News

Elections BC Forwarded Alleged Illegal Advertising to RCMP

Solicitor General Kash Heed steps down citing investigation.

By Andrew MacLeod, 9 Apr 2010, TheTyee.ca

Heed

Kash Heed Heed announced today he was stepping down as the minister of public safety and solicitor general.

The RCMP investigation involving former Solicitor General Kash Heed is related to a brochure that was distributed during the provincial election campaign, the Tyee has learned.

"We did forward an issue to the RCMP," said Nola Western, Elections B.C.'s executive director in charge of electoral finance and corporate administration. "We did not know at that time it had anything to do with Kash Heed or any other candidate."

Heed announced today he was stepping down as the minister of public safety and solicitor general during an RCMP investigation into Elections Act violations.

Under the Elections Act any election advertising has to include the name and contact information for a registered sponsor. During the election a brochure came to Elections B.C.'s attention that had no sponsorship information on it, said Western.

While it didn't mention any particular candidate, she said, "They were brochures that were very critical of the NDP."

The RCMP reportedly told reporters in Vancouver that the investigation related to Heed came from a complaint made to Elections B.C. and passed on by the agency to the police.

Terrence Robertson has been appointed as the special prosecutor in the case, the criminal justice branch of the ministry of the Attorney General announced today. The announcement noted that the police investigation was into "possible offences involving [Heed's] campaign office."

Anonymous brochure upset opponents

Heed's NDP opponent in Vancouver-Fraserview was Gabriel Yiu. Yiu did  not respond to a phone message by publishing time, but the Tyee reached Helen Lim who volunteered on his campaign. She said she remembered the brochure well.

"I threw mine away," she said. "We were really upset."

The brochures were written in both Chinese and English, she said. "The Chinese was worse than the English." It alleged that Yiu and the NDP supported an inheritance or death tax, something that wasn't true, she said. "That to Chinese people is very taboo."

The brochures also incorrectly said the NDP would force everyone to join unions and people who did not join unions would not be allowed to work, she said.

'I have done nothing wrong': Heed

"I am confident that I have done nothing wrong," said Heed's statement. "I fully support the RCMP's efforts and will be co-operating fully with the investigation."

Heed will continue to represent his constituents as an MLA and Attorney General Michael de Jong will act as Solicitor General.

"I have concluded, out of the respect and regard for the office of Solicitor General of British Columbia and to ensure the continued integrity of that office, that the appropriate action is to step aside pending the outcome of this investigation," Heed said. "I have spoken with the Premier and he has accepted my decision."

When Heed first learned of the investigation on March 24 he was told he was not a subject of the investigation, his statement said, but on April 6 was informed the "investigation was evolving" and the RCMP wanted to interview him to determine if he had a role in the allegations.

On April 7 his lawyer found out a special prosecutor had been appointed in the investigation. Special prosecutors are appointed in situations where "there is a significant potential for real or perceived improper influence in the administration of criminal justice."

Heed, a former West Vancouver police chief, was first elected in June. He is the third B.C. Liberal solicitor general in two years to resign under a cloud.

John van Dongen stepped down after his record of driving infractions became public during the 2009 election and former Chilliwack mayor John Les moved to the back benches in 2008 after it was revealed a special prosecutor had been appointed in a matter related to land deals while Les was mayor. The results of that investigation still have not been announced.

"These are clearly serious allegations," said NDP public safety and solicitor general critic Mike Farnworth, noting that most people will find it disturbing that the last three Liberals to serve as the top police officer in B.C. have each had to resign due to police investigations.

Farnworth questioned why it took until Friday afternoon for Heed to make his statement when he's known about the special prosecutor since Wednesday. "That's typical take out the trash day with this government," he said. "I think the timing is more to do with government damage control."  [Tyee]

37  Comments:

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  • myworld2

    2 years ago

    Heed

    Election campaigns are all about the candidate and the candidate is responsible for all aspects of the campaign. Campaign brochures are expensive and can make a difference. If a brochure came via Heed's campaign office and he was unaware of it, too bad for him. He was responsible for building a team that he could trust.

  • Takuan

    2 years ago

  • wstander

    2 years ago

    Tin ear or desperate?

