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Thirty New Railgate Questions
Citizens deserve answers after abrupt end to BC Rail trial and plea deal costing taxpayers $6 million.
NDP Leader Carole James.
[Editor's note: To the previous 70 questions the BC New Democrat opposition raised in 2008 about the BC Rail corruption trial, party leader Carole James has added 30 more. As listed in a press release circulated on Tuesday, here they are:]
1) It's now clear that the guilty plea by former ministerial assistants Dave Basi and Bob Virk was contingent on the decision by the government to foot the full tab for their legal fees. It has led to a concerns they used $6 million in taxpayer dollars to secure a guilty plea to sweep the B.C. Rail corruption trial under the rug. How does the government explain that?
2) Why did the B.C. Liberal government try to hide this information for a week?
3) The attorney general [Mike de Jong] originally stated that the decision to let Basi and Virk off the hook for their legal costs was made by him based on a recommendation made by his deputy minister -- but later noted he had nothing to do with the decision. Why did the attorney general issue contradictory statements and which one is the correct version? What evidence can the attorney general provide to support that claim?
4) We have been told that taxpayers are on the hook for millions of dollars for Basi and Virk's legal fees -- what is the exact final total? Will the government release the amount paid for legal services provided by the special prosecutor's office? What is the final total of the entire trial?
5) Has any such deal ever been struck before for civil servants who plead guilty for breaching public trust, and committing fraud? Can the government provide a single example of this kind?
6) This plea bargain agreement with Basi and Virk now sets a precedent for all future and current government staff. Did the government consider the precedent set by this decision?
7) The attorney general claimed that the defendants had no money to cover these costs despite evidence of property holdings that appears to contradict this claim -- can the attorney general produce documents showing that the government conducted a full review of the defendants' ability to pay in arriving at this conclusion?
8) Can the attorney general explain the different standards applied to the legal fees owed by Basi and Virk than the approach taken by the government with respect to erroneous claims by welfare recipients, for example?
9) Will the B.C. Liberals provide full disclosure into the details of the indemnification deal, and release all materials relating to the plea bargain?
10) The guilty plea statement by Basi and Virk -- a plea that we now know came in direct response to the government's commitment to cover all legal costs -- indicates that the two B.C. Liberal assistants acted without the knowledge or consent of B.C. Rail and the evaluation committee. The statement does not, notably, state that Basi and Virk acted without the knowledge or consent of their ministers Gary Collins and Judith Reid -- why not?
11) The plea statement only states that Basi and Virk "did not obtain the consent of their superiors to demand or accept these personal benefits". Does this statement mean that while Basi and Virk did not obtain permission to accept bribes, they could have received instructions or encouragement by someone in the B.C. Liberal government to strategically leak confidential B.C. Rail bid information?
12) Without evidence to the contrary, the plea statement suggests that in fact the two former B.C. Liberal ministers were aware of and consented to the actions pursued by their assistants. This entirely contradicts Premier Gordon Campbell's claim that the two staffers acted alone. What evidence can the government provide to prove the premier’s statement the two staffers acted alone is not entirely false?
13) Which senior B.C. Liberal officials were involved in the sale of B.C. Rail and what evidence will now not be heard from key B.C. Liberal officials that were set to appear on the witness stand on the eve of this plea bargain?
14) What information would the public have learned about the role played by Basi's boss, former Finance Minister Gary Collins and Virk's boss former Transportation Minister Judith Reid?
15) What information would the public have learned about the role played by Premier Gordon Campbell, whose chief of staff during both the B.C. Rail sale and the raid on the Legislature, Martyn Brown, had already been called as a witness? What did Premier Campbell know and when did he know it?
16) Why did B.C. Rail pay $300,000 to the premier's friend, Patrick Kinsella? What instruction did the premier, through Martyn Brown, receive to "give support to Patrick Kinsella and CN Rail"?
17) Questions have been raised about the role of Patrick Kinsella, the premier's chief of staff and the premier himself in assisting in the sell-off of B.C. Rail. When will the public be provided an explanation on that?
18) Will the government release publicly all material in the possession of B.C. Rail or the government relating to the work performed by Patrick Kinsella while under contract to B.C. Rail?
19) Did Paul Taylor, the premier's new chief of staff, play a role in the alleged leak of bid information to Pilothouse Public Affairs Group?
20) The plea statement indicates that Basi and Virk improperly disclosed documents to Pilothouse including bid values for CN, CP and OmniTRAX and that Pilothouse principal Brian Kieran recorded these numbers which then were included in a Pilothouse briefing document to OmniTRAX. Was Pilothouse tapping anyone else in government besides Mr. Basi and Mr. Virk for confidential government information?
21) Pilothouse partner Eric Bornman -- who was given an immunity agreement by the Crown in exchange for information on Basi and Virk -- has reapplied to the Ontario bar. How can the public be assured that all the parties that played a role in the tainted B.C. Rail privatization deal have been appropriately dealt with?
22) Why did key B.C. Liberal cabinet ministers like Gary Collins, Judith Reid and Christy Clark all leave government in the wake of the scandal?
