Thursday, July 01, 2010

 

Ms. Jill Leacock, Law Officer, reproves Robin Mathews

 

Introduction by kootcoot:

The degree of contempt for the public of British Columbia shown by the government of Gordon Campbell and the (in)Justice system, that for now seems to be securely ensconced in the pocket of the criminals posing as government is nothing less than breathtaking. I feel that folks like Ms. Leacock and (in)Justice MacKenzie or Wild Bill Berardino have almost toxic levels of GALL to even use the word contempt themselves.

Meanwhile we watch as Justice (I can hardly type that title in front of the name to follow without feeling hypocritical/dishonest) MacKenzie gives the defendants grief over the slightest head shake or eye movement at the same time as she allows Martyn Brown to be UNRESPONSIVE to legitimate questions from counsel day after day. Couldn't the counsel and the so called judge have an occasional side-bar or meeting in chambers to iron out procedural issues? Instead we are supposed to see justice being delivered in a farce of a performance that has taken over six years to even get to this point, which seems to be little more than secret discussions, day after day, with occasional visits to the court room by the so called jury - who hopefully have other things to do with the other 95% of their lives, as their presence in the courtroom is rarely appropriate or invited.

The only person, and HIGHLY QUALIFIED person at that (so much more so than the buffoons employed by Canned Waste and CeeTeeVee who deem him unqualified for accreditation as a journalist), Robin Mathews, who has tried to cover this trial and the issues surrounding it has run into nothing but obstruction (of justice to my way of thinking) and/or the people's right to know what is happening with their assets and the administration of so called justice on their behalf. As a result of Robin's last post here at the Ledge Raids, Robin has received the following reprimand from the oh so Holy Ms. Jill Leacock. Ms. Leacock's affront to Robin and the citizens of the province is followed by Robin's immediate reply - but Prof. Mathews is in the process of doing further reflection about just how to deal with this ongoing disrespect from those who theoretically, at least, work for him and the rest of us, including the vast majority of us who aren't either friends, donors or both to Gordon Campbell and his criminally acting organization known as the BC Liberal Party.

Dispatch from Dr. Mathews:

For the Supreme Court of British Columbia Ms. Jill Leacock, (June 29, 2010), Law Officer reproves Robin Mathews for his interpretation of the Publication Ban “in the absence of the jury” imposed by Associate Chief Justice Anne MacKenzie in the Basi, Virk, and Basi trial. Robin Mathews replies.
***

From Ms. Leacock to Dr. Mathews:

“Mr. Mathews
You seem to be unaware of section 648 of the Criminal Code. It provides as follows

Restriction on publication

648. (1) After permission to separate is given to members of the jury under subsection 647 (1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

Offence

(2) Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.


Mr. Mathews, this section of the Criminal Code bans the publication of any information about what occurs during a trial when the jury is absent, unless the jury has been sequestered and is in the process of deliberating its verdict. The 648 ban applies automatically as a matter of statute – no one has to apply for it – it is automatically in place. The presiding judge may extend the terms of a publication ban, but the statutory ban always applies as a matter of law.

[Ms. Leacock highlights the following sentence.] A person who breaches the ban by broadcasting information about what has happened in the court room when the jury is not present, is in breach of the ban, and guilty of an offence punishable on summary conviction.

Jill Leacock, Law officer”

Dr Mathews replies to Ms. Leacock:

Dear Ms. Leacock: Thank you for your message. I read the Criminal Code as you have represented it. I also read the publication ban as it is represented in the piece I wrote about the whole question of publication ban.
That passage on the Supreme Court of Canada website repeating the publication ban set by Associate Chief Justice Anne MacKenzie says that it is “pursuant to” 648 and sets out the terms – as I say in the piece I wrote – SPECIFYING the four matters under ban. I took it to mean that if a total ban was intended the specifying would not have taken place. 648, as it is, declares total ban.

As you will have observed, I didn’t write about any of the four specifically named matters. I was, I believed, honouring the ban. And I would not violate it with intention.

I assumed that if 648 was meant – unmodified – Associate Chief Justice MacKenzie would simply have named 648. But since it was “pursuant to” and itemized kinds of publication ban, I took it to be (and I think that is a reasonable inference) an intention to modify 648 to characterize particular matters banned – as you say automatically. But not to intend a total blackout, so to speak.

You suggest I am wrong in that reading.

If that is the case, then I will observe a “total” ban, and I regret any misunderstanding. I assure you that it was not and is not at any time my intention to violate the ban.

Sincerely,
Robin Mathews

final comment from kootcoot:

That last line from Robin is, I think, unfortunate as it suggests to me that he and the rest of us should just go along and do what "they" so obviously desire and ignore this travesty of justice and the ongoing robbery of what were once the assets of ALL the people of British Columbia starting with BC Rail and including BC Ferries, BC Hydro, our universal health care, BC Gas and once public forest lands.

Happy Canada Day, All!

I will be celebrating Canada today, the mountains, the prairies, the rivers, the lakes, the sea coasts and the people - however I will not be celebrating democracy or transparent government or due process - I will be mourning the ongoing loss of these things and wondering how far down the road of tyranny of corporate interests and greed of the few we will go before the system is either reformed or OVERTHROWN!

Friday, October 23, 2009

 

Gary Bass to Robin Mathews, Part 2

.
After many weeks, months, years of attending pre-trial hearings for Case #23299 - Basi, Virk, Basi - Professor Robin Mathews turned to the head man for Royal Canadian Mounted Police matters in British Columbia. That letter was posted on this web-site on October 5, 2009 under the heading
" ... the said open public auction of BC Rail was, in fact, an allegedly intended, calculated, and practiced fraud ..."


Robin Mathews shares the reply with us:

----- Forwarded Message -----
From: "Gary BASS"
To: "Robin Mathews"
Cc: gmason@globeandmail.com, "Helen DARBYSHIRE" , "Jodie BOUDREAU" , "Kevin Begg" , "Les Rose"
Sent: Thursday, October 22, 2009
Subject: Re: Fwd: bbv

Good day Mr. Matthews.

I responded to your letter earlier this week. Hopefully you will receive it within a few days.

I have to say that your classification of the Government of BC in this latest e-mail, as a "Criminal Gang" is disturbing to me as the head of the Provincial Force and does a serious disservice to the many men and women who have devoted their lives to public service.

Should you come into information capable of being viewed as credible evidence of criminal wrongdoing by anyone in the Government, I would give it the attention it deserved.

Regards,

Gary Bass
Commanding Officer
"E" Division RCMP
________________________________________________________

Robin Mathews replies to Gary Bass:



Dear Deputy Commissioner Bass:

Thank you for your kind reply by email. I haven't yet received your written reply. I will look for it with pleasure.

I did not classify the government as a "Criminal Gang" if you observed the question mark. The men and women who have devoted themselves to public service deserve the respect and admiration of us all. Among them are those in the RCMP for whom we all feel warm affection. But you may remember that among those same RCMP officers were those who appeared before the parliamentary committee to affirm the belief that Guiliano Zaccardelli was deserving of disgrace (and removal), their top officer.

Let us not confuse the men and women who have devoted themselves to public service with other kinds of men and women. By the same token, you may be asking for "credible evidence of wrongdoing" in such a way as permits you to avoid the major points I have made to you - and to others - about the behaviour of some in the Gordon Campbell government. You, of course, have not only the right to do that, but also the power.

That does not mean that I am wrong to ask you to investigate. Nor does it mean that you will not be brought to that undertaking in the future.