    The Campbell Liberals appoint Terry Robertson to be the special prosecutor. The same Terry Robertson who they appointed in the Bountiful polygamy case after two other special prosecutors said no charges should be laid.

    In the Bountiful case Robertson recommended charges, which was what the government wanted.

    An interesting dilemma. Does Robertson keep the "recommend what the government wants" streak going, or does he keep the "recommend charges" streak going?

    He can't do both in this case.

  • Conductor274

    2 years ago

    Liberal lies

    [NOTHING'S BEEN PROVEN. UNSUBSTANTIATED ALLEGATION REMOVED. -MODERATOR.]

  • shepsil

    2 years ago

    @ Takuan - here's the direct link!

    http://www.wikileaks.com/

    The article in Mother Jones you referenced above was not very supportive of Wiki Leaks and seems to have been torn to shreds and discredited, judging by the comments.

  • Norman Farrell

    2 years ago

    Heel training for the leash holder?

    Three Solicitors-General taken out by police scrutiny. Heed particularly was driving for reform in transparency and accountability, despite the apparent reluctance of cabinet colleagues. Now, he is gone because the RCMP opened a file? But the drunk drivers and land speculators can stay?

    We have many examples of police and politicians washing their hands together. We must de-politicize the administration of justice in this province.

    Learn more about the behavior of some in the justice habitat:

    http://northerninsights.blogspot.com/2010/04/police-squad-from-encyclopedia-of.html

  • G West

    2 years ago

    @Norman

    Coming, as you do, from the North Shore, I'm sure you're aware of Mr Heed's other convenient resignation in the face of some other interesting allegations...

    No doubt you remember that he resigned his position as the West Vancouver Chief of Police after he was accused of improperly disclosing information about the upcoming criminal charge of, what was it now, child pornography.

    Seems he had a little tête-à-tête with a police board member who happened to be a co-worker of the putative accused who was about to be charged.

    As I recall, Russ Chamberlain made a statement to the press (Vancouver Sun) concerning these matters....

    "Criminal lawyer Russ Chamberlain said Friday there could be a case for obstruction of justice against Heed, and that anyone could file such a complaint. He said it would depend on Heed's motive for disclosing information about the investigation."

    "You've got a smoking gun," Chamberlain said. "You don't have a conclusive case based on what I've seen, but you've sure got a lot of suspicion."

    Maybe now would be a good time to bring up a little more of Heed's 'record'.

    Y’see, I think that’s often the problem with those tight little family compacts called ‘squads’ – they pretty much think of themselves as being outside of and superior to the discipline of the rule book and the canons of legal ethics.

  • Norman Farrell

    2 years ago

    WVPD is more complicated that that

    I believe that Heed was trying to do the right thing at the WVPD but ran afoul of the old boys. His trouble began when he overturned the questionable internal report after a drinking party at the station resulted in a WVPD officer driving away drunk and being involved in a collision. Despite that misconduct, the officer was put up for promotion not long after.

    There had been the usual circle drawn around the story but Heed didn't buy in. He further offended them when he "suspended without pay" the WV constable who was involved in swarming an old man. After Heed left, it was disclosed that the guy was reinstated with minor punishment, that has now come under scrutiny of the police complaints commissioner. The WV bunch was so entrenched that Heed had to move on. You don't throw out the team, you discharge the coach.

    Reminds me of the Bruce Chambers case at VPD when the old guard simply would not accept a new guy who aimed to see things done differently. Gradually those old clowns were pushed out and today we have a modern man as VPD chief. Publicly, he supports the troops but he is also kicking ass.

  • Takuan

    2 years ago

    my choice was deliberate

    I believe in Wikileaks. Thanks for the direct link though, the sentiment is appreciated.

  • A Guenther

    2 years ago

    Norman Farell

    Actually i'm really torn on this one. Maybe it's simply that I find it hard to believe that we could actually have a good guy on Campbell's team, or maybe because of the following.

    After all, Heed was referred to as "Campbell's rising star candidate" whom he appears to have been preelected for solicitor general even before the election results were in.

