News

Robertson's Previous Decisions Now Clouded, Say Critics

Special prosecutor's actions on Dobell case and others are tainted, argue some, but de Jong won't 'try to rewrite history.'

By Andrew MacLeod, 7 May 2010, TheTyee.ca

ken-dobell.jpg

Ken Dobell: Robertson opted against influence peddling charges.

Text size:

Rate this:

Login/Register

Related

Earlier this week, Vancouver lawyer Terrence Robertson withdrew as the special prosecutor overseeing an investigation into Kash Heed's 2009 election campaign in Vancouver-Fraserview. Now a British Columbia Conservative Party spokesperson says other cases Robertson worked on should be reviewed.

The first to be examined should be Robertson's work on the case involving Ken Dobell, the former deputy minister to Premier Gordon Campbell, said Dean Skoreyko, who ran as a Conservative in Vernon-Monashee in last year's election.

"Nobody seems to be making the Dobell connection," said Skoreyko. "It's an identical situation, if not even worse."

But neither Attorney General Michael de Jong nor a spokesperson for the criminal justice branch, which appoints special prosecutors, says there's any interest in revisiting Robertson's other decisions.

After declining to approve charges against former solicitor general Kash Heed, but charging three people including Heed's campaign manager and financial agent with criminal and Election Act violations, Robertson withdrew from the case revealing that his law firm Harper Grey LLP had donated $1,000 to Heed's campaign.

"I have concluded that my continuing as Special Prosecutor on this matter may well provoke comment from the public and the media as to whether I am sufficiently independent to act as Special Prosecutor in this matter," Robertson wrote in his May 4 resignation letter.

Deeper ties

As the week unfolded, the New Democratic Party raised more connections between Harper Grey and the B.C. Liberal Party. An NDP summary of Elections B.C.'s records show Harper Grey and Harper Grey Easton, as the firm was formally known, have given $57,231.50 to the B.C. Liberal Party and its candidates since 1996.

Former Liberal Party president Andrew Wilkinson worked at the firm before 2001. Bryan Baynham, who vetted candidates for the Liberals in the 1996 election, is a partner.

Nanaimo MLA Leonard Krog noted in question period Thursday that the firm has done $7 million worth of work for ICBC, a Crown corporation reporting to the solicitor general, since 2001.

Robertson himself gave $1,000 to the Liberals shortly after last year's election. In 2005 the firm donated to former Attorney General Wally Oppal's campaign.

The connections had Skoreyko questioning Robertson's earlier work, especially on the Dobell file. "Why wasn't that conflict investigated then? Did alarm bells not go off?"

Cleared Dobell

Dobell, in 2008, pleaded guilty to violating the Lobbyists Registration Act, a transgression for which his penalty was to write an essay.

Robertson decided not to press ahead with the more serious criminal charge of influence peddling, despite concluding there was a "substantial likelihood of conviction."

Dobell had "influence" as it is understood in the law, Robertson found in his report. "By design, Mr. Dobell's Special Advisor contract was intended to provide 'continuity' with files he had worked on as Deputy Minister, and his statements make clear that the term 'Special Advisor' was chosen specifically to indicate that he remained a person of some influence and credibility."

Dobell wanted it known that he was linked to Premier Campbell, he wrote. "Mr. Dobell recognized that people would assume that he would make recommendations to the Premier and that those recommendations would have some credibility."

However, Robertson decided it was not in the public interest to seek a conviction.

"Mr. Dobell held an honest but mistaken belief throughout that his activities were lawful," he wrote, referring to his work on a social housing contract for the City of Vancouver. "He cooperated fully and attempted to be an 'open book' in the Special Prosecution (and in the investigation by [then] Commissioner [David] Loukidelis), which is corroborative of his honest but mistaken belief. His dual role was not hidden from either the Province or the City, and the City received value for the work done."

Even with a conviction, he said, the penalty would most likely be an absolute discharge.

Robertson did not return The Tyee's calls.

