Friday, August 14, 2009
"TERRIBLY UNETHICAL" for Elizabeth Bennett to quit ... !
On Monday, August 17 there will be two BC Supreme Court rulings in Vancouver which may cause an earth tremor of 4 or 5 on the Richter Scale. The first ruling will probably be Madam Justice Bennett's decision as to whether she continues as judge of the Basi-Virk / BC Rail Case ... or whether she steps up immediately into the BC Court of Appeal. I've been thinking a lot about that. I want her to stay on this case. The Defence team wants her to stay on. And I was pleased to see that the Indo-Canadian newspaper Voice OnLine wants her to stay on. Here's their editorial.
Under 'RATTAN'S RUMBLE" -- Voice Online
#3. JUDGE HANDLING B.C. RAIL CASE MUST STAY ON
In my opinion, it would be TERRIBLY UNETHICAL for B.C. Supreme Court Justice Elizabeth Bennett to quit because of her promotion to the B.C. Court of Appeal.
For her even-handed approach in this highly complex and intriguing case involving the sale of B.C. Rail by the provincial government (even as Premier Gordon Campbell was lying through the teeth that it was NOT for sale) won her many admirers – and made those who apparently have so much to hide quiver in their shoes.
It would take another judge – provided that the person is as diligent as Bennett; after all, all judges aren’t of the same calibre – too much time to understand all the intricacies that Bennett has dealt with so far. That’s common sense.
As Bill Tieleman of 24 Hours newspaper put it, the judge has spent “more than 100 days of pre-trial hearings on complex issues over three-and-a-half years in a case where more than 300,000 pages of evidence have been disclosed.”
In fact, Bennett said: “The problem is I’m the only person who knows best how to proceed. Matters that I am seized off – if I walked away that would delay a trial considerably and I’m not prepared to do that.”
As I wrote in the January 3 edition of this newspaper: “A very interesting trial to watch in the New Year will be the one that has been dragging on and on since December 28, 2003 police raid on the B.C. Legislature.
“The case is as fishy as they come – and the RCMP’s reputation as well as that of Premier Gordon Campbell and his Liberals hang in the balance.
Full story is HERE.
The fascinating thing about this August 17 pre-trial session will be: why does the Crown Prosecutor want Madam Justice Bennett gone ... and gone immediately? If you have a reasonable guess which isn't libelous because we can't prove it yet, please leave a comment.
Like I was saying to a friend, I figure Madam Justice Bennett is past the age where she's thinking "career builder" and would be more into thinking of the final, golden, gratifying wrap-up years of her career. I can't imagine a judge who would mind being known for having successfully presided over the toughest, most important, most complex, most hard-fought trial in B.C. history. If Judge Bennett stays on, I can imagine fruitful years as she writes one of the biggest and best-est selling books ever ... all she has to do is [say it quickly!] hold this explosive trial on the tracks to its completion. Might sound easy; it isn't.
If she can do that -- and I believe she can do it better than anybody else -- Elizabeth Bennett could easily go on to be president of UBC (or better still, SFU), give speeches world-wide, have dinner with Bill Clinton, much else, and always come home to a better British Columbia. She should just phone me. I could tell her. [Please: that's a joke. OK?]
The other earth-shaker scheduled for Monday morning in BC Supreme Court, Vancouver, is the report of George Copley who represents the interests of the Campbell government in matters of disclosure of evidence. He'll be explaining, in a very low voice, what happened to all those executive e.mails that went (ha ha) missing. Seriously: according to Bill Tieleman, "Copley's legal approach can be very tough indeed when it comes to defending cabinet privilege and solicitor-client privilege on behalf of the Campbell government ..." [See Railgate A-Z.] So where the heck are those Gordo, Lara, Martyn Brown, Collins, Reid e.mails now? The people want to know.
Warning: There'll be a hurry-up party with FREE RIDES going on across town on Monday as well ... a party which is no doubt intended to distract any citizens who are determined to undertake their due diligence by attending the Basi Virk Basi / BC Rail pretrial hearing in BC Supreme Court. That story is HERE.