    I watched the election from Heed's candidate office and it was appalling. I'm thinking it was a perplexed Bill Good from ctv that was there, and with 20 or so poll stations in, out of 120 or so, the workers there were dancing all around Heed and declaring victory. Strange only I guess unless you knew it was a foregone conclusion that you were going to win.

    Next I guess is the fact that Wally Oppal was deliberately moved to another riding away from that one, where he of course, lost... Oppal originally being another personal pick of Campbell to join him and become attorney general.. apparently they had a falling out.

    Because of this article I was not at all sad to see him go:

    http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20090530/BC_gun_crime_knowledge_090530/20090530/?hub=BritishColumbiaHome

    Who handles election campaigns when the candidate is deemed to be a shoe in? I think it's pretty clear. The only thing I'm wondering at this point is why did it take almost a year for this to come under scrutiny?

  • Takuan

    2 years ago

    by definition

    you cannot have a "good guy" on the Campbell team. It cannot happen. What you DO have are people who have felt above the law for so long they have forgotten they are indeed [COMMENT REMOVED. -MODERATOR.].

  • Norman Farrell

    2 years ago

    Good guys or bad guys. who knows?

    I agree with Takuan's statement. If they are still Liberals, it is because they are happy with the agenda. When you look at the massive MLA pension funding for retroactive service, you know they are being well rewarded. How many millions did that involve?

    I'm told by news people there is no 'expenses' scandal likely to unfold here the way it did in Britain, but I wonder. Long ago, I spent time in municipal auditing and was always amazed how the payments to minor politicians mounted in the non-salary areas. It was a game that nobody talked about because they all did it.

    I don't know for sure that Heed was absolutely clean but I know he was scaring some well entrenched police people with his talk as S.G. The new civilian oversight he was planning was a potential game changer that probably is out the window.

    I rate the outrage potential of Heed's election spending question as rather mild. What will it amount to is the question but, at worst, someone other than Heed printed a partisan flyer without showing appropriate agent information. That is much less offensive to citizens that the calculated lying involved in the pre-election budget issues.

    Based on the record, I think that Heed may have been set up to get him out of the way. He has afterall a very long record of public service that earned him a high rank in the VPD before the most recent change happened. Heed and Bob Rich stepped out when not chosen the new VPD chief. That allowed the appointee to insert his own people at the top so they were doing the right thing.

  • A Guenther

    2 years ago

    Norman Farrell

    3 SG's in two years?

    It actually makes me wonder what there is about that position.. possibly something they all brought up and wanted to change... it might be civilian oversight. I guess only Campbell knows for sure.

  • G West

    2 years ago

    I'm more concerned with Heed's discussion -

    [UNPROVEN ALLEGATIONS MUST BE PHRASED AS SUCH. -MODERATOR.]

    In my view it simply fits the mold for a Campbell appointment - combined with the details of his nomination and now this election issue I can't see him as any different from the other members of Campbell's cabinet.

  • Truth serum

    2 years ago

    @ Norman Farrell

    You don`t know what you are talking about Norman..Gabriel yui complained from day one about Heed and his electioneering..

    As for Kash Heed in West Van, [UNPROVEN ALLEGATIONS REMOVED. -MODERATOR.],Pamela Goldsmith Jones cut him a cheque and said git!

    Heed made more money as police chief than cabinet minister.

    [UNPROVEN ALLEGATION REMOVED. -MODERATOR.]

    Give your head a shake Norman! Kash Heed should of known better,he didn`t ruffle the establishment,Heed is a filp flopper,

    Heed was in favour photo radar,Campbell said no photo radar so pretzel bends to his master.

    [OFFENSIVE AND UNSUBSTANTIATED CLAIMS REMOVED. -MODERATOR.]

    And you Norman put Kash Heed on a pedestal,what the hell has Heed done,???NOTHING,a huge severance he didn`t deserve, oh I bet his soft voice has fooled you!

    Kash Heed after the Jack Crone affair should not have run for office, oh yea,protect the rich boys club.

    [OFFENSIVE COMMENT REMOVED. -MODERATOR.]

    The election financing is only part of it..A brochure full of lies,the NDP will legalize drugs,force people to join unions,death taxes,all looking like a professional brochure,

    [UNSUBSTANTIATED CLAIM REMOVED. -MODERATOR].