No plan to revisit: de Jong

Dobell is now registered as a lobbyist on behalf of the B.C. Lumber Trade Council, Belkorp Environmental Services, Seaspan Coast Intermodal, Vancouver International Airport Authority and the SFU Community Corporation.

Reached by phone, he said he had not heard about the Conservative's wanting to have his case reopened. "They're going to do what they're going to do," he said. "I have no comment."

"I think it's unfortunate that people will now reach back into history and try to rewrite it and make allegations on the basis of information that has been in the public domain for years," said Attorney General de Jong. "The donations that parties receive have been public information for years."

The process in the Heed case was unsatisfactory, he said. "But to now go back and try to rewrite history and make an assortment of allegations has more to do with advancing a political agenda than expressing any real concerns."

Robertson was also the special prosecutor who approved charges in the Bountiful polygamy case, only to have them thrown out of court when the judge found the provincial government under then Attorney General Wally Oppal had first taken the issue to two other special prosecutors, neither of whom had been willing to approve the charges.

"The branch does not intend to revisit any earlier decisions that he made," said criminal justice branch spokesperson Neil MacKenzie. "They're matters that have been dealt with."

Robertson has been a special prosecutor since 1994, he said. "He's a respected lawyer. The branch respects his integrity." In the Heed case, he said, Robertson had a lapse of judgment, but it doesn't reflect on his other work for the branch.

Changes coming

Both MacKenzie and de Jong said there will likely be changes to how special prosecutors are appointed.

A list of potential special prosecutors is determined by the deputy attorney general, the assistant deputy attorney general and the president of the Law Society. When special prosecutors take a case they sign a letter saying they have no conflicts that would preclude the appointment, MacKenzie said.

In the future the branch may point out to people specifically that political donations and work for political parties might be a source of conflict for them to consider, he said.

Many lawyers and law firms donate to political parties and people have a right to participate in the political process, said de Jong. "You have to ask yourself if perhaps we're at a point where the list of qualified candidates to be a special prosecutor needs to derive from outside of the jurisdiction entirely," he said.

Asked why the Liberals appear to have attracted more donations than other parties from people working as special prosecutors, he said, "I think they are on balance supportive of the free enterprise policies of the BC Liberal Party."

The NDP raised questions in the legislature today about whether taxpayers will be paying for Robertson's botched work on the Heed file. In the house de Jong said he couldn't say and didn't even know if he could find out, since the branch acts independently from the government.

MacKenzie said Robertson would like all special prosecutors have had a letter of agreement that would have included an hourly rate, but he could not say whether it included provisions to withhold pay when work is not completed. [Tyee]

Andrew MacLeod is The Tyee's Legislative Bureau Chief in Victoria. Reach him here.

32 Comments:

Login or register to post comments

  • Willy P

    2 years ago

    Of Course!

    Deny, deny, deny- obfuscate. That's the Liberal way! Don't stand up and take your lumps, but strew as much bull$hit a you can and there's no traction. Why is Phil Collins singing Land Of Confusion in the background?

  • BC Mary

    2 years ago

    Where's the BC Opposition? Where's the Justice Critic?

    .
    Correct me if I'm mistaken on this point: I have seen only one brief glimpse of any Opposition in this murky issue of Justice in B.C., and that's the innocuous line quoted above: "Nanaimo MLA Leonard Krog noted in question period Thursday that the firm has done $7 million worth of work for ICBC, a Crown corporation reporting to the solicitor general, since 2001." Thanks to Andrew MacLeod for going into Hansard Debates to search for this.

    So ... yoo hoo, Leonard Krog ... ? Have you been racing through the towns and villages explaining the courtroom horrors which B.C. now calls its judiciary? Have you told us what YOU would do, in a new government to make things right? Didn't think so.

    That Hansard quote was much more typical of YOU, the Justice critic, asking meekly in the Legislature about "whether taxpayers will be paying for Robertson's botched work on the Heed file ..." like, as if that's the issue here. Good grief, Krog, get a clue! Get a clue and a spine!

    Come to think of it ... this deafening silence from the BC Opposition is a strange turn of events. When a Loyal Opposition can't, won't stir itself even in a moment of legal crisis, well, it does create a certain tell-tale odour, too.