I appreciate the courtesy of your reply.

respectfully, Robin Mathews

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

Friday, June 18, 2010

 

Robin Mathews vs. Arrogance and Ignorance
-------------------------------------------------------------

Professor Emeritus Robin Mathews, THE leading correspondent on ALL issues regarding the Kafkaesque events arising from the Legislature Raids continues to challenge the forces of injustice on behalf of the public's right to know what is happening in THEIR so-called justice system. Though the modest Dr. Mathews downplays the importance of his ongoing struggle to be treated fairly and with respect, all 17 or 19 of us "Railgate Cultists" and the ILK who follow The Legislature Raids think otherwise. We think not only should Robin be accredited, only so he can use a recording device in the courtroom, but that Keith Fraser and the rest of the Glow Ball/Canned Waste  and one CeeTeeVee drones who in their capacity as some kind of "accreditation panel" should be ashamed of denying THEIR BETTER the right to serve the public interest, a public interest in which they obviously HAVE NO INTEREST in serving!

As Robin so modestly puts it:

Dear Mary,
The (minor, minor, minor) saga of the attempt to get accreditation goes on. Here are the three last letters.
Those of you who are regulars here will be familiar with the ongoing run around Dr. Mathews has been receiving from the "in crowd" and Keith Fraser and his little club. Here's the first in the latest round of Robin's reasonable requests and the ongoing Cover Your Ass Dance by the courts and their annointed "external" bodies: This mostly self explanatory letter was sent to Jill Leacock, Law Officer - British Columbia Supreme Court


From: Robin Mathews

Date: June 9, 2010 5:51:21 PM PDT (CA)
To: jill.leacock@courts.gov.bc.ca
Subject: journalist court accreditation

Dear Ms. Leacock:

This e-mail is to ask you to grant me journalist accreditation for the Basi, Virk, and Basi trial. I have been covering the pre-trial hearings for three and a half years for two websites: vivelecanada.ca and the legislature raids site. As well material I have written has been published in magazines and newspapers, etc. I have been a radio producer for CBC. I have written text books, books on culture and politics, articles galore, etc. I am an adjunct professor at Carleton University after forty years of university teaching ... and publishing.

The "committee of journalists" rejected my request for accreditation for reasons that may not be examinable - I don't want to engage in any dispute with them. I have - over the years - criticized CanWest and three of the four work for CanWest. They assure me that has no relation to my rejection by them. They allege I am not a "working journalist" - though what the definition is seems strange.

Spokesperson Neal Hall said I could approach the judge. I wrote to her and she has not replied. The other day one of the committee (attending the Basi,Virk, and Basi trial) said I should go to Criminal Registry and get an application form, fill it in, have it stamped, and Madam Justice Anne MacKenzie would respond to the formal application.

I went to Criminal Registry and was sent to Sherriff's counter and was sent to Administration and was handed a sheet with a website address and told the form would be on it. Yesterday, with the Courts librarian I went to the website address - and no form is included on it. From there I went back to Administration, and after some talk, the head there told me that the form isn't on that website and that I have to contact you - not face to face. But by telephone or email. I telephoned you, and when there was no answer I hung up.


And so now I am writing to you by email. I will be happy to hear from you on this subject. Accreditation permits the accredited person to use a recording device in order to assure accuracy of reporting. Since I report regularly and have been doing so for three and a half years, I believe the court will be interested in assuring the information I convey is accurate.

I will appreciate hearing from you without too much delay since the trial is in progress right now.

Thanks for your consideration.

Yours truly,

Robin Mathews
I will continue to resist the urge to bold certain parts, especially with Ms. Leacock's reply - mainly because once I started how would I ever know when to stop - the ridiculosity is so thorough - I do believe Ms. Leacock should be nominated for the Stephen Leacock Prize - except it really ISN"T funny. Next comes Ms. Leacocks absurd excuse for a reply, explanation or to my way of thinking "Ass Covering Excercise
Extraordinaire!"

From: "Leacock, Jill"

Date: June 16, 2010 10:09:41 AM PDT (CA)
To: Robin Mathews rmathews@telus.net
Cc: "McBride, Heidi"
Subject: Journalist Accreditation

Dear Mr. Matthews

I am writing to acknowledge receipt of your recent correspondence, both by way of letter and email. I understand that the accreditation committee, which is external to the Court, rejected your request for journalist accreditation, a decision with which you disagree for the reasons you set out. As you observe, accredited journalists are permitted to bring recording devices into the court room for the limited purpose of using the audio recording to verify the accuracy of their notes. My colleague Ms McBride has written a letter to you to describe the steps that you may take to pursue the matter from this point. The letter and enclosures was sent to you by mail on Monday. I attach for your information, a copy of the letter (without attachments) that was sent.

Associate Chief Justice MacKenzie is aware of your correspondence. Since you have been writing to the court for some time now, I expect you are aware that judges do not engage in correspondence concerning cases that come before them for hearing. That is part of the role that Ms. McBride and I have as lawyers for the Court. Hence you should not expect to receive a reply to your correspondence directly from Associate Chief Justice MacKenzie. If you wish to engage the court’s formal process by bringing an application, it is open to you to do so as Ms. McBride’s letter states.

Jill Leacock, Law Officer
British Columbia Supreme Court
800 Smithe Street,
Vancouver B.C. V6Z 2E1
Ph: (604) 660-2720
Fax: (604) 660-1723
email: jill.leacock@courts.gov.bc.ca

Then our Dr. Mathews responded thus, and this is where the exercise against arrogance and ignorance stands for the moment.

From: Robin Mathews

Date: June 17, 2010 12:44:27 AM PDT (CA)
To: jill.leacock@courts.gov.bc.ca
Subject: Fwd: Journalist Accreditation

Dear Ms. Leacock:

Thank you for your e-mail sent yesterday. I appreciate receiving acknowledgment of my communication to you. (I'm always interested when lawyers spell names incorrectly, and I wonder what part of their training leads in that direction.)

You know, of course, I am fully aware that judges don't answer the letters of ordinary Canadians. I have no opinion on that matter. But I do know that ordinary Canadians have a perfect right to write to judges. If judges choose not to have letters of gravity answered by court officers (such as yourself), then, of course, the judges will face what criticism they evoke by ignoring communications. Judges are - after all - public servants in the very best and highest sense of that phrase.

Associate Chief Justice Anne MacKenzie has chosen to ignore completely my second reasoned and concerned letter about the wrongful appointment of William Berardino as Special Prosecutor in the Basi, Virk, and Basi case. She has doubtless made that decision in the full consciousness of its implications.

Thank you again for writing to me. I await the material sent by Ms. McBride and I am grateful to her for sending it. I shall consider, upon receiving the material, whether to "engage the court's formal process by bringing an application". My letter to you recorded a muddle in the Supreme Court in which it took me three days going from post to post to post to get to the point of being advised to write to you. While the time of court officers is held, it seems, at the highest value there, the time of ordinary Canadians seems to be considered worthless.

I want court accreditation. I may "engage the formal process by bringing an application" to attempt to get accreditation AND to report to an already concerned public the behaviour of the Supreme Court of British Columbia towards those who (in the words I choose to use) are not in its charmed circle.
That I should be weighed for accreditation by a "voluntary" committee of the British Columbia Supreme Court made up of three CanWest employees out of four on the committee is simply unacceptable. That you should characterize that committee as "external to the Court" is baffling! In what way can a committee be "external to the Court" that has acted with the full authority of the Court and with the knowledge of the Associate Chief Justice who accepts its decision? The committee's decision is final (and acceptable to the Court), unless - in your own words - I wish to make an application which, in effect, is to appeal the decision of the committee.

Your statement that the committee is "external" to the court is, I believe, "chop logic" of the first order - a statement that is intended to be incomprehensible to sane people of normal intelligence but which suggests the court is not responsible for actions over which it exerts control.

I believe I was considered by a committee that reasonable men and women reject out of hand.

Thank you again for your communication.

Respectfully,
Robin Mathews
Dear readers, please forgive me for not being able to resist a bit of bolding at the end there, as there is only so much B.S. one can tolerate in silence - Reading this foolishness must be like listening to Martyn Brown "testify" in court!
...........posted by kootcoot

Wednesday, May 12, 2010

 

BC Supreme Court Media Accreditation Committee ... say again?