    A game breaker,tough stuff, like anyone in Campbell`s camp has a voice or power,

    [OFFENSIVE COMMENT REMOVED.]

    You think Mary Polak,or Shirley Bond or Mcdiarmid or anyone makes decisions.next thing you know you will be praising, oh yea,you already did!

  • Okanagan Orchardist

    2 years ago

    Justice is not the same everywhere....

    From the article above:
    "Under the Elections Act any election advertising has to include the name and contact information for a registered sponsor. During the election a brochure came to Elections B.C.'s attention that had no sponsorship information on it,"
    A similar case occured earlier this year where a complaint was laid against members of council for accepting third party advertising paid for by an unknown individual. They named the individual as "Anonymous"on their financial disclosure papers. However, the sum of his ads were far over the limits allowed. A complaint was laid against Council members. The RCMP, however, refused to lay charges because the complaint was "too late." Too late being a matter of 3 months. How is this case any different? Where is the justice when a crime has been committed? If someone robs a bank and the culprit is apprended 3 months after the fact, is it too late for the RCMP to press charges?

  • A Guenther

    2 years ago

    got your spreadsheets started up?

    http://www.bclc.com/cm/aboutbclc/arthurwillms.htm

    to Okanagan Orchadist,
    Then there is this, which was brought to the attention of elections BC on the same day:

    http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20090513/twitter_election_090513/20090513/?hub=BritishColumbiaHome

  • G West

    2 years ago

    Trudi Brown

    Happens to be the niece of long time Liberal organizer and back room insider Mae Brown....Nice to see Gordo is keeping it in the family

  • shepsil

    2 years ago

    @ Takuan - This profile in the Sunday Times favoured by JA

    As favourably Twittered by the subject, Julian Assange:

    "Profile on WikiLeaks editor (mostly, not entirely, correct) | Sunday Times" http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/article7094231.ece

  • Takuan

    2 years ago

    if your politicians are dirty,

    and your cops are dirty and your courts are dirty...
    What do you do? We don't even have a newspaper in our largest city here in BC.

    Violence is not an option. Perhaps we should be looking at the history of South American societies. In almost every case they have somehow survived massive corruption and total democratic dysfunction (and outrageous violence) while under the rule of wealthy cliques, yet I still see some have progressed - while we regressed.

    How did they make it work for the people? And how much lower do we have yet to descend?

  • shepsil

    2 years ago

    Support the media and an open internet.

    The traditional media are either too supportive of the current politics, ignorant of the consequences or too timid or cowardly of the powers that be. Sites like TheTyee, WikiLeaks, The Georgia Straight and all the individuals blogs and comments seem to be our only hope right now here in BC.

    The Liberals have clearly gone down the Shock Doctrine road. They are cutting and slashing as fast as they can under the pretense that private for profit is the only model that works. When really it is just a cover for raping and pillaging our society and the existing democracy, such as it is.

    At this rate, there will be many who will be forced into a corner and will come out fighting. Does that make violence an option? That depends on whether laying down and dying is an option? Once we enter the next level of financial turmoil, all bets are off. The underpinnings of the status quo are creaking and I will remain optimistic, but how unstable life will get for the common man is not something that gives one any hope. In fact hope should probably be thrown out the window, because the greed that exists in the world is not going to disappear until the greedy have us all living in the streets.

    I ask myself at what point will I resort to violence to stop this greed? I don't know! But I do know that the cuts to our social benefits are only just starting, unbelievable as they are.

  • Takuan

    2 years ago

    before violence

    (and violence IS an option, just the last option - do not entertain it unless you are willing to die for what you believe, you and your family as well) consider this: if exposure of their crimes is meaningless since they own the legal process, then expose their private crimes. The infidelities, the alcoholism, the drug addiction, the perversion. Beasts, ,thieves, psychopaths, they are still vulnerable since they live in society.

  • A Guenther

    2 years ago

    Takuan

    I trust you saw Julian Assange on Colbert tonight?

    "if your politicians are dirty,
    and your cops are dirty and your courts are dirty...
    What do you do?"

    How boring would it be if we had a set of instructions to follow? Keep doing what you are doing.

