocks posted up on this some time ago, here.

    Finally lynn, above, asked:

    "will any mainstream media print it?"

    That's a most interesting question.

    Clearly Gary Mason has done much to keep the story alive and, more recently, Vaughn Palmer has gotten back into the game.

    However, I think the absence of electronic media coverage is the real issue here.

    Case in point, Keith Baldrey has suggested that those who are interested in this issue should be dismissed because they belong to some sort of a 'cult'.

    And Bill Good is very fond of saying that, because it all happened before 'the last election', the public has therefore already weighed in with its verdict.

    Of course, the important thing to remember is that, despite all the Stonewalling, there are many things that we, the members of the public, know now that we didn't know then.

    At least those of us that read (and don't get all our information from the TeeVee).....

    OK?

    .

  • freebear

    3 years ago

    What a wicked web weaved (and ducked, bobbed ....)

    Carpet Baggers sound like!

  • Campbellwearsatutu

    3 years ago

    The latest poll......

    From the world`s most accurate pollster

    Make sure to read the commentary.

    http://www.robbinssceresearch.com/polls/poll_582.html

  • Campbellwearsatutu

    3 years ago

    Wally Oppal gets booed......

    Doesn`t sound like Wally Oppal has many supporters in south Delta........

    Welcome to private life ex-Attorney General

    http://www2.canada.com/deltaoptimist/news/story.html?id=8316d7a2-34f7-4315-be87-2d69ece81659

  • lynn

    3 years ago

    Bypassing Pravda

    the bon:

    You're right, the bad news is that our version of Pravda probably won't print it, but the good news is that an increasing number of people no longer respect them because of exactly these kinds of choices.... nor turn to them any longer as an information source.

    They have made themselves obsolete.

    The msm news artery blockage is being by-passed....by the creation of healthier, more responsive new veins of information doing the heavy-lifting that the msm has negligently refused to do.

    We turn to these new places now.

    This Tyee article a good and much appreciated example.

    If you watch the legislature long enough, there are few questions answered...and more and more of the Opposition's questions are met with an arrogant response by the present government - indignant they should be held accountable for anything.

    The premier hardly ever answers a question posed specifically to him... and more and more questions are responded to by the deflecting "it's before the courts" refrain. Makes you think BC now stands for Before the Courts.

    The one thing that is very clear is the more the government chorus responds with: "it's before the courts" ....the more you realize that for so much to be "before the courts" the BC Rail trial must take in a vast and complex network of associations....and at the same time it tells us, this one case is only the tip of a very large and looming iceberg.

    As RossK notes :

    "the important thing to remember is that, despite all the Stonewalling, there are many things that we, the members of the public, know now that we didn't know then."

  • Dr Alexander

    3 years ago

    The "Can't say anything because it is before the courts" is crap

    Anyone can say anything they want. We have, for the most part, free speech in this country.

    If it is a matter that is before the court, any statements made outside of court are not under oath. Thus, the Judge and jury understand that these comments are to be taken with a grain of salt.

    I mean, if police force members can submit depositions of what happened at a tasering incident and have it shown on video that what they submitted is at virtually complete odds with what really happened, and then go on to have these deposition to be simply labelled "inaccuracies" rather than outright lies, then how much doo-doo can somebody get in by making a statement.

  • G West

    3 years ago

    And further, Dr Alexander

    The case in question is being heard by judge alone - there is NO JURY POOL to pollute....

    The fact of the matter is that Wally Oppal was a pretty mediocre judge when he sat on the bench.

    During his career as a appellate judge he wrote no more than a handful of judgments (you can look it up) and merely concurred with his brother and sister judges the rest of the time.

    He is equally shaky in his position as Attorney General and chief puppet for de Jong and Campbell on those many occasions when the principles of this action (who've been aware of what went down from the outset) need someone to stand up and recite the rosary for the party.

    The fact of the matter is that the Premier has been avoiding answering questions about Kinsella and CN since long before the court case ever began....that's why he always has that furtive hunted look in his eyes.

  • Dr Alexander

    3 years ago

    Indeed G West, Hunted look in his eyes.... and

    Perhaps why the Premier was driven to drink in his ill-fated Hawaii vacation.

    The position of A-G is somewhat flawed as the A-G is part and parcel of the same government that he/she is supposed to be putting under scrutiny on behalf of the the people of British Columbia. As I understand it, the A-G is ultimately the one who decides if it is in the public interest for judicial action to take place or not take place.