.
What is a working journalist? Wouldn't it be someone with a set of high skills who attends all the hearings, studies the process, and reveals the story in its fullest form? I think so. And I think Robin Mathews is that highly skilled working journalist who is telling us the BC Rail story in its fullest meaning.

Recently Robin wrote to Court Scheduling to ask for accreditation.  Why? So he could do his job better. He said that if the court is jammed (as it was for the first jury-picking) he needed to get a place where he could hear what's going on ... which isn't always easy in the back row with 150 people in the public gallery. A reply came to him from H.L.McBride, Supreme Court Law Officer, with material describing the Accreditation Process and it referred him to the committee of journalists which does the initial accrediting.  Of the four named as representative of the committee, Robin chose Keith Fraser to write to.

Robin Mathews has been in the BC Rail courtroom with other paid journalists for over three (3) years. Sometimes Robin Mathews is the only working journalist in the public gallery reporting on the BC Rail Trial.  I would imagine that he has logged more hours in the public gallery than any other journalist at the BC Rail hearings. So in my view, the public should know the dark side of what goes on.

Heaven knows we berate the journalists often enough for not doing their jobs better. I, for one, never quite imagined them doing these kinds of things as part of their duty to the public.

First, here's Robin's inquiry:

Dear Keith:  First:  I wrote to Mary Ellen Pearce to ask if I could get accredited as a court reporter. My reply came from H.L.McBride who I can never decide if it's a woman or a man.  Anyhow, the reply was I have to go to someone really powerful to ask - and you were listed among the really powerful!!!!

                     Yes, I would like the right to record.  But also I'd like the right if the court is jammed (as it was for the first jury-picking) to get a place where I can hear what's going on ... which isn't always easy in the back row with 150 people there. I notice that you and CP could slip in to a corner where you were in good relation to the goings-on ...

                    I'd like to know about "accreditation" if you can spare a few minutes over the next days (before the 17th.)

                    good wishes, Robin
___________________________________


Next: Neal Hall of Vancouver Sun offers the formal reply, as follows:


From: "Hall, Neal (Vancouver Sun)"
Date: May 11, 2010
To: , "Fraser, Keith (The Province)" ,
ssmart@ctv.ca, JSeyd@nsnews.com,
Subject: Court accreditation application

Robin Mathews:

The B.C. Supreme Court media accreditation committee considered your application but has decided you are not a working journalist, so do not qualify for accreditation.
We are aware of the valuable role you play as a "blogger" and analyst of the court proceedings, so would encourage you to apply by letter to the trial judge, requesting permission to use a recording device in court.
As for seating, so far, there doesn't appear to be any special arrangements for media seating in the courtroom. So we're all in the same boat - we'll be trying to find the best available seat each day.
Any questions, please feel free to contact me (I can always be reached by e-mail).

Neal Hall
The Vancouver Sun
(604) 605-2067
Email: nhall@vancouversun.com

_____________________________________________

Next, Robin responds:

From: Robin Mathews
Date: May 11, 2010
To: Nhall@vancouversun, com
Cc: KFraser@theprovince.com, ssmart@ctv.ca, JSeyd@nsnews.com
Subject: Fwd: Court accreditation application

Dear Neal:  Thanks for your message of May 11, denying me Supreme Court of B.C. accreditation. Since I'm considered by some to be a kind of 'people's reporter', I guess the refusal will have to be passed on to the sites I write for.  I know there is a certain reluctance by some "conventional' media people to grant legitimacy to the growing number of writers not connected to conventional media. I sympathize because we seem to be in a time of genuine change in public communication. The change has evoked a good deal of dispute, and the "new writers" are sometimes aspersed or considered 'anchorless' by those who consider themselves "working journalists". I appreciate your frankness and am not at all offended on any personal level. I began my working life as a reporter/everything on a small town newspaper here in B.C. and I've been (for better and worse) media-related for most of my life since.  But that - as you might hasten to say, quite reasonably - is not the point.  The refusal, as I say, will have to be reported - and others will take whatever position on the matter that they see fit to take.

good wishes, Robin
                     
_________________________________________

BC Mary continues:

As a citizen, I am offended on so many levels. Let me count the ways: 

* is there, for cryin' out loud, actually a "BC Supreme Court Media Accreditation Committee"?  which isn't made up of BCSC staff?

* is it possible, for cryin' out loud, that 4 CanWest employees can actually decide whether a retired, scholarly gentleman with impeccable training, obviously working as a journalist should be given a seat at the BC Rail Case where he can actually hear the proceedings?

* and for cryin' out loud, that 4 CanWest employees can gang up and say NO ... ?

* the two unknowns -- S. Smart at CTV and Jane Seyd at North Shore News -- are undoubtedly guaranteed their special seats although I've never seen their by-line on any report from the BC Rail Case; is this a little joke? If so, it ain't funny. 


* we wouldn't be having this stupid conversation if BC Supreme Court paid attention to the public interest, granted immediate accreditation to a professor emeritus who applies for it, and, for cryin' out loud, knew how to switch ON  those TV cameras in Courtroom #20 so that  every citizen of BC may see for themselves what develops out of the BC Rail Case.

* I would sure as heck like to see the Policy Manual for this BC Supreme Court Media Accreditation Committee.

I don't want to think what I'm thinking, because if this in any way is a reflection of the true facts, I will have to recycle my former high opinion of what it means to be a real "working journalist".

Quick, get a copy of My Paper Trail by Harold Evans. It will restore faith in news (i.e., good journalism) as a means of improving -- even saving -- the world we live in.  

- BC Mary.

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
A comment worth repeating:

Laila Yuile has left a new comment on  "BC Supreme Court Media Accreditation Committee ......"

This is one of the most ridiculous things I have ever heard in my life. Truly, what have we come to?

The day I was in court last fall, I did see Stephen Smart there, and yet there was no report on CTV that evening - I know, because I watched.

There were the other usual reporters and they did reports in the Sun and the Globe, but there were also several other reporters who took the time to attend and yet never authored a thing, most of whom I could not identify if my life depended on it.

The point is, I do not work for a paper, or a tv station, or a radio station, and yet I am easily able to get accreditation for pretty much any forum or venue based on my freelance status and working on spec.

I am guessing should I ask for accreditation that the response would be the same? What if my reports are purchased after the fact? Does that preclude me from being allowed to enter what seems to be the holy grail of judical process in this province?
Who, exactly, appointed or chose this panel? Not that I am negating their skill or judgements as journalists, but perhaps if the court wishes to pick and choose who can report on proceedings, then it should be the court who makes the decisions, not reporters on the payroll of well known media conglomerates.

Dare I say, conflict of interest? Or is this really just another example of the way things work in BC ?

I would personally welcome such answers from those on the panel, which can be forwarded to me at lailayuile@live.com

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Another heartfelt comment:

concerned citizen has left a new comment on "BC Supreme Court Media Accreditation Committee ......":

Sad that the person who has followed this situation most devotedly and closely, on behalf of BC citizens, for no personal gain, should be treated this way. Embarrassing really. Not only has he worked harder than most reporters in this case, for no monetary gain, he has put himself at risk by speaking his truth about powerful people and events during obviously corrupt times. No wonder we are so vulnerable to those who would willingly take all the power when people like this accreditation committee are afraid to stand up for what is obviously right. Robin's principled actions should have earned the admiration and respect, not the fear and superiority, of this committee. Sad.

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
I'd like to suggest that we express our appreciation for Robin's work by sending a brief, polite request to each of these committee members asking them to endorse his accreditation. Special thanks to N.V.G. for finding their  telephone numbers and e.mail addresses. - BC Mary. 

North Van's Grumps said...
Q. Can I bring a camera or a recording device to court with me?