    I've been studying Harper's hair btw, mostly because it looks so fake. Think he has a toupee?

  • Takuan

    2 years ago

    no actually,

    I'll look for that, thanks.

    Harper's hair: that's a deliberate choice. He realized early that he had to draw attention away from his eyes.

  • Takuan

    2 years ago

  • Takuan

    2 years ago

    Hello Dear Moderator!

    a small question if I may? I believe I used the word correctly:

    crim·i·nal (krm-nl)
    adj.
    1. Of, involving, or having the nature of crime: criminal abuse.
    2. Relating to the administration of penal law.
    3.
    a. Guilty of crime.
    b. Characteristic of a criminal.
    4. Shameful; disgraceful: a criminal waste of talent.
    n.
    One that has committed or been legally convicted of a crime.
    [Middle English, from Old French criminel, from Late Latin crminlis, from Latin crmen, crmin-, accusation; see crime.]
    crimi·nal·ly adv.

    Have I misconstrued the Rules of the House in some way? I am quite sure that I can make successful argument in each and every case that those referred to fit the defintion of the term in at least some sense.

  • G West

    2 years ago

    Fine

    I'm more concerned with the allegation that Heed discussed with a member of the police board the fact that one of her colleagues was about to be charged with a child porn offence.

    Here's the most recent reference (quoted directly from a Globe and Mail article) and I think it's MORE than an allegation by the way -

    Quote:
    Mr. Heed’s entrance into politics came coupled with controversy when it was learned the West Vancouver police board had dropped a complaint against him because he had resigned before it was filed.

    Quote:
    Mr. Heed had been accused of interfering in a child-pornography investigation by disclosing information to a police-board member who worked at the same company as the suspect.

    Quote:
    After the police board dropped the issue, the complaint went before the B.C. Office of the Police Complaints Commissioner, but after a review that body determined the police act doesn’t apply to ex-officers.

    Globe and Mail: Ian Bailey and Mark Hume, April 9, 2010.
    url:http://www.theglobeandmail.com/news/national/british-columbia/bc-solicitor-general-kash-heed-resigns/article1529591/

    [IF THIS IS TRUE...] Someone of his experience had to know that was both unethical and held the potential to create a situation where an accused might get off.

    [IF THIS IS TRUE... ] It shows an extreme lack of judgment and should have ruled him out as a potential cabinet member - in that portfolio at least.

    In my view it simply fits the mold for a Campbell appointment - combined with the details of his nomination and now this election issue I can't see him as any different from the other members of Campbell's cabinet.

    [COMMENTS IN BRACKETS BY MODERATOR. GWEST, WE UNDERSTAND YOUR NEED TO DISCUSS THIS ISSUE AND WE DON'T WANT TO BE HEAVY HANDED BUT YOUR PHRASING PRESUMES GUILT AND NO GUILT HAS BEEN ESTABLISHED. -MODERATOR]

  • Norman Farrell

    2 years ago

    Heed this

    I explained my speculation about the West Van case but at least we are aware that the accused was dealt with and sentenced in court. Allegations here that Heed was trying to interfere with justice in that case seem a little weak since no one can claim that the case was diverted or delayed. Now, had he removed the investigators and sat them aside, that would be a totally different set of allegations. At most a police chief admits to talking with a person charged with oversight of the police department, something done routinely. We have zero evidence that an attempt was made to achieve an inappropriate end. And, of course, the conviction was secured, the accused was jailed and, according to the judge, experienced shunning by his family and financial consequences of more than $2 million dollars.

    Those who think that outcome inconsequential should consider the effect on people of this province by operation of the major political frauds. Vaughn Palmer says the latest scheme tied to Heed was a "classic roorback" and Heed's association with a backroom political fixer is worthy of detailed examination. That figure has skulked through many back rooms, allegedly.

    Let us not allow the miscreants to divert attention from huge problems so that we can kick the shins of one of their most junior players. Campbell and friends will happily sacrifice Heed and perhaps already did, so that the remaining schemes can proceed untouched.

    I fear there is a direct connection between the Premier's office and the highest levels of the RCMP and that link was threatened by the Heed's public accountability plan for all police, including the federal force.