    I should not be surprised when it comes to politics in BC. It is kind of like those media celebrity roast that are in vogue these days. The media and political people that they are supposed to be watchdogging over are shown to be very palsy-walsy and buddy-buddy. How, in Heaven's Name are you supposed to be digging up the goods on somebody when you meet with them for a couple of drinks every Friday afternoon. It should be an adversarial relationship.

    What I see these days reminds me of the old days when I would watch Gene Kinisky wraslin' Bulldog Brown and then seeing them having a few beers in the Coldstream Hotel Bar afterwards. Their animosity was fake.

  • larryr

    3 years ago

    Oh Glen, where art thou?

    Cost of Glen Clark deck: $15,000
    Cost of Clark trial: millions

    Price of BC Rail deal: $1,000,000,000
    COST OF Basi-Virk trial: many millions and counting

    Headline in national newspaper:
    "Campbell's strategy for dealing with BC Rail allegations: Keep quiet."

    Cost of justice in BC politics: .....?
    Whither the truth?

  • G West

    3 years ago

    Dr A

    You don't know how true those words are...IN FACT, Madame Justice Bennett - and please note her extensive service in the employ of the AG as appellate counsel for the Ministry of the Attorney General and as Deputy Director of Criminal Appeals and Special Prosecutions for the Ministry of the Attorney General - was a respected member of the same club Wally runs right now.

    Things are and were, I think, very cozy indeed. In fact, I've heard, from a usually reliable source, that the current AG has indeed, quite inappropriately, spoken in public about the lady on the bench. His scrupulosity about not commenting has, apparently, been far from universal when he is not speaking in the legislature and there is no microphone in front of him….

    I did not hear those remarks myself and wouldn't think of repeating them but I'm told a certain member of the Victoria press club did....

    Whether or not that person thinks it might be important to report them or not is a question that person should be asking.

    Time was when the Attorney took the role of the chief law and justice officer for the province VERY seriously....

    Keep ducking Wally, apparently, the people of Delta aren't buying.

  • SharingIsGood

    3 years ago

    Every time

    Every time I see that smiling photo of Wally Oppal it feels like he is laughing at me. Campbell is a bully, and his Cabinet (which includes Oppal) and back benchers are lilly-livered suck-ups to that bully. They fear him, and they are worthless bootlicks. I have no respect for any of them.

  • morechatter

    3 years ago

    Wally Oops I did it Again??

    I don't think so Wally as voters sit in deliberation? Whats Wally good for?
    When it comes to crime????
    Just check his stats if you can trust them???? to lie...
    The Liberal Party, the Government Party most likely leading many to
    the path of crime would go to the top contender Wally Oops they did it again Oppal as he finds himself looking for a new tune after the election?
    What are we going to talk about if the Liberals are gone as without a doubt Campbell's Liberals have given many much to talk about.

  • SharingIsGood

    3 years ago

    talk about

    Morechatter,
    We will be able to talk about hope and reduced poverty and better health care and less crime and the move away from all of the negatives that Campbell has created/allowed on his watch. I look forward to it.

  • Fish-counter

    3 years ago

    Why would Wally Oppal come clean on anything?

    This Liberal government is as corrupt as any in the province's history. From the premier's drunk driving charge in Hawaii, the Queen of the North sinking, BC Railgate to Robert Dzeikanski's murder-by-cop, this government has a signal record of failing to dispense justice. They are all poster-boys for irresponsibility and arrogance.

    The Solicitor-General has just resigned over his loss of driving privileges; several candidates have been charged with drunk driving. what else do we need to know? The government has ridden roughshod over the people since they were elected.

    It is no coincidence that 19 people have been killed in 40 shootings in Vancouver this year, or that several RCMP are being charged with drunk driving offences. They are merely following the premier's excellent example.

    Unfortunately, the alternatives are no better. The NDP have a crisis of identity with the Carbon Tax. Run-of-the-river hydro is a pre-planned disaster waiting to happen. I know people who have left BC to return to Alberta because they can't stomach the politics here.

    The one promise in the entire election that is worth anything is the one from the Green Party to create a provincial police force and elimiinate the RCMP. It will not happen, but it should.

    Ironically, I am grateful for the right to say these things without disappearing. This is still Canada.

    • The discussion for this story is closed. No more comments can be added.