A. Cameras and recording devices are not permitted in courtrooms. An exception is provided for members of the media who are accredited pursuant to the accreditation processes of the Supreme Court or the Court of Appeal. Accredited journalists are permitted to use recording devices in courtrooms in order to assist them to report accurately on proceedings.

Source: http://www.courts.gov.bc.ca/frequently_asked_questions.aspx

***********************************

Accreditation Process for Journalists

Supreme Court Policy on Recording Devices

Source: http://www.courts.gov.bc.ca/supreme_court/media/Accreditation%20Process%20for%20Journalists%20re%20SCBC%20Policy.htm

The Accreditation Committee members are:

Neal Hall, The Vancouver Sun (604) 605-2067
E-mail: nhall@png.canwest.com

Keith Fraser, Court Reporter, The Province (604) 683-2817
E-mail: kfraser@png.canwest.com


Stephen Smart, CTV (604) 340-7270
Email: ssmart@ctv.ca


Jane Seyd, North Shore News (604) 982-8764
E-mail: jseyd@nsnews.com


Journalists wishing to take advantage of this policy should contact one of the members of the Accreditation Committee.


""""""""""""""""""""""""""""""""""""""""""""""""""""""""""





Friday, January 02, 2009

 

Robin Mathews

.
Capitalist Rant and Denial: The C.D. Howe Institute
By Robin Mathews
Vive le Canada - January 2, 2009


The collapsing economy explained.

__________________________________________________________________


Margaret Atwood vs Robin Mathews: Canadian Identity
By Ron Dart, author and professor at University College of the Fraser Valley


Robin Mathews explained in a superb essay from 2007.

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

Saturday, December 17, 2011

 

Investigating the legitimacy of the Berardino appointment to the BC Rail case

.
Canadian Canary's comment on "B.C. Chief Justice. Playing to the Gallery":

Mr. Mathews, you say no one is asking to have the legitimacy of Bernardino's appointment investigated. Could we appeal to you to send a letter to the Auditor General re Bernardino, or have you done that already?

It seems that request should at least be on record with the Auditor General's office. I would do it myself as an ordinary citizen, but you are much more knowledgeable about the Special Proscecutor in the BVB/BC Rail case.

Alex Tsakumis might also be someone who could do that, having some specific knowledge about Bernardino. However, he seems to focus his towering anger on Christy Clark almost exclusively, particular his evidence. Also, Mr. Tsakumis is rather vague on Bernardino, admitting that he was in conflict of interest as Special Prosecutor, but that he likes Bernardino personally -- a compromising balancing act, I think.

So you're the only one who I can think of who could/should make the request to the Auditor General to investigate the appointment of Bernardino as special prosecutor.

Finally, special disgust must be reserved for the BC NDP, especially Leonard Krog and Mike Farnworth for their willingness to protect wrong-doing at the highest levels, and playing footsie with Mike de Jong in his whitewash of Bernardino's appointment. This isn't the first or last time the NDP rubber-stamped the Liberals' decisions or stayed quiet in the background.

This is the party that wants to form the next government of BC?!?

People who are putting their faith in the NDP to call a public inquiry will have a rude awakening. The BC NDP have had multiple major opportunities on different issues to prove they aren't as craven and self-serving as other parties but they drop the ball most of the time.

Sadly, I don't believe we can trust the NDP to do the right thing on behalf of the people of BC -- in the BVB/BC Rail matter or any other. They will also work in the interests of their friends and "base" supporters, not in the interests of the public.

I'm in a conundrum. Never voted for Campbell/Liberals -- saw through that deceptive destructive megalomaniac long before he started to get caught out. Had high hopes for the NDP, especially when Horgan emerged as a possible leader, but Dix and Sihota prevailed. Now we're seeing the sad return to the worst of the hard left, who will turn out to be untrustworthy dictators as much as the hard right (Harper) but in different areas.
_____________________________________________

BC Mary forwards Canadian Canary's comment to Robin Mathews:

From: Mary Mackie
Date: December 17, 2011
To: Robin Mathews
Subject: re BC Chief justice

Dear Robin,

Here's a thoughtful response to your column. If agreeable to you, I'd like to post your reply to him.

Mary.

______________________________________________


Robin Mathews replies:

Dear BC Mary.  You know that I don't, as a rule, reply to comments on articles.  But since you ask for a reply in this case, I reply.

                          In normal circumstances, the person to request investigation and resolution from is the Attorney General of the province: called 'the chief law officer of the Crown'.  I, of course, made that request.  The assistant deputy Attorney General wrote to me that the matter was sub judice and so he couldn't comment. Mr. W. G. Gillen's reply was in error. Over the period of the Basi, Virk, and Basi case the Gordon Campbell Attorney General's office repeatedly replied to questions about any aspect of the B.C. Rail Scandal (often in the legislature) by saying the matter was sub judice when it often was not.  And so I wrote again to the Attorney General and asked for a reply directly from him, pointing out that the reply from the assistant deputy Attorney General was in error. 

                          The Attorney General never answered my letter.

                          A matter is considered "sub judice" when an action in court is in process, is not decided. The appointment of Willliam Berardino in December of 2003 was never sub judice.  He was conducting the prosecution but his status was never "in process" in any court. And - I believe - W. G. Gillen knew that as well as I did.

                          Consider: if an Attorney General and a Deputy Attorney General - both closely associated with the Special Prosecutor appointed - violate the legislation governing the appointment of Special Prosecutors, their successors are not going to open up the appointment to public scrutiny unless they are moved aside so it may be opened up. By directly or tacitly accepting the illegitimate appointment, all succeeding Attorneys General, I allege, become accessories, all are engaged in the wrongdoing.

                          You ask, I believe, too much of the Auditor General.  That is not surprising since there is nowhere else to go.  The RCMP has refused to investigate the BC Rail Scandal and the Gordon Campbell cabinet involvement in it.  The Mainstream Press and Media has been shamefully irresponsible. You see the response of the Supreme Court of British Columbia to clear, irrefutable evidence of the improper presence of the Special Prosecutor in the courtroom.

                           The powers of the Auditor General do not extend to ordering what should be police investigation of possible wrongdoing. The job of his office is to oversee expenditure of public money to make sure it happens with integrity and responsibility.  If, in the process, the findings of the Auditor General's office should reveal what appears to be criminal negligence, then the members of the legislature to whom the Auditor General's Reports are made, and the Mainstream Press and Media on behalf of the general public, should call upon the RCMP to investigate for wrongdoing. 

                           For all the years of the Gordon Campell/Christy Clark Liberal government, I believe, the Auditor General's annual reports have carried a designation which indicates serious uncertainty about the government's book-keeping. (That is putting the matter with great delicacy!)  The Opposition and the Mainstream Press and Media should, by now, have demanded investigation either by fully empowered Public Inquiry or by the RCMP. 

                          Remember that the RCMP is in negotiation for a twenty year policing contract with a government that it should be investigating for widespread corruption. Remember that allegations were made - as the basis of the Defence strategy - that the accused in the BC Rail Scandal, Dave Basi, Bobby Virk, and Aneal Basi, were "targetted" and had the charges against them "tailored". If that is true, the only possible people who could "target" and "tailor" have to be the investigating police and the Prosecutor with whom they consulted. Remember that the trial of Basi, Virk, and Basi fell apart when Defence asked of Martyn Brown - long-time Gordon Campbell chief of staff - what he knew of the relation between investigating RCMP officer Kevin DeBruykere, his brother-in-law (then) BC Liberal Party Executive Director Kelly Reichert, and Gordon Campbell, (then) premier.

                          Before answers to that question and to many, many others of key importance could be given, the trial was shut down.