In fact, there's evidence that Vancouver plans to go deliberately and specifically dotty bizzarro next week.
Lookie HERE. - BC Mary
Maybe those who will be attending can post here and we can get an idea of how many of us there will be.
Saturday August 15, Page K14 of the Vancouver Sun has the fare structure of the new Canada Line:
Vancouver-Richmond (including the airport) $3.75 one way
In 2010 (Vancouver-Airport) $6.25 one way
No mention of Concession fare pricing.
After August 17th it will be interesting to see how quickly she disconnects herself from the tweeting domainm cached/text versions as well. As of now she has posted a warning to visitors:
"This person has protected their tweets."
Do you think the star witnesses for the Crown is going to sing like a Canary, or, after going through the "lawnmower" process of the courts, or be ..... shredded by the defendants' lawyers?
In a bygone era involving Sylvester and the caged Tweety the joke of day was.....
Question: What do you call a canary after it goes through a lawn mower?
Answer: Shredded Tweet!
Hey!!! isn't that what they did to the Executive Council's emails?
Whereas a more modern way to measure the disruption would be via the Moment Magnitude Scale (abbreviated as MMS but not related to the lack of Mass Media Service coverage on behalf of the public).
"The magnitude is based on the moment of the earthquake, which is equal to the rigidity of the Earth multiplied by the average amount of slip on the fault and the size of the area that slipped."
In other words.... the magnitude of Madame Justice Bennett's decisions, on August 17th, will strike to the very core of both the public's resistance of recognizing the corruption and the resistance by the political masters, and their staff, not just Mr. Basi, Mr. Virk and Mr. Basi.
Unfortunately, following the earthquake caused by the BC Liberals, there will be a volcanic eruption as Madame Justice moves on to another venue which will create tremors that will guarantee the trial will drag out for at least another year, or two.
In respect of #1, Ruttan's Rumble is full of references to racial prejudice and injustice directed on the vancouvsun sun:
"Just look at the GRIEF that the Vancouver Sun’s biased, distorted and personal-attack style of reporting has caused the Indo-Canadian community."
“The Vancouver Sun is apparently highly influenced by the right-wing Fraser Institute that is absolutely pro-white and anti-visible minorities.
“They also selectively carry letters. So many Indo-Canadians have complained to me about how their letters were not published – and most Indo-Canadians don’t even bother to write to them any longer."
“However, any letter against Indo-Canadians – just look at the two biased ones that were written by two white guys against an apology for the Komagata Maru incident on Friday – is promptly printed."
No, I am not fan of Ruttan' Rant. Ruttan has evidenced a bias and his desire for Bennett to stay gives me reason to want her gone!
In Rattan's Rant number #3 respecting the Rail BC matter, Rattan asks if those who offered the bribe should be more culpable than the government who took it.
HAsnt the defence already said the reason Basi gave Ominitrax info was on instuction from his emloyer to keep other bidders interested in the sale, which would cause a succssful bidder to pay more money than if there was no other party interested?
Not all the facts are known to you or I, but it is a fact thatthe balance of power for any offer for purchase and sale that has more than one bidder lies with the vendor, just as a sale with only one bidder lies with the purchaser.
Thank for your comment. Not sure I get your point, but you make a good beginning.
Would you agree that there has been racist talk -- coming from the Indo-Canadian community -- ever since Dec. 28, 2003? So I take this to mean that there's a so-called "racist" view of the Basi Virk trial.
And it was in that spirit that I wrote:
And I was pleased to see that the Indo-Canadian newspaper Voice OnLine wants her to stay on.
We should be able to listen to what Rattan Mall has written ... and if we can't, that would be when the race card comes into play, in my view.
You're so right when you say that "Not all the facts are known ..." but the major fact of the matter is that when the BCRail Case goes to trial, witnesses will be called, and evidence will be given under oath. At that time, we will begin to hear some of the facts of this important case.