  • G West

    2 years ago

    Norman

    My contention is that Heed was damaged goods only as a potential candidate for SolGen before he was:
    a) chosen to take up the cudgels in Wally Oppal's riding; and
    b) before he became 'linked' with the current 'problem' with violating the BC Elections Act.

    Campbell should have done a better and more complete job of due diligence on Heed - and he had plenty of time to do it before he appointed him as SolGen.

    He could have given Heed another cabinet post where his 'history' would not have been a problem, for example.

    My concern is less with making a fall-guy out of Kash Heed than it is, once more, with critiquing Campbell's record as CEO for the serial mistakes he's made in choosing his Solicitors General.

    What you're suggesting, I think, is something far more sinister than the violation of the Police Act.

    There is, of course, the added irony of having in this province a Police Act and a Police Enquiry Commission which is unable to address the kinds of things a Police Officer may have done on the job once he has ceased to do that job – that, in itself, is something which needs to be addressed at the earliest opportunity. One wonders how committed Heed might have been to making the necessary changes to a law which would, mutatis mutandis, in future, have caught “any” individual who chose to resign rather than face charges…even, perhaps, retroactively!

  • G West

    2 years ago

    Further

    I also think it need to be noted that the reason for being concerned about Heed's actions in relation to a criminal prosecution is not in any way cancelled out because of the particular facts of the case.

    I am concerned about the proper administration of justice and not so much concerned about the fate of a particular accused.

    And I am very concerned about a police chief who takes his or her responsibilities as lightly as Heed has 'seemed' to in these circumstances.

  • morechatter

    2 years ago

    Yet Another Bites the Dust

    What is it with these guys? What is Campbell looking for when picking a Public Safety Minister, someone to keep six? Makes you wonder as Coleman lets the party know there is trouble headed there way? Know worries though as it is all kept under wraps as the public is left in the dark room. Heed was under controversay going in and he is under controversay going out. And it makes you wonder why Campbell is looking for in a Public Safety Minister that these guys can't get right. Corruption trickles down and not cash no pun intended as if anything I want something better for the men and women who do go out and defend the public like some class.

  • Norman Farrell

    2 years ago

    G West, you make good

    G West, you make good arguments and yes, I am suggesting something more sinister is afoot. I blog about it regularly and it has everything to do with the 1 percenters putting their hands on even more of the public wealth than they now hold.

    BC Rail, BC Hydro, private power, private education, high tuition fees, healthcare privatization . . . It's all there, the public sector is being eliminated. The corporate media, weak labor unions and, I fear, soon the Internet**, together play roles in remaking our society but not for the benefit of most citizens.

    ** Telus, allegedly, has already experimented with throttling traffic going to blogs. My site, and many others in the "unofficial opposition" were becoming inaccessible at times. There is one blog site that regularly loads very, very slowly for me using a Telus connection but responds normally from a Shaw connection. Google by the way confirmed that the only blogs affected during one particularly bad time were blogs with a Telus router in the stream. Further, a US court recently held that FCC cannot make rules against internet providers managing content flow. That is the thin edge of a very dangerous wedge.

  • Norman Farrell

    2 years ago

    Point missed

    I should have reinforced the main message. As the civil rights workers used to say, "Don't take your eyes off the prize."

    Heed may well be politically dead but that matters little if attention is diverted from other things. For example, Sean Holman reports that Hansen just appointed a former director of private Cambie Surgeries Corp as chair of the Vancouver Coastal Heath Authority. That is part of the privatization plan that has been put in gear.

    'They' are happy for critics to kick around Kash Heed while they make off with crown jewels.

  • G West

    2 years ago

    POINT TAKEN NORMAN

    I think there may be some other things to watch closely in the next few weeks as well...

  • Takuan

    2 years ago

    the cheerful use of racism

    by the powerful has never ceased to astound me, even more than the stupidity of the objects of it who think they have been invited to the table.

  • Takuan

    2 years ago

  • brg61

    2 years ago

    Election act applies to everyone.

    Campbell showed little respect for the law when he suggested this was a trivial matter that would go away soon. Realizing the arrogance of his comment he said he was responding to his media friends who failed to see any problem.
    Gotta love our lame and obsequious idiots in the main stream media.

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