                          The Auditor General, I am sure, understands there may be many contradictions in the operation of the Appointments Process to Find Special (Crown) Prosecutors. The revelation that there may be as many as a hundred other cases where "special arrangements" may have been made that may parallel the "deal" made with the accused, Basi, Virk, and Basi, suggests that. I doubt that the Auditor General's powers extend to the matter of the APPOINTMENT of Special (Crown) Prosecutors, since that is not essentially a "money matter" - unless government friends over the years received outrageous payment for services. If "deals", made dubiously or not recorded properly in accounts, were made (as is alleged in the Basi/Virk case) to spend taxpayers' money to pay for costs of convicted wrongdoers connected to police, civil service, legislature members, and/or members of cabinet - then the Auditor General can reveal them in full detail. 

                          It is then the responsibility of the Opposition, the RCMP, the Mainstream Press and Media, and the higher courts of the province to provide the remedies required.  They have all massively failed the people of British Columbia. The Auditor General, alas, is not the Atlas who can shoulder all of their responsibilities as well as the responsibilities of his office.

                          """""""""""""""""""""""""""""""""""""""""""""""""""
BC Mary comment:  speaking of responsibility, consider this:

Saturday, December 17, 2011
Campaign Research Con cats are out of the bag

Campaign Research client and House Speaker Andrew Scheer ruled it "reprehensible" while Campaign Research client and Con House Leader Peter Van Loan defended it as "vital free speech", but Campaign Research cofounder Nick Kouvalis put it best when he described his firm's now infamous phone calls to Lib MP Irwin Cotler's constituents : 
“We’re in the business of getting Conservatives elected and ending Liberal careers. We’re good at it.”
Since 2003. For 39 Conservative candidates in the last federal election alone.

Kouvalis, who managed Toronto Mayor Rob Ford's successful campaign, was also election day chair for Kitchener-Waterloo Con MP Peter Braid.

Other Campaign Research staff currently include the other co-founder Richard Ciano, now running for presidency of the Ontario Con Party, and Aaron Lee-Wudrick, campaign manager for Con MP Peter Braid.

In 2009, Ciano, Wudrick and Braid participated in a series of workshops hosted by the Ontario Progressive Conservative Campus Association and the Preston Manning's Manning Centre for Building Democracy, where Ciano was Executive Director of Practical Politics til Feb 2010 . At one such training session in February 2009, Wudrick and  Ryan O'Connor, 9th VP of the Ontario Con Party, were taped instructing students to set up Con-friendly "shell organizations" and "front groups" :


Wikileaks :
"With the apparent support of representatives from both the Ontario Progressive Conservatives and the Conservative Party of Canada, the OPCCA is attempting to covertly influence the political climate of Ontario's university campuses.

Presenters and participants are caught on tape advocating for the creation of front groups for the Conservative Party to masquerade as non-partisan grassroots organizations, influencing the political discourse on campus, stacking student elections with Party members, and conspiring to defeat non-profit organizations because of political differences, all with the intention of hiding their affiliations to the Party in the process."
(37:10) Aaron Lee-Wudrick : I say we, because, even though [Ryan O'Connor] was the forced neutral [as Student President] and me as the Tory president, it was all orchestrated obviously behind closed doors, and it actually worked out well because it looked like different groups of stakeholders, like I'm the outsider coming in, and you guys were just the responsible student government and we had other members of council, a guy he appointed to council, he got speaking rights but he wasn't an elected member, but just as another voice at the table, it made it look like there were all kinds of different corners where in fact we were all on the same team.
(42:14) Aaron Lee-Wudrick : Campus Radicals for Action on Zimbabwe Yes, or something like that, they were a great shell group. Feel free to use Campus Coalition for Liberty, that's ours so we have a logo and everything.
(50:05) Ryan O'Connor : When Aaron was doing the petition campaign, which "I knew nothing about;" I was printing them in my frickin office in student government, of course I knew about it, of course we were behind it, I couldn't take a public position on that issue because although I wasn't running for reelection, this was three months before the end of my mandate ... if we had made them an issue, no Tory would ever get elected to student government again. 
Ryan O'Connor : Sometimes you can't attach the party's name to something. You just can't. If it's a really controversial issue on campus or something that might show up in the newspaper, you want to be careful. You just have your shell organization and have the Campus Coalition for Liberty and two other Tory front groups which are front organizations, all of those groups might actually qualify for funding too.
Aaron Lee-Wudrick : Don't think that the Party doesn't like that, because they do. They're things that will help the Party, but it looks like it's an organically-grown organization and it just stimulated from the grassroots spontaneously. They love that stuff. And they don't have to bear the burden of having any of it attached to their name."

You know, like pretending to be spontaneous grassroots fake twitterer Karen Philby or making anonymous calls to talk radio. (h/t Montreal Simon)

Plus ça change, plus c'est la fucking Con même chose, eh?

Bonus : Out here in BC, Campaign Research was "the single largest beneficiary of the HST contracts, pulling down $167,000 of the $250,000 total budget for "conducting telephone town hall meetings" related to the implementation of the controversial tax change".

They were hired on by BC rightwinger Suzanne Anton in her unsuccessful Vancouver mayoralty bid, and also set up a fake website mocking Christy Clark for signing up a cat as part of her party membership drive in their campaign work for her rival George Abbott :
In the source code, the author of the website was identified as Bo Chen, who works for Toronto-based Campaign Research

The Campaign Research Con cats are definitely out of the bag.

                         """"""""""""""""

Friday, May 14, 2010

 

Basi-Virk: "These things need to be said."

.
To: nhall@vancouversun.com, kfraser@png.canwest.com, ssmart@ctv.ca, jseyd@nsnews.com

Cc: lchodan@tc.canwest.com, pgraham@vancouversun.com, editorial@publiceyeonline.com, willcocks@ultranet.ca, weststar@telus.net

Dear Neal Hall,

I am addressing this to you since you appear to be the spokesperson for the "Vancouver Supreme Court Accreditation Committee".  In fairness, it should be said that the singular can be taken as plural with respect to your colleagues on the 'committee'. 

Copies are also going to your colleagues on the committee and to certain other interested individuals in the B.C. media.

It has come to my attention that you and/or your committee have denied the application for accreditation of Robin Mathews. I have read with interest and an increasing sense of alarm the correspondence between you and Mr. Mathews as posted on a web site known as 'The Legislature Raids'.

If this material is an accurate representation of your actions and, frankly, your attitude toward the public's right to be informed about matters concerning the upcoming and long delayed trial of Dave Basi, Bobby Virk and Aneal Basi, then every B.C.citizen with a sense of fairness and a desire to be well informed ought to be concerned.

Robin Mathews has spent more time 'reporting' on, analyzing and attempting to understand the impact of the events which form the matrix of this case than any working journalist in this country - let alone this province. This is, simply, undeniable. You may not agree with his conclusions - but the suggestion that he does not have a fundamental right to see and hear clearly every syllable that is uttered in the concluding days of this case and to report on what he hears - is risible.

If anyone has a 'right' to continue to report accurately from the Law Courts during the final stages of this trial it is Professor Mathews. That this individual, who has dedicated himself (for no monetary reward) to reporting and discussing the events and implications of this case should be treated in this disrespectful way is a blot on your own reputation as a reporter and a black eye for the companies you and your colleagues work for.

The  cavalier and dismissive tone you have taken in your discussions with Professor Mathews - whose commitment to Canada and Canadian Studies - not to mention his dedication to get to the bottom of this case - is (or should be) well known. Furthermore, your suggestion that he has a remedy for the situation your denial of accreditation has created is both (given the clear and unambiguous Supreme Court Rule on the subject - which as a reporter you should have known) false and insulting.

I know the working media in this province and this country are going through a difficult transition - a situation which is not unfamiliar to many members of the general public in these difficult times. Many British Columbians are also concerned about their jobs, their debts, their mortgages and their childrens' futures. This, however, is no excuse for your behavior in this case.

In fact, without the hard work of a few independent and many unpaid 'working journalists' I dare say this important case would already have faded into oblivion.