  • G West

    2 years ago

    Provoke Public Conversation......Jeez!

    It ought to do a hell of a lot MORE than that...

    The whole system of justice is twisted and broken...instead of guaranteeing an impartial and non-political outcome in investigations that involve the appearance, the actuality or the possibility of political interference, the Special Prosecutor lists and the appointments procedure have become the private playground of a few 'particular' law firms and lawyers who think there's nothing wrong with paying big money to one particular party.

    This is corruption writ large - and now we have the further spectacle of the former deputy AG - who shared the responsibility for making those appointments and creating the 'lists' of potential special prosecutors - being elevated to the POLITICAL high ground of DEPUTY TO THE PREMIER.

    You're right Mary. Can you imagine what Dave Barrett would have done with this?

    If the pusillanimous ladies and gentlemen of the press won't advance the attack (yes, it's time for attack and not just 'debate') then someone else has to do it.

    The whole rotten crew must resign.

  • alive

    2 years ago

    Justice delayes is?

    "I think it's unfortunate that people will now reach back into history and try to rewrite it and make allegations on the basis of information that has been in the public domain for years," said Attorney General de Jong.

    So, according to that everything is OK as long as you get away with it for a few years?

    If so, why did we have a trial of Nazi's after the war was over?

  • RickW

    2 years ago

    Just goes to show.....

    ....that "special prosecutors" are picked according to their donations.

  • DJT

    2 years ago

    " In the Heed case, he said,

    " In the Heed case, he said, Robertson had a lapse of judgment..."

    What about the previous cases? No lapse of judgement there? If the law firm has been donating to the Libs for a few years, why is the connection only now coming to the surface? Did Robertson's concience catch up with him? Is/ was somebody onto him? Makes you wonder.

  • Jeffrey J.

    2 years ago

    Dobell was Law Society Bencher

    The ironies and Byzantine connections in this case extend in every direction. Dobell was appointed by Campbell as the Premiere's Special Advisor. He is then appointed by Campbell as a Bencher to the Law Society, and meanwhile T. Robertson's firm donates to, you guessed it, the Campbell Liberals. Then he is appointed to "investigate" Mr. Dobell. No wonder citizens are deeply disappointed in our once progressive justice system.

    Excellent coverage!!

    http://www.straight.com/article-88347/ndp-mla-jenny-kwan-asks-law-society-president-to-consider-removing-ken-dobell-from-two-committees

    NDP MLA Jenny Kwan asks law society president to "consider removing" Ken Dobell from two committees

    By Charlie Smith, April, 2007

    Vancouver-Mount Pleasant NDP MLA Jenny Wai Ching Kwan has asked the president of the Law Society of B.C. to remove the premier's former deputy minister from two key committees.

    The B.C. Liberal government appointed Ken Dobell, now a lobbyist and adviser to the premier, as a lay bencher [governor] of the Law Society of B.C. after he stepped down as the premier's deputy minister.

    Dobell is now enmeshed in a lobbying scandal--the City of Vancouver hired him a year ago to lobby the provincial government on housing issues, but he only registered as a lobbyist in October.

    Today, Kwan wrote to Anna K. Fung, president of the law society, to ask that she "consider removing" Dobell from serving on the Complainants' Review Committee and the Discipline Committee.

    Dobell is vice-chair of the Complainants' Review Committee. It reviews complaints of those who are dissatisfied by the dismissal of their original complaints against lawyers.

    Dobell is a member of the Discipline Committee, which "reviews complaints concerning lawyers or articled students that are referred by Law Society staff, the Complainants' Review Committee or any other committee", according to the society's Web page.

    It can dismiss the complaint, order a further investigation, order a conduct review of a lawyer, or call for the issuance of a citation [the equivalent of being charged for violating law-society rules] against a lawyer for a formal hearing.

    "It would enhance the credibility of the process if Mr. Dobell was not participating on the Complainants' Review Committee or the Discipline Committee of the Law Society of BC while his own actions are subject to a fact-finding review," Kwan wrote in her letter.

