Thursday, June 18, 2009
Basi Virk hearings fill a jam-packed summer court schedule ready for a 5-month trial. Note especially the pivotal, critical date: July 14, 2009
Topics, dates, and times are flying thick and fast. Here's the schedule for this summer with special emphasis on one major un-scheduled event on July 14:
June 22. Madam Justice Elizabeth Bennett will hear defence application for disclosure of documents relating to the executive council including the office of the premier.
"Sometime before June 26", said Associate Chief Justice Patrick Dohm, there will be a hearing (Justice Bennett presiding) on the Defence application for Madam Justice Bennett to remain on the Basi Virk Basi / BC Rail Case. Actual date to be announced (I hope).
July 6 - Defence will file motions.
July 15 - Crown responds. McCullough for the Defence then said
July 17 should be left available for "other 3rd party issues".
BUT WAIT ... if we aren't super-careful ...
July 14, 2009 will slip by with scarcely a whisper that it's the 5th and pivotal anniversary of signing the still-secret BC Rail deal. This date is rumoured to have a repossession clause which becomes available to us on that date. But on the down-side, the 5th anniversary date also activates the transfer of BC Rail waterfront lands between North Vancouver and Squamish to CN for $1. One lousy dollar. July 14 should be BC Rail Day, highlighting the outrageous high-jacking of a public asset ... a pattern which became the template for more transfers of significant public assets in B.C. It is astonishing that another round of losses could be happening again, in secret, right under our noses, on that date: July 14, 2009.
July 23, 2009. Legal arguments on the 66 Kinsella documents.
August 18, 19, 20. The Kinsella documents.
September 4, when "everything must be finished," said Madam Justice Bennett, mysteriously.
September 2009 to February 2010 (5 months) during which the Defence and Crown lawyers have booked off all their other cases.
I've picked up on these dates by tracking what Robin Mathews, Neal Hall, and Keith Fraser have written, and have had the benefit of Bill Tieleman's generous additions as well. But this summer schedule for BC Supreme Court (Vancouver) is obviously a work in progress and subject to change, so anyone wishing to assist, please add your corrections or additions by clicking onto "Comments" (below) ... Thanks!
Another thought. Big Media and no doubt the government's Public Affairs Bureau have already begun to spin a new agenda. I think they want people to believe that nothing is happening with the BC Rail Case and for that reason the corruption trial should be dismissed. That would not serve the public interest.
If the deal was a wonderful deal, show us. Why is it still secret? and why is BC still making giant gifts, also in secret? If it was a crooked, corrupt deal, the facts must come out sooner, not later.
I sincerely hope that people will write their Letters-to-the-Editors or to the journalists who say these things and tell them that now is the time to push harder for the trial to begin, because things are happening. It would be too, too suspicious if the trial got stopped, at this stage. If anyone would like to use this schedule to make that point (especially concerning the July 14 issue), please feel free to use it. Good luck.
- BC Mary.
I have been following the website for years and it the most informative site I have ever read.
More people need to read this site, the history. You will begin to understand.
Corruption, deceit, manipulation by elected officials, police officers, court officials. What has happened to our society when no one seems to give a damn? They pull the wool over their eyes and think all is well.
Canwest is absolutely useless, but then what would you expect from them? (Cancelled that subscription some time ago because of their biased reporting.)
Again, Keep up the excellent reporting, all of you.
You certainly made up in quality for the times when you have read this blog without leaving a comment.
You'd be amazed, how much it helps when somebody like you says that you read the postings here and that you've gained information from it.
One time, when Joy MacPhail seemed to be the entire B.C. Opposition and yet she seemed so up-to-date battling on every file ... I sent a note to thank her. I think I even said "Don't take precious time to reply ..."
Well, I received a personal reply from her and she said "It's letters like yours which keep me going." Now I know what she meant.
Mary I like the idea of July 14th as BC Rail day. I'm going to start with my e-mail list and use other methods.
Thanks for these dates. I can work with them I thinks.
And congratulations on the expose' in Island Tides.
That's terrific news.
I hope you'll let us know how things work out in the run-up to BC Rail Day (doesn't that sound great!) on July 14.