When the working press stops doing its job and thinks it has a role in restricting access to legitimate voices of public concern and communication in courtrooms - especially as they impinge upon the decisions and the actions of government - our democracy is on very shaky ground. 

When one journalist decides that his view of what another journalist has to say (or what he thinks of the way he says it) shoulders out that journalist's commitment to openness, accountability and the public's right to know ALL the facts, we are a long way down the road to having no free press at all.

I hope you, your colleagues and your superiors, will reconsider this decision and provide accreditation for Professor Mathews at once.

Regards,

James King,
Victoria.

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Comment from Skookum1:


Can't there be a legal challenge not just to the composition of this committee, but also to its very existence? That 3 of 4 members work for one notoriously-biased news conglomerate - which contributes to the governing party as also does the chief justice this twit of an editor has recommended Professor Mathews appeal to - is noxious in the extreme. Someone else has pointed out that CBC is unrepresented, which is curious (though the CBC has shown no more interest in this case, nor honesty, than CanWest has).

The Supreme Court should not be in the business of issuing accreditation for the press, or for anyone; it's not in its mandate. A Supreme Court of Canada ruling on this seems to be in order, such that the Supreme Court of British Columbia is out of order in tolerating, or creating, such a committee and its attendant "process".

"What is a journalist?" is not a legally-definable issue, nor is it a viable question under the terms of the Charter of Rights and Freedoms; any more than it has anything to do with common sense. It has to do with clubbery, and back-patting, and insider butt-kissing and information control.

I should note that Wikipedia, which also mandates itself by creating stupid definitions for too many things, distinguishes between newspapers as verifiable/reliable sources vs. blogs as unverifiable/unreliable sources. Yet, as I've pointed out there time and again, British Columbia's mainstream news outlets are NOT reliable sources, and regularly feature op-ed and advertorial as if they were news copy; controversial news reported in blogs, including those of reputable reporters like Bill Tieleman and Rafe Mair, are rejected as being from blogs, while false or at best shoddy news circulated by CanWest is validated as "reliable" simply because they're corporate networks. I have no doubt that the "policies" on this have been defined by moles and propagandists from the major media, and are not innocent guidelines but meant to keep the truth out of Wikipedia, and the rest of the net pages that clone Wikipedia's articles, as much as possible.

But this, this is a travesty of the role of the courts in public life. I can't imagine that Amor de Cosmos or John Robson would have ever thought that Justices Begbie and Crease would have any power over their "accreditation". And I can't imagine Fleet Street putting up with any such nonsense from Britain's high courts, or from the Law Lords.

Speaking of the Law Lords, it seems to me that that's a missing part of our legal system that we should all rue, and is one of those "bad calls" that Trudeau made in "repatriating" the constitution. No higher recourse is available to review the conduct of the justices, or policies, of the Canadian court systems.

Neal Hall's newspaper is a contributor to the Liberal Party of British Columbia. Chief Justice Baumann is also a contributor to the Liberal Party of British Columbia. Suggesting that either one should have power over "accreditation" for critics of that party is wildly inappropriate.

Unfortunately the national media seem to want to dawdle over the Raitt and Guergis Affairs. Even though in both cases it's now said to be "only optics" that's the issue. Clearly, in BC, we have wrongdoing and "juridical insider trading" that's a lot more than just optics, but we have no national media worth spitting at.....

You'd think the CBC would protest not being on this "accreditation committee". But they probably won't even cover this story.....

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Comment by BC Mary, sent as e.mails to the Managing Editors of the 3 CanWest daily newspapers in B.C.

Kirk LaPointe
Vancouver Sun

Wayne Moriarty
Fabian Dawson
The Province in Vancouver

Lucinda Chodan
Victoria Times Colonist


May 15, 2010

It's being said, with concern, that the CanWest news media is avoiding the Basi Virk trial.

Yesterday (May 14) there was an important pre-trial hearing in BC Supreme Court, as the parties prepare for the historic trial expected to begin on Monday (May 17).  I can find nothing about that in [your newspaper] today.

Do you plan to cover the BC Rail Trial (a.k.a. Basi-Virk)? I ask this question on behalf of many people who are genuinely concerned that this significant event may not be reported adequately.

Mary Mackie.
The Legislature Raids
http://bctrialofbasi-virk.blogspot.com/

Kirk LaPointe promptly responded with a single word (Yes), 3 times. On the 4th try, I said his response looked like news, so "do I have your permission to publish this discussion?" No response yet. If he fails to answer before the trial begins, I'll take his lack of response to mean (as before) YES.

The Province says there's no interest in yesterday's pre-trial hearing, which was all about about access to exhibits by media. It had little public interest and dealt with protocol. Deputy Editor Fabian Dawson says they plan "full coverage" whatever that means. In fact, what does "access to exhibits by media" mean??

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

Saturday, May 14, 2011

 

The BC Rail analyst turns his attention to another matter

.
BC Mary comment: Before anyone asks, I'll explain why I believe this book review belongs on a site focused on BC Rail. It's simply this: in writing about Mordecai Richler, Robin Mathews reveals a lot about himself. We see in Robin  someone who throws his strength into the protection of Canadian values and Canadian achievements. 

We've been fortunate that he decided to study and report on BC Rail's recent tortured history. He did that as nobody else has done, and led the way in his unflinching analysis of what it all meant. 

Today, when he tells us about Mordecai Richler, we see those same forces at work; it gives us a better understanding of  the unique, invaluable Robin Mathews himself.