23) Will the government release the list of all the legal costs provided to government officials including former ministers Gary Collins, Judith Reid and Christy Clark?
24) What was the role played by current sitting cabinet ministers and possible leadership candidates such as Rich Coleman and Kevin Falcon?
25) After legislative officers were raided in December 2003, it became clear the focus of the investigation was on the B.C. Rail deal, but the B.C. Liberal government went ahead with the sale saying there weren't grounds for concern because no elected officials were under investigation. However the proposed sale of a B.C. Rail subdivision was then cancelled when government officials learned the accused might have leaked confidential information about that deal. This contradiction -- why one sale was considered tainted, but the other not – has never been fully explained by the government, nor was it explored in court. Why was the spur line sale cancelled but not the sale of B.C. Rail sale? What evidence can the government provide to support their decision to push ahead with the sale of B.C. Rail?
26) For years the B.C. Liberals have refused to answer questions that the deal was tainted. Now it appears that his government actually tampered with the fairness adviser's report to save their political hide. Will the B.C. Liberals finally admit that their government violated the public trust in the B.C. Rail sell-off?
27) What other testimony about the unprecedented raid on the legislature and the corrupted B.C. Rail sale will go unanswered with the B.C. Liberal government's refusal to hold a public inquiry?
28) Will the B.C. Liberals release publicly all evidence pertaining to the trial including evidence provided to the defence through the disclosure process?
29) In the absence of a public inquiry, will the government commit today to preserving all the documents involved in the Basi-Virk case and the B.C. Rail corruption scandal until the House is called back for a full legislative session?
30) Can the government commit today to a public inquiry that will examine the indemnification deal and the reasons why the government made the decision to cover all legal costs for Basi and Virk? ![]()




19
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Norman Farrell
1 year ago
Other questions remain
Carole James is repeating questions asked in BC's vibrant alternative media, if not in the mainstream.
There are more questions to be answered by the Supreme Court of BC, specifically by Justice Anne Mackenzie. It is a clear responsibility, laid out by the Chief Justice of Canada's Supreme Court.
http://northerninsights.blogspot.com/2010/10/judges-must-be-seen-to-be-independent.html
whatthe
1 year ago
Timing is everything
Wow.
I knew Caroles shop was communication challenge but I mean really.
This a good time to be asking new questions is it?
The criminal just resigned demand criminal charges and get on with taking back the province of get out the way.
No more Steelheaded decision making while their employee Moe Steelhota steers un into the ground.
Dont be fooled again BC.
Get a real leader in the NDP or clear out the backrooms and get on with the business of the people.
For a better world
1 year ago
Inadequate Priorities
Carole James should tell the government that they must commit to a public inquiry into the entire process of giving away BC Rail. The indemnification of Basi/Virk legal costs is trivial in comparison.
There must be a way to protect public documents. Could current and former civil servants and the Liberal MLA's and their party members be penalized for destruction of any public documents?
Does the fear of the Canadian Council of Chief Executives(CCCE)and the Fraser Institute inhibit the NDP from taking a much stronger and more appropriate stance?
archer2006
1 year ago
James has already said the
James has already said the government should commit to a public inquiry. In fact she campaigned on it last election.
And was 'whatthe' drunk when he wrote that comment. It makes no sense whatsoever.
By the way, those are 30 good questions and the 70 sitting on the order paper, which the government refuses to answer, are good too.
mary jane
1 year ago
6 O'clock new
todays news of gordo quitting included comments about carole doing the same
New blood needed
Peter Dimitrov
1 year ago
Hard to Believe that CJ herself wrote this article
So has the Tyee done any due diligence to determine if CJ actually thought up and wrote this article? What role did other NDP caucus members have in putting these questions together and when? Is this a communication release from CJ's communication handlers, or BC NDP Central - released under CJ's name and photo. I just have doubts this, and other purported recent CJ articles were written by CJ herself and if not, IMO, we the readers ought to know - in the same way that we are truthfully informed that the authors who wrote other Tyee articles are really the ones who penned the article. And, if not CJ herself who wrote this article, what does that tell you?
David Beers
1 year ago
Peter Dimitrov: Origins of this piece
Peter, the piece is adapted from a press release sent out by the NDP in which Carole James calls for the questions to be answered. I checked the way I packaged the piece with the NDP. I then found a photo and ran it with the piece.
I personally don't expect that James wrote every, or even most of the words. But she put out the questions as ones she wants answered. That's enough for me. After all, politicians have speech writers, but deliver the speeches themselves and are expected to stand by the words they speak.
m smith
1 year ago
@whatthe
i first read these questions yesterday, before the suprise news conference was announced where gordo quit. the question today is "is he so afraid to answer them did he take his ball and run home?"
circle A
1 year ago
Poor Carole James...
Hasn`t got the sense to know it`s a lost cause for her to stay,with her pathetic campaign in 09 she was responsible for campbell to extend his white collar crime spree for another term,I wonder if she ever wonders how many people could have been spared the hunger,poverty and misery,and I`m speaking of children now especially,had she the wisdom to quit after the first two losses. I have always voted ndp my entire life but will not ever vote ndp again unless she resigns,and soon.
circle A
1 year ago
And take that..