  • cfvua

    2 years ago

    Yikes, MIke

    Just because something has been on publice record for years, doesn't make it right. Although when you analyze the trend towards insider favours in Camp Campbell it is easy to understand. Now he says we should go out of province to find these "special" people. I don't think thats far enough as there are too many "friendlies" in Alberta with inside connections to the Campbells. Just consider and I with some investigator would pick up on the $Billion or so that has gone out to "big Gas" in subsidies. Who knows who got them and what was supposed to be done with them (roads and pipelines, drilling etc).

  • Luck

    2 years ago

    Crime wave in BC political circles

    Another great article by Andrew MacLeod. Much appreciated.

    Lets face it BC you have a major crime wave in bc in the political circles.

    We used to hear about the gang violence in BC but the liberals have surpassed what any gang could do to joe average citizen.

    Apparently that has gone away and now the liberals are the new gang violence in town getting all the press.

    Politicians, cops, lawyers, special prosecutors are all role models for new generation crime wave we have yet to experience.

    Politicians say we have a great economy but who are we trading with???

    If economy is so great why are we the most taxed people in the so called free world??

    You need to gut the system and start over if you want the province you all used to have.

    All you have to do is look around the world and take the best from each political system and apply in BC with some honest statesman if you have any.

  • RossK

    2 years ago

    Uhhhh.....

    ....Header is wrong....

    .

  • Conductor274

    2 years ago

    To the NDP critics

    To all the NDP critics who say things like "oh my god. Can you imagine what BC would be like under NDP rule?" or any other comments that disparage the idea that the NDP could do a better job than these Conservatives who call themselves Liberals. No leader or party could possibly be worse than this bunch of Al Capone wannabes. The list of corrupt, deceitful, underhanded, uncaring, damaging actions based on lies is way too long to list. No other party has ever been so harmful to BC than Campbell and his crew of thugs and that includes Bill Vander Zalm.

  • RossK

    2 years ago

    For Those Who Would Like More Background Detail On.....

    ...Mr. Robertson's decision regarding Mr. Dobell in 2008, they can be found here.

    Here is the money shot, which was written by Jonathan Fowlie in the VSun at the time:

    ....In his report, (SP Terrence) Robertson said he believed (former Deputy Minister to Premier Campbell Kenneth) Dobell could have been convicted of influence peddling - a Criminal Code offence. But he said it was not in the public interest to charge Dobell with influence peddling because the career civil servant "held an honest but mistaken belief throughout that this activities were lawful."...

    Mr. Fowlie's piece from that time can still be found here

    .

  • greenfirefly

    2 years ago

    NDP, Liberal, Conservative, Green, same system, same result

    This demonstrates to anyone with a reasonable knowledge of BC Politics that we do not simply need some new political party to command us mere minions. The other party in BC (NDP) does not do a better job of representing us (or as they see it leading us). They to do not represent the feelings of a majority of British Columbians so why should we hand them a blank cheque to govern? We tried that from 1991 to 2001 then anger and frustration lead us into the grip of the BC Liberals.

    I have an idea lets find a new third party... oh wait a minute I covered that one already.

    New politics, starting with new electoral system, mandatory voting, electronic voting (don't give me the crap about security I just filed my tax return electronically), new reporting system where everything related to government goes online in a fashion that a person in grade 1 could find it.

  • Roisin Dubh

    2 years ago

    Separation of Powers as practised by Liberals

    Firstly thank you Andrew for your work.We certainly need people and press like the Tyee in this incresingly corrupt province.
    EDITED FOR LEGAL CONCERNS. THE TYEE THREADS AREN'T AN APPROPRIATE PLACE TO PRESENT PERSONAL LEGAL ISSUES. -- TYEE MODERATOR

  • Skywalker

    2 years ago

    Any change could not be worse than this bunch.

    BC Mary is dead on in her comments about the milquetoast opposition on this issue. Conductor 274 is also right on. That it is followed the comments of greenfirefly suggests that the population can't tell crap from shinola. I mean really, the NDP in the 90's made some mistakes but as corrupt as this bunch? Not in your wildest dreams! A little thought might go a long way.