I hope others will enjoy this commentary too. As Robin said, on sending me this column, "It's a little break from serious matters."

~~~~~~~~~~~~~~~~~~~~~~~~~

A Biography of Mordecai Richler – Name-Dropping in Search of a Character.

By Robin Mathews
May 14, 2011


Charles Foran, author of Mordecai, The Life and Times, [Knopf Canada, 2010] didn’t know the subject of his “biography”.  Nor does he show any sign of knowing Richler’s "times". No one who experienced Mordecai Richler could have written a book like the one Mr. Foran has produced.

As propaganda for the political Right it is compelling. As truth to its subject, it is – to this reader – awkward farce.

The fantasy Charles Foran has produced is exactly fitting for a reactionary time when the prime minister is more comfortable telling lies than the truth, when the private corporate press and media abase themselves to perpetuate the falsehoods of the Right, and when the loyal friend (Richler) of some of the most reactionary people in his generation could insist (not intending satire) that he is a socialist.

If Mordecai Richler was a socialist, so is Margaret Thatcher.

That is a small thing, perhaps.  But a biographer needs to get beyond the protestations of his subject. Charles Foran never does.  And so the ‘life’ he gives us, and the ‘times’ he presents are fantasies sewn together to present a Romance at best … and, at worst, a serious misreading of history and personality.

Having been born in the same year as Mordecai Richler, and having lived the first twenty years of life (as he did) in Canada (he in Montreal, me on the B.C. coast), we shared experience ‘in time’.
Every male goes through childhood, puberty and adolescence … and on.  But only genuine contemporaries go through those developments in exactly the same larger world.

We were both about nine when the Second World War began … and about fifteen when it ended.  We both lived the Depression in our own discomforts and through the lives of those around us.  We both (later) had to know that Gabrielle Roy’s Depression novel The Tin Flute (Bonheur d’occasion) was not only about francophones in Montreal, but about Jews there, too, about poor families on Canada’s West Coast … and about the poor all over Canada.

My experience of the young in the Depression and after has a shape to it.  Some of the young learned that - to get a measure of justice for all - they would have to fight steadily, undramatically, and without losing faith..  Others learned that life is dirty and bitter always, and their first task was to look after themselves … as the French have it ‘sauve qui peut’ [Everyone for himself.]. Mordecai Richler, I believe, belongs in the second category.

And so – during the years Mordecai Richler was damning Canada and praising the U.S. (from England), I was, of course, his age.  And in the late 1950s I was, for two years, at a wealthy U.S. State university (Ohio State). My apartment mate was a Jew.  Several Jews occupied other parts of the large house.  They recounted to me the active, on-going anti-semitism around us.  Their car tires were slashed.  The paint was scratched with sharp instruments. Their car windows had anti-semitic hate slogans written on them in soap or wax.

Over coffee in the all-night restaurant, Jewish friends studying the law told me they had to go to New York to get work; they would starve anywhere else.

My white friends were wonderful, warm, generous, open – as friends at that age can be.  But I do not remember one of them who would sit with me in a café or restaurant if they found me there with a Black friend.  Mordecai – as Charles Foran writes – spent time in the U.S. among white publishing folk and at a white artists’ colony:  fantasy worlds out of which he built a fantasy U.S.A.  Charles Foran tells us, more or less, that Mordecai thought the border between the two countries silly, and Canada would have no trouble if annexed to the U.S.

Foran tells us more than once that Mordecai Richler thought of himself as an American writer. And he even (p. 191) “believed himself a proxy American”. But Foran takes those most interesting facts … nowhere … in his analysis of the writer’s make-up and social responses to Canada.

More unsettling, Charles Foran does nothing of significance with the ‘times’ of Mordecai Richler.  At about 20 Richler began his twenty years of expatriation.  Having left at 20, when he had never  been West of the Ontario border, Richler became a resident specialist in England on (and hater of) Canada.

To examine the ‘times’ of Mordecai Richler fairly, a biographer would have to point out that the year after Richler left Canada the Massey Report on the Arts, Letters, and Sciences was published and underwent national discussion and debate, and eventuated in 1957 in the foundation of the Canada Council.

A biographer would have to point out that, during his absence, an awakening occurred – with the Quiet Revolution (1960) in Quebec and with growing concerns in English Canada about independence and colonialism.  They were reflected in the famous (repudiated) 1963 federal budget of Walter Gordon, the foreign ownership Watkins Report of 1968, and the huge and (to government) surprisingly affirmative response by Canadians to Canada’s Centennial Year in 1967.  Richler was away for all that (whatever ‘visits’ he made to Canada).

Not only were changes happening but a large body of younger Canadians were providing the energies of change.  From the Centennial year to the year (1972) Richler returned to Canada new Canadian-centred organizations proliferated.

The Writers’ Union of Canada, The League of Canadian Poets, the Canadian Artists Registry, The Confederation of Canadian Unions, the Action Committee of the Status of Women, The National Farmers Union, The Waffle Movement in the NDP, The Canadianization Movement in education, the Playwrights Circle/Playwrights Co-op, Telefilm Canada, and a huge explosion of new, small publishers happened … as well as much more.

Charles Foran mentions none of them, nor any of the dynamic people who made them happen. Ever. What I have described shaped much of the Canada Mordecai Richler responded to and had to face on his return – his ‘times’.

Almost as if working a planned Blackout, Foran doesn’t add to his compulsive name-dropping of Richler’s “important” (often fiercely Reactionary) friends, the names of organizations and/or people who were making a new social surround – and who were not pleased – and some said so – about his return.  People who shaped the ‘times’. Charles Foran ignores the ‘times’, perhaps because they would not throw glory on his subject.

Having been away while all the work was being done to make Canada more hospitable to creation and the arts – all the while insulting and belittling the country – Richler returned when many, many things were better.

Just for instance, I was shocked (as were others), a little earlier, to learn a major Quebec writer was paid  $50.00 to appear at Carleton University shortly after a minor U.S. writer had been paid $400.00.  That was the situation across Canada.  By the time Mordecai got back to Canada, the “movement” had changed all that and Canadians were being paid properly for their appearances at Canadian colleges and universities. He slipped easily into the new pay structure not having lifted a finger to bring it about.

Later in the 1970s Richler was reported to have continued the lie – begun by Irwin Cotler, McGill Law professor, that the parti quebecois election song was “borrowed from a modern version of a Nazi youth anthem composed for the Broadway play, and later hit film, Cabaret”. Richler had to eat crow.  But that was only one of his worse gaffs.  In his fight to keep Canada colonial and to elevate the U.S. Right in Canada he assumed a pose that made him repugnant.

My first experience of him was in 1959 or 1960 at a Toronto conference of the arts.  On a panel with Hugh MacLennan, Richler was surly, uninteresting, rude, and – apparently – willing to lie.
He didn’t know, he slurred, why he had even come to this event.  We all knew the simple answer –  money.  He dumped on Canadians for not buying and reading his books, and he praised the English in comparison.

In question period I asked him where he sold the greater number of his books – in England or in Canada.  He snarled at me that he sold more books in England (England: 60 million population; Canada: about 18 million).  At the end of the panel a man came up to me, introducing himself as connected to Richler’s publication.  He assured me that Richler sold more books in Canada, and that he had not told me the truth.

That was about eight years before – with James A. Steele of Carleton University … and a host of others across Canada, I helped to set afoot the Canadianization Movement.  It was a movement to end visible discrimination against Canadians of all colours, creeds and political positions in universities, colleges, and other like institutions. So colonial were the administrators of the universities, hiring committees, etc. that they often took for granted ANY applicant from outside Canada was usually superior to ANY applicant from Canada.  We did the research and proved that point.

The research was so well founded that the federal government – it took time of course – changed hiring regulations and processes to assure that Canadians of excellence got fair access to positions in their own country.

In addition, the movement fought (and won) a significantly expanded Canadian curriculum throughout the educational system.  As a result Canadian Literature was taken much more seriously and was taught more widely – with the result that writers like Mordecai Richler had more chance to be heard (and well paid for being heard).

Apparently to defend his view of Canada as inferior and really a part of the U.S.A., (out of – apparently – nowhere, publishing, then, in England, before he came back), Richler attacked what I believe he called ‘the English professor from Carleton University’, the narrow, parochial fellow who wanted to push forward local mediocrity and inferiority instead of the naturally superior foreign applicants.  I was that professor.  Attackers were less vicious with my wonderful colleague James Steele, without which no Canadianization Movement would have been possible.  But, somehow, the wicked centre of the movement (for its attackers) always seemed to be me.  Richler didn’t name me, of course, not deigning to dignify me with a real existence.

He came back to Canada.  He went on the circuit as creative writing teacher and lecturer, usually insulting his audiences and classes as completely as he could.  When he was a guest teacher at Carleton, the Dean of Arts James Downey asked me to have lunch with Mordecai.  I declined.  Downey tried again, and was insistent.  I was at the centre of the fight for Canadianization, and Richler was on the attack against it at all times.  Downey insisted the meeting would be interesting and useful.