Wretched sleazeball moe sahota with you!
Camero409
1 year ago
circle A
Reveal who you really are. Lets see if you really are a NDP supporter or just another LIbERal hack pretending to be NDP. I've voted NDP all my life as well so who knows, maybe we crossed paths? I doub't it but lets see. I'll post my email address here so you can give me your name if you want. Personally, I think your a LIbERal hack.
Driftwood
1 year ago
the ONE question I would like answered
As the deal has been proven to have been tainted by Basi/Virk receiving favors from a bidder, and as it is known that at least one other bidder dropped out because 'the fix was in' why is the deal still standing? As the winning bidder is know to have contributed to the party which put the railroad up for sale to the tune of 300,000 dollars, why is the deal still standing? If we support this poor excuse for an opposition party will they do the right thing and explore any and all legal means to return that railway to its rightful owner - the people of BC?
circle A
1 year ago
camero
WTF! I don`t post that often but when have my posts been complimentary to the liberals? It would seem you have a hidden agenda. rest assured i am no campell supporter. read my posts from months and years back. I have described who I am and the type of work I do.
samuidave (not verified)
1 year ago
What I do not get...
is that despite "her pathetic campaign in 09" as circle A puts it,the NDP still should have won in a landslide.
If people across BC had been paying any attention whatsoever to the crimes Campbell and his gang committed prior to the election -- and I know I drafted a lengthy list of them and posted them up on the CBC -- we would never be here today.
We can blame ourselves, not Carol James, because we are responsible. True, one would think she'd have been at least able to feign a little outrage even if she didn't feel it, just to try to stir up the hornets nest.
The fact is, we believe the party leader is all that matters since that is the only voice we hear once a party gets into office. There is no exchange of ideas made public. Nor is there any free thinking allowed. It is adult follow-the-leader who, unseen to our credulous minds, is following the orders of the party financiers.
And we still do not see the problem with party politics? /sarcasm
cboo44
1 year ago
AMAZING !
It's all so easy to ask questions, what ever happened to the "Official Opposition's" ability to GET ANSWERS ??? Do they not have "sources" anymore? Do they not have ANYONE who knows how to INVESTIGATE and collect the TRUTH ?
Here is a radical "NEW" idea: Develop some practical policies for ALL of BC, develop real world measures that will reverse the Campbell governments insidious giveaways of the citizens assets, develop a REAL strategy for long term enhancement of the BC economy. Be as specific as possible,INCLUDE business leaders advise, as distasteful as that is to the radical left.
Know what will happen? You WILL get SUPPORT. If the forms of money, votes, AND INFORMATION YOU REQUIRE TO OPEN THE UGLY INSIDES OF THE CURRENT GOVERNMENT !
Glen Murtz
1 year ago
A day late and a dollar short.
Plus, I've been wondering why the NDP has remained so very, very silent on the G20 shenanigans.
How hard could it be to slice up all the Conservative yammering on human rights in Iran or Afghanistan or wherever, when it was they who oversaw Canadians losing theirs in Toronto in June?
I can't bring myself to vote for this party either Federally or Provincially. Not now. Not ever - until they draw down into their roots and the working people of this country.
Give us back our party or please - go away.
Understand Carol - those of us who know the troubles faced by parties of the left - we get it. We understand that as we have been hollowed out and left behind economically, so too have the institutions and the parties that once relied upon our support.
The massive project of defunding the left ultimately fell upon the workers of the western world; as the middle class industrial workers disappeared and we bled out our wages on the shop floor to compete with asian-based cheap/prison labour, so too did the monies that might have flowed to the causes that supported us, so that now, seeing no other way to keep the reality of political victory by wealth at bay, you go hat in hand to the corporations and in doing, erode just a little more autonomy, just a little more dignity, just a little more of our childrens futures, until finally, you're simply bringing ashore the plantation owners to barter over the slaves on these shores and asking "how much?"
We get it Carol.
You and the NDP can't afford to stand for us anymore - because you're scared your political party will trace our decline.
We're sorry Carol - but please - stop taking it out on us.
If the NDP ultimately becomes a directionless, empty party, void of new ideas (and I fear it may already be) - it will be because you feared for it more than you cared for us.
pwlg
1 year ago
where do we live?
I am wondering whether I am living in Honduras or some other banana republic.
The questions Ms. James puts forward give evidence to the fact that our democratic principles have all but disappeared...thanks for the referendum and recall legislation in BC though.
James did not infer that our AG was disingenuous with his comments but what we are hearing over and over again are revisions of the Campbell "truths".
lynn
1 year ago
"The massive project of defunding the left ....."
Illuminating comment and analysis above, Glen Murtz.
For a better world
1 year ago
Yes Archer 2006
James did campaign on a public inquiry prior to the last election, but the 70 questions sitting on the order paper need to be stated over and over again.
Don't those 70 questions drop off the order paper at the end of a legislative session, something like unapproved Bills do? A Bill that is before the Legislature before an election has to be re-introduced to be considered.