I'm wondering if a Letter-Writing Campaign would work at this time ... with a fairly simple message about the need to SEE what's in the BC Rail deal(s).
And, yes Mary a letter writing campaign would be great. My Hotmail account has Carol James on it so she will be getting the plan for July 14.
I took the liberty of pointing out a few blogs in the e-mail. yours included of course.
Maybe I should make a base at my blog so you don't get swamped?
Regarding the importance of July 14th, is there anything the citizens of the province can do legally to repossess BC Rail until such time as ALL information surrounding this debacle is brought to light?
If there is (how would we find out?), would it just create more of a logjam do you think?
I've been keeping tabs on this for months through your site primarily, as well as others (thank God for all of you!)...and can't begin to express how frustrated and angry I feel at this government. To say nothing of the citizens who put them all back in power, which includes the huge percentage who couldn't be bothered to vote.
There has to be a way to STOP this merry-go-round, how do we help you to help us?
That is why I didnt bother to vote. I only had 2 choices, Corruption, or Incompetance.
All well deserving as this Rail BC thing is, its only 1 of may opportunities fumbled by the NDP, although I dont call the Queen of the North or secondary sewage waste of money a fumble, I call that NDP ignorance.
Leah, dear friend,
I am quite sure that the first step is to SEE THE BC RAIL DEAL ...
I am surprised that Leonard Krog hasn't zeroed in on this point long ago.
But now it's zero hour.
So if everybody wrote, e.mailed, and telephoned their own M.L.A. pressing them to go in search of "the deal" BEFORE July 14, 2009, that would be a start. And how difficult would that be, to find the doggone deal and open it up? Then ...
I've only heard the rumour that the deal is subject to review if CN fails to honour its part of the agreement.
I've only heard the rumour that one of the clauses involved CN purchasing new railcars ... 600, I believe. And
I've heard another rumour that CN didn't purchase 600 railcars; in fact, had been de-commissioning and dismantling some railcars. Therefore, CN is possibly in breach of the deal.
If so, I believe it could be a deal-breaker.
Someone like Krog could find out. Would he? Well, possibly he would if enough citizens were to contact him about it.
And if the rumours are true, then July 14, 2009 -- not Election 2005 or Election 2009 -- is the real reason why Gordo has been keeping the deal secret.
What do you think?
I know what you mean when you say how frustrated and angry you have felt. Many of us have felt that agony -- not so much about the vote ... more to do with the rivers, forests, fish, and the things we treasure in common about B.C.
We must not let this milestone go by without throwing ourselves into the effort to -- as you say -- stop this merry-go round.
Thanks for your comments. Let's think hard about this and stay in touch. All of us.
What a sad story. But I think I know how you feel. There seems to be no passion in the Opposition. They seem to be drifting.
Who is your M.L.A. now?
My suggestion would be to start contacting your M.L.A., start pushing them to do some of the things you want to see done.
No matter who's representing you in the B.C. Legislature, they're being paid with your own tax dollars to do the things you want done.
So tell them what you want. How about asking your M.L.A. to get a copy of the BC Rail - CN deal for you. Then tell us what kind of a response you get. OK?
You may be right -- maybe the NDP is ignorant and that's why they haven't done their job.
So tell them. Write and tell them exactly what you've told me. Keep writing until they wake up.
I don't blame anybody for being angry about that.
But I ask again: who is your M.L.A.?
Oh, and my suggestion for naming July 14 is Grand Theft Day. Just another day where the citizens of BC should bend over, shut-up and hand it all over, no questions asked.
BASI, Udhe Singh
BASI, Udhe v HICKLIN, June Supreme
Motor Vehicle Accidents Victoria Law Courts 070608 09Feb2007
Anon 8:17 ...
Omg, no - I certainly didn't know. And that happened over 2 years ago.
It must've been in Provincial Court (not criminal), whereas I concentrate on "Adult Supreme Court - Criminal".
You should be able to find out more in the "Completed" section, eh?
Many thanks for letting us know. I'll be away until Monday June 22 so will be looking for more comments when I get back.
"Regarding the importance of July 14th, is there anything the citizens of the province can do legally to repossess BC Rail until such time as ALL information surrounding this debacle is brought to light?"