We had lunch at the Faculty Club.  I expected to meet a bright, informed person who would lay out some solid arguments for his long-held position.  Mordecai sulked.  All he would say was that he knew an excellent man who worked for a foreign publisher in Canada.  I suggested that any self-respecting country makes sure it has an independent publishing industry for very obvious reasons.  Mordecai sulked, as if I had wanted to meet him … and he was going to show ME. He was a lifeless, uninteresting, self-absorbed bore.

And then a year or two later, Selwyn House (private school) in Montreal (at which I was a guest speaker from time to time) was having a large Canada celebration.  The Headmaster asked me what might give the occasion sparkle and vivacity.  I said that Mordecai had attacked me and the Canadianization movement without let-up, and so if he put us on a panel together the sparks would fly.

The Headmaster wondered if that would be wise … I might get eaten up.  I replied that if Mordecai could win the day before a large audience, then he ought to do so.  I would chance it.  The Headmaster thought it a doubly good idea since Mordecai’s son, Jacob, was a student there. He could see his father in action at his best. (‘Socialist’ Mordecai Richler put all his children – as far as possible – into private institutions.)

When the day arrived, the panel was made up of Mordecai, Jack McClelland, Hugh MacLennan, and me – chaired by Naim Kattan, a good friend of Mordecai’s (and not of mine).  It was at that event  Jack McClelland made clear to me that Richler was in his ‘stable’ of writers, but that McClelland was not in love with him.  I found that particularly interesting since McClelland and I were friendly acquaintances but not, usually, confiding friends.

Richler had just had an article published in Esquire or Hustler or GQ or some such U.S. publication.  Tucked between the bare bosoms and under the spacious rumps of generously endowed women, the text of Mordecai’s article was to the effect that Canada was the attic of the U.S.A., “America” – as I remember it - and Canada was as interesting as a dusty, dark attic.

I described the surroundings of the article, and I said that anyone who would call his country the attic of another country was, surely, a very colonial minded person. Naim Kattan wanted Mordecai to best me, visibly egging him on.  Mordecai sulked.  Here was his chance before a large audience to lay waste, to argue – as he did in print (and in private, apparently) – that I was a nothing, a wet, a narrow-minded pusher of the inferior.

The only cogent thing Mordecai said, as I remember, was that he  could have gone to California to live, and he could have done well there.  We were, doubtless, supposed to understand and thrill at how lucky we were that he chose Montreal! The tireless, bold attacker (in print, and, apparently, elsewhere) melted like a snowman in hot sun.

Again and again, Charles Foran tells us of Mordecai’s hatred of hypocrisy, his belief in fairness and civility.  That is a major thread of the argument in the book …and it is totally unconvincing.

But then Foran is ‘a chip off the old block’ of Mordecai Richler, himself.  Foran returns in his own voice to the  “professor of English at Carleton” (p. 504).  There he offers a fairly long quotation by “the professor of English” about Mordecai from … somewhere… put between quotation marks.

Is it true? Is it a real quotation? The quotation suggests Richler is an “Americanized Canadian”. Richler, himself, says as much several times in Foran’s book. Is the quotation made up by Charles Foran as grist to the “book to support Richler” mill? Since he doesn’t name the person quoted and doesn’t say where the quotation originated – gives no source - though it is there between quotation marks - one has to assume that, like Richler himself, Charles Foran is making up argument to put in the mouth of the shadowy professor at Carleton who only says and does bad, parochial, and unkind things to sensitive Mordecai Richler who is in love with fairness and civility.

Much more could be said about the very bad book.  But I believe showing the failures to “set” Richler in a real background of his ‘times’, and telling the truth of a few real personal experiences point up the strategies in the book to make Mordecai Richler look something he definitely was not.

To close, a word about the fights Richler engaged in about Quebec.  They came, I believe, from the very same pit of ignorance and superficiality that bred his fight against fairness for young, excellent Canadians in their own culture.

The francophone population in Quebec – five or six million – lies in an ocean of English speakers of some three hundred and twenty (plus) million. To preserve the linguistic basis of a distinct culture, language laws and other moves to preserve the real, thriving French language had to be undertaken.  The Quebec struggle was not, is not essentially a desire to reject the rest of Canada, but to keep the resilience of a deeply rooted and long lasting French entity alive and well.

That it is – in a sense – married to and involved with “separatism” is a difficulty that cannot be untangled.  “The Conquest” of 1760 and the active moves by the English Canadians in history to prevent the French part of the nation from spreading cannot be denied.  And those moves made the French in Canada strongly self-defensive. Many believe (and the truth of their belief seems to be being upheld) that to give Quebec equality, to honour its language needs, erodes a desire to separate and make another country.

None of that complexity in the debate that Mordecai engaged in is offered the reader by Charles Foran.  As if there is no long historical background, as if Richler would be diminished by a fair presentation of the debate, Foran never sets out the terms of the Quebec question; he simply champions Richler in a muddied and unclear set of contests, giving the reader – I would argue - neither Mordecai Richler nor his ‘times’.

As with the Canadianization question, so with the Quebec question.  And so with the whole book.  A Romance.  A Fantasy.  Anything but a real and reasonable look at the life and times of Mordecai Richler.  A pity.

""""""""""""""""""""""""""""""""""""""


Sunday, April 15, 2007

 

From Robin Mathews to the Chief Justice

.
Robin Mathews wrote: I went to the post office this a.m. and posted a letter to the Chief Justice of the B.C. Supreme Court, copies to Bennett, Brown, McBride (court officer) and the Canadian Judicial Council (and, it says, "concerned Canadians") about Basi, Basi, Virk and the document restrictions ...

When McBride answered me on behalf of Elizabeth Bennett, she said if I want to see "other" documents (in the restricted pile) I should write Bennett or the Chief Justice - and so I used that as the invite to write the Chief Justice. The letter is one which tries to be elegant while pushing very hard.

Half way through I was thinking: "I wonder if this is a good idea?" Then I picked up the paper, and there was the Daily Horoscope in front of me, and I read my sign. This is what it said: "Too often nowadays there is an official line about what we are allowed to think and say and it is crushing freedom and self-expression. Make it your mission in life to say out loud what others claim is unacceptable. It takes a strong character to defy the powers that be and no one is stronger than you."

"Well," I thought, "if the very planets spinning through space are sending me that kind of message, who am I to resist it?" And so I finished the letter ... and sent it off this a.m. by expresspost.

Read Robin's letter to the Chief Justice: http://www.vivelecanada.ca/index.php?topic=robinscolumn

See also in Vive le Canada 13 April 2007, an SFU profile of Robin's influence upon Canadian Studies in the universities of this country entitled: One of the great Canadian writers: Robin Mathews.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thursday, May 13, 2010

 

BC Rail Case: Will Vancouver Sun, The Province, Victoria Times Colonist publish this information?

.
B.C. Supreme Court Chief Justice Robt. Bauman,             
Assoc. Chief Justice Anne MacKenzie,
Mr. Justice Joel Groves,
Jill Leacock, law officer.

                                                                        May 12, 2010
                                                                       Copies distributed widely.

My Lords, My Lady, and Ms. Leacock:

With the very deepest regret I am writing to you about what I have to believe is one more expression of administrative chaos at the Supreme Court of British Columbia (or, perhaps, far, far worse – what may be perceived as active prejudice and partisanship at the highest levels of the court).

I refer to what you name the “Accreditation Process For Journalists”, a process (June, 2002) by which “accredited journalists” may “take recording devices into B.C. Supreme Court trials in order to assist them to report accurately….”

I have been denied accreditation by a committee of four chosen by the Court (all four committee members are employees of one single, notoriously reactionary media conglomerate which I criticize publicly!), and I reject the decision out of hand.

I request, formally, that you overturn the decision of the committee without any delay and inform me of the overturning without any delay.

 The rejection of my application raises questions very much larger than the particular case of my rejection.

Is the whole basis of the “accreditation” process in place created to prevent ordinary citizens from recording Open Court proceedings – for baldly commercial reasons and not to assure privacy, accused rights, or any other reasons?  The monopoly operators of transcript production are (notoriously) reported to charge outrageous rates for transcripts.  Is the Supreme Court of British Columbia constructing “processes” like the one named here in order to increase the profits of the private corporate monopoly (or monopolies)?

Many Canadians believe, with me, that private (for profit) corporations have no place whatever in the administration of justice in Canada!

In fact, any Canadian should be able to record all proceedings of B.C. Supreme Court trials (the great Open Court system to assure fairness, equity, justice, and responsibility in the conduct of the law in Canadian courts). Restrictions on broadcast of recorded materials and other reasonable restrictions could be placed on ordinary citizens, as they are placed on journalists. To forbid Canadians from recording trial procedures is to brand them as people so likely to act criminally in regard to court procedures that they must be restrained by those appointed to serve them.  Canadians must be denied their fundamental rights because court officers (without the power to do so) decide Canadians will use those rights for criminal purposes.

Such a decision by court