I think Justice Bennett is best able to bring File #23299 to trial so I support her wholeheartedly. So, apparently, does the Defence team. I'm impressed by that. But you're not -- is that a fair reading of what you say?
I hope you will write again.
P.S. Will you be in the public gallery tomorrow? See G.A.B.'s comment (above).
Prem Gordon Campbell said in this interview with Ian, of Vancouver CBC, that it was a Supreme Court of Canada decision that said that "legislaturers must not interfere in court cases....."
Here's some decisions that come somewhat close to what the Premier is talking about.
eg. "The Legislative and the Executive strive in good faith to discharge their role in a manner that is consistent with our Constitution. They seek to bring forward laws which do not impinge on the Charter, and to implement those laws without infringing fundamental rights. But every now and then, these efforts are called into question, and someone must arbitrate the dispute. Under our Constitution, that “someone” is the judicial branch."
"In Ontario, the primary role of the judiciary is adjudication. The Executive on the other hand is responsible for providing the court rooms and the court staff. The assignment of judges, the sittings of the court, and the court lists are all matters for the judiciary. The Executive must not interfere with, or attempt to influence the adjudicative function of the judiciary. However, there must necessarily be reasonable management constraints. At times there may be a fine line between interference with adjudication and proper management controls. The heads of the judiciary have to work closely with the representatives of the Executive unless the judiciary is given full responsibility for judicial administration."
Source: Valente v. The Queen http://scc.lexum.umontreal.ca/en/1985/1985rcs2-673/1985rcs2-673.html
Altough the Basi/Virk/Basi trial is by Judge alone and not by Jury, this is the only Supreme Court ruling that the BC Liberals seem to be clinging to:
"The exhortation must not interfere with the right of jurors to deliberate in complete freedom uninfluenced by extraneous pressure. SNIP "
Short of asking a direct question, and receiving a NO COMMENT on the Premier's source, I know the only thing he will say is ....... NO COMMENT
a little bird has told me that Laila Yuile might be in Madam Bennett's courtroom gallery tomorrow.
Given I will be taking transit, I would rather be able to work our my bus timing and route tonight rather than in the morning.
Fingers are crossed that Laila will be coming.
Usually, someone reporting on previous hearings will mention the TIME as well as the DATE of the next pre-trial hearing. When they do, I always post it.
This time, nobody mentioned it. Robin Mathews had already gone on holidays ... Bill T. went walkabout only recently ...
The only option left is to check the BC Supreme Court listings tomorrow morning. I'll do that (I always do that) and will post the start-time when I can confirm that the hearing is scheduled for tomorrow, August 17.
It seems to me that all the lawyers (and some of the journalists) already know the date/time ... I really don't see why it can't be listed in reasonable time for the public to work out their bus timings and routes, like you say.
But ... as I said to someone else, if it were me, I'd take a good book, and get there for 9:00 AM, no matter if it turns out to start at 9:30, 10:00, or even 2:00 PM ... this is HISTORY in the making ...
and it's great to think you'll be there. Keep in touch, eh?
And of course like all white right wing fraser institute shills, I will be reading my Vancouver Sun!
Look forward to seeing you there.
they talked Campbell lies/Hst and.......
Drum roll please....... BC Rail
Cheers-Ears Wide Open
Another of my favorite blog haunts in BC, touching on a subject that causes concern for me.
From the page:
The word is out that in January 2009, Campbell & his Liberal puppets are set to privatize the rest of BC citizen's personal, private, and confidential information by signing a multi-million dollar, multi-year contract with EDS Advanced Solutions. Hewlett Packard (HP) -Electronic Data Systems (EDS) is a global, transnational information technology corporation based in Texas.
This privatization will see the operation and maintenance of the BC government mainframe computer servers under the management of HP-EDS. Before you're tempted to give a big yawn and a "who cares" you should know that this means that any personal and private information that is held by the BC government about you, and anyone else you know, all government documents, health care numbers and information, social insurance numbers, e-mails and communications with government.