    I am baffled by the wholesale give away of BC's resources, the corrupt purchase of IPP power at a price above what it sells for, The constant flow of money to friends, the legislation that favours sectors that support Campbell and are liberal donors. It goes on and one like the energizer bunny and you still have these liberal voters coming up with their escape, "they are all bad". No government is perfect, some are just worse than others. This bunch has been worse than all others that preceded it. Anything other than liberal is bound to be better, since it cannot be any worse.

  • Dukeboy

    2 years ago

    deJong "History"

    deJong might want to call it "rewriting history' but I prefer the correct old-fashioned word of Corruption! This government has been corrupt since even before the election it won in 2001. Their elections themselves were corrupt and financed by the corporations. It is the corporations that are benefiting at the expense of the people and education and healthcare.The corruption will continue until they are gone from office!

  • wstander

    2 years ago

    "Mr. Dobell held an honest

    "Mr. Dobell held an honest but mistaken belief throughout that his activities were lawful," (Robertson) wrote,

    Give credit to Robertson for consistency. He obviously applied the same standard to his own conflicts of interest in the Heed case (albeit only after submitting the report that recommended no charges against Heed),and in accepting the Bountiful appointment (which the BSSC ultimately declared to be unlawful).

  • NicS

    2 years ago

    The Fable - An Honest Thief!

    I am not a lawyer, but to my way of thinking,

    Quote:
    "an honest but mistaken belief throughout that his activities were lawful,"

    only means that someone was either ignorant of the law or considered himself above the law.

  • Skywalker

    2 years ago

    Have ya'all noticed.

    The silence from the usual pro liberal posters on all of the stories related to the on-again off-again Solicitor General and special non prosecutor is deafening.

  • North of Hope

    2 years ago

    Cartoon

    http://thechronicleherald.ca/toon.php

    Check the above for a view of the liberals. It also works for the BC Liberals as well as the NS Liberals. But do it today.

  • Dungeness_Crab

    2 years ago

    Do it right

    Mandatory voting (as another poster mentioned above) and proportional representation are the cure for the ills that plague us in BC.

    Until we see both implemented, we will continue to be beset with this type of criminal behavior.

    Why? Because THEY CAN.

  • happy

    2 years ago

    "an honest but mistaken belief.... that activities were lawful"

    Sounds like Dobell and this guy have a lot in common

    "stems not just from his inability to draw a line between his private and public life, but in his apparently sincere belief that no conflict existed so long as the public wasn’t aware of what was going on."

    From the Ted Hughes report on Bill Vander Zalm. Damned hard to find honest people in politics isn't it.

  • Takuan

    2 years ago

    Developed by our very own

    Dr. Hare from right here in BC:

    http://www.minddisorders.com/Flu-Inv/Hare-Psychopathy-Checklist.html

    now, try running any of our recent "newsmakers" though this checklist and see what you get.

    Let me also recommend:

    http://www.amazon.com/Snakes-Suits-When-Psychopaths-Work/dp/0060837721

    for anyone who wishes to understand BC politics.

  • G West

    2 years ago

    True - But happy

    Campbell's BC Liberals HAVEN'T EVEN TRIED.

    To find honest people, that is.

    Also, those words, 'honest but mistaken' and 'apparently sincere' just don't cut it.

    They're nothing but false apologetics. The average man or woman gets no such excuses made for them.

    And honest men don't let others make excuses for their own bad behavior.

    They resign, they take their lumps and they get off the stage.

    We have a whole cast - stars to bit players - who are now so deeply enmeshed in unexcused errors and omissions, lies, half-truths and outright theft and misappropriation of the public interest - THAT NOTHING THEY CAN SAY OR DO HAS ANY CREDIBILITY.

    An honest man falls on his sword when he finds he has inadvertently conspired with scoundrels; there are no honest men left in the Campbell Government.

  • Roisin Dubh

    2 years ago

    Separation of Powers as Practised in B.C.