Although IANAL, this sounds to me like a textbook definition of what an injunction is designed to accomplish. Disregarding the fact that injunctions are generally used by the government-coporate (fascist) powers against the citizenry, in general they are to prevent actions from being taken until other legal issues are resolved.
The next question is who should, or can afford to, apply for an injunction to temporarily stop any further transfer of assets to CN, until the legality of what has already taken placed is established. It would take a better liar than even anyone in our current government to say there are not any significant questions about the BC Rail deal, even though that is not officially before the courts, thanks to the obfuscation and down right obstruction of justice that has so far occurred.
I forgot to check the number of the case, but it's easy to find if anyone is interested. GOne but not forgotten good old Stone Wally.
Charges be stayed or that the information be quashed.
Alternative- Charges be stayed unless Crown agrees to pay for the legal fees.
Full disclosure of all of the communication relating to charge approval.
If communications referred to were oral, Honourable W. Oppal be required to attend before the Court to be cross - examined by
counsel for the Applicant on all such communications.
If communications referred to were oral, Mr.Robertson provide, in
writing, full details of such communications and such disclosure should be provided only to counsel
for the Applicant and not be disclosed to the Honourable W. Oppal.
Posted Friday, June 19, 2009:
R. v. Basi, 2009 BCSC 775 – 2009/01/19
58] Tab 69: There are several documents under this tab and I will refer to them by the number given to them as part of argument:
i) Number 1161. This is not a document where the Crown is providing legal advice, therefore solicitor/client privilege does not apply. Litigation privilege does apply to part of this document. However, in my view the document is very relevant to the defence position, if only to set their mind at ease, as this document demonstrates the opposite occurred vis‑à‑vis what the defence suspected. For example, although the media report is not referenced in the document, the document will be released and shows that the Department of Justice was prepared to unseal information. This document, while part of it is covered by litigation privilege, will be unsealed and given to defence counsel because of the nature of the relevance to their arguments.
R. v. Basi, 2009 BCSC 772 – 2009/01/14
 The charges against Dave Basi were stayed in June 2005. All of the other accused, except Jas Bains, pleaded guilty. Mr. Bains was convicted after a trial; however, his appeal is still before the Court of Appeal and thus "in the judicial system": See R. v. Thomas,  1 S.C.R. 713.
Bains is appealing, interesting.
"Historical judgments are judgments that were given at some time in the past but that have only recently been posted on the website by the court."
I am writing this in the hope that it may help unlock the logjam surrounding documents, emails, phone calls and other forms of communication regarding the sale of BC Rail. This has been going on for far too long now, it is costing the taxpayers of this Province hundreds of millions of dollars in lawyer’s fees alone. It has to stop.
One has to wonder why the government has done everything in their power to keep the sales documents from public view, it is after all the sale of public property, and we do have a RIGHT to know what has been/is being done to us, and in our name. This “sale” took place nearly 5 years ago, and we still don’t know what the sale entails?! Perhaps the government is waiting for a specific occurrence, before making just how much taxpayers have lost in this deal, apparent.
July 14, 2009 is the critical date. The date when one of two things may happen:
1. CN Rail will take possession of all BC Rail waterfront lands from North Van to Squamish for the princely sum of $1.00. Yes, you read that right, a dollar. What are those lands REALLY worth?
Why would the Premier even consider something like that, and still call himself a businessman?
2. There is a rumour about that date that will be extraordinarily easy for the Premier to disprove by producing all documents relating to the sale…this is the date of possible repossession of BC Rail by the taxpayers of BC. Once this date passes, there is absolutely nothing taxpayers can do about the largest giveaway this Province has ever seen.
It is time for mainstream news media to begin digging and printing what they know. Newspapers across this Province have forgotten who they’re ultimately designed to serve, the people. You’re our eyes and ears in the legislature at the very least. Collectively you are failing us; above all, you’re failing yourselves.
A copy of the letter sent to my local newspaper for print this week. Next the local liberal MLA gets a phone call.
We do have a lawyer. His name is Leonard Krog.
Please present this brilliant idea to him and demand action without further delay.
After all, we're just saying "SHOW US THE DEAL".
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