Ever been on welfare in BC? Or had a child protection report made about you and your family? Been in jail? Charged with a crime? Been to Small Claims, or the Supreme Court? Ever registered a business with the province of BC? How about your Vital Statistics? Refugee and Immigration status? Do you have any government student loans? Any complaints you've made to government? Ever made any submissions to a government panel? Or had any other dealing with the BC government where information might have been collected about you, from you, or one of your loved ones?
Before they signed on the dotted line for a ten-year party, did they bother to check the company history in other jurisdictions? This is an international company, not a local one, as our government would wish us to believe.
So, what are some of the problems that concern me? Here are a few:
"How on earth does a company with supposedly high security levels, lose a hard drive containing personal data about 256 National Offender Management Service staff's personal details? An investigation found it "contained 256 items of sensitive personal information that could potentially, if in the public domain, cause damage to that individual, namely, bank details, address details, and National Insurance numbers coupled with dates of birth".
Identity theft anyone?
EDS, the private computing firm that handles IT for the prison service, has managed to mislay a computer hard drive containing personal data about some 5,000 Ministry of Justice personnel.
Mislay?! No. One mislays their keys, or glasses and such.
“EDS, a private contractor brought in to overhaul IT infrastructure seven years ago, told the Prison Service in July this year that the hard drive had gone astray - a year after the missing disk had last been seen. “
So good of them to give timely notice of the loss!
A computer hard drive with the private details of 100,000 armed forces personnel has gone missing. The hard drive was being held by EDS, the Ministry of Defense’s main IT contractor. It contains the names, addresses, passport numbers, dates of birth and driving license details of those serving in the army, navy and RAF. It also includes next-of-kin details, as well as information on 600,000 potential services applicants and the names of referees. Officials said it may also include some bank account details.
OK…this is starting to get a little worrisome.
The Securities and Exchange Commission has launched a second investigation into business activities at EDS, the Texas-based IT-outsourcing provider. In a regulatory filing, EDS management said the SEC has requested information related to the company's technology-outsourcing contract with the U.S. Navy, a deal worth a whopping $7 billion.
Getting closer to home now…
The latest in a series of major long-term data -management contracts by the provincial government is scheduled for January 2009 despite questions about the practice of outsourcing and the government's capacity to oversee contracts.
"An April 2008 audit report by B.C.'s Auditor General questioned the capacity of the government to carry out proper cost benefit analysis on contracting out of data management," said Darryl Walker. Walker also pointed out that sensitive government records will now be accessible to multinational corporations. "Everything from youth justice data, to Treasury Board submissions and other cabinet documents as well as contract information," said Walker. “If government is dissatisfied with the contractor, any communication on that subject would also be accessible to the corporation."
The Ministry of Provincial Revenue has created "Revenue Services of British Columbia," an official name and trademark of the Province of British Columbia, to identify revenue services provided by EDS Advanced Solutions, Inc., a British Columbia company. (Let’s forget to mention their affiliations!)
Account Management and Billing for:
Medical Services Plan
Immigrant Sponsorship Program
Payment Processing for:
Medical Services Plan
Immigrant Sponsorship Program
BC Ambulance Service
BC Student Assistance Program
Employment and Assistance Program
Mineral, Oil and Gas Revenues
Subsidized Bus Pass Program
The following Taxes: Social Services, Corp. Capital, Tobacco, Fuel, Rural Property, Property Transfer, Hotel Room, and other “small tax statutes.” They also do all the Tax Return Processing for the above.
A British Columbia company you say? Can you say “transnational”…”world wide”…because they are, and their record in other countries isn’t the greatest! But we can rest easy; our information will stay in BC! Maybe…
All operations and technology, including data backup, will be located in British Columbia unless otherwise approved by the Province. The Ministry has provided approval for the use of servers in Alberta and Ontario.
I’m curious as to what information those servers maintain, or provide. Hey! Maybe we should look for missing emails there too!
One of the questions I’d like answered is; are the folks we’re talking to on the phone actually in BC? Maybe not according to this website:
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