    Dear Moderator, I apologize. I hoped you might have been overcome by afternoon drowsiness. My concern was to demonstrate how the "little person", with no power beyond his/her vote is treated by the B.C. government, unless he/she can get hold of the mainstream media to blather the matter about.Answers to two very legitimate questions were denied, questions which are of major import to the practice of democracy and therefore of grave consequence to everyone.They are (1) how can a government minister dismiss a court decision by means of a letter from a government lawyer (2) how can (1) occur in a "democracy" where the executive branch of government nullifies the verdict of the judicial branch of government.The legal way to respond is to appeal the decision. I heard de Jong lecturing the Opposition on the virtues of the "justice system and the rule of law"in Question Period on May 6, in connection with the Kash Heed saga.How are the honouring of the justice system and the upholding of the rule of law demonstrated in this instance?
    These two questions the Liberals will not answer, going so far as to designate the questioner a"person of interest", that status poorly defined and badly explained but in effect for a limitless period!And this was done by phone by a policeman!A request for a notification on government letter head could not be provided as there is no such document.This is information provided by the agent of the govenment ,a police officer. This is banana republic material in my estimation but dangerous because it demonstrates abuse of power.The premier, a minister, the attorney general of the day and an MLA were all involved in this matter.
    I am always grateful to the Tyee; the trouble is that we, who read it are gnerally already converted ! I repeat the apology ,Moderator.

  • Takuan

    2 years ago

    credibility

    credibility DOESN'T MATTER. They know that, that is why they smilingly carry on. What DOES matter is the hired goon in the blue uniform standing behind them with the club and the gun. Very well, there are other forms of force.

    Wholesale tax evasion is the answer. Just stop financing their machine with our money. Just as a general strike can express the will of a disenfranchised people who have been excluded from any meaningful role in the political process, so can withholding the funds used to oppress us also serve. The enforcement mechanism would be totally overwhelmed if even just a few percent refused to pay. They rely on making a few random examples to intimdate the general population into paying. In a functioning democracy the social contract makes willing taxpayers, we are not fools, we all know taxes must be paid to make a civil society. In a shattered political system such as we find ourselves in now, all bets are off. All we need do is change our culture, instead of grumbling and paying as little as legally possible , grumble and pay half of what we know is owed. The world is rife with examples of societies that work that way. When I say "work" I don't mean like the BC we used to have. Greece today is a good case in point of where it ultimately leads.

    Untenable in the long term or not, a culture of rabid tax evasion may be our last weapon.

  • John Greg

    2 years ago

    Takuan ~ Tax Evasion

    One problem with tax evasion is that people will go to jail, be made "enemies of the state" in the mainstream media, and pay the consequences for, possibly, years to come.

  • Takuan

    2 years ago

    yeah

    if few do it and are clumsy about it. Any civil disobedience needs a broad base to work. As I said, tax enforcement is like policing; they only function with the consent of the governed. If the majority of the people feel they are being screwed and have no hope of recourse, it takes off like wildfire. Change your culture so holding back money from your exploiters is a badge of pride not shame. Imagine a starting year where EVERYONE makes an "error" in their return. Just let them try to catch up.

  • sunshine coast girl

    2 years ago

    Vander Zalm left Happy...

    Dobell's still there. That's the difference.

  • alive

    2 years ago

    highly educated idiots?

    Headline: "Previous Decisions Now Clouded."

    Maybe that comes from having ones head in the clouds, not connected with the earth?

  • damngrumpy

    2 years ago

    It will be a tough sell now

    The former special prosecutor was tainted and if he did any other cases they are tainted. That in my opinion should apply to all law firms that give money to political parties. Wouldn't it be nice to have the
    law read, any business who gives money to a political
    party must register as a lobbyist.
    Face it if law firms or accountants etc, give to a
    particular party and then apply for business with the
    government or the party they gave money too, the decision to me would be suspect. There is more questions than answers regarding the report.

  • Iwannajob

    2 years ago

    RUN

    If you ever hear the words lawyer and trust, honest, ethical in the same sentence run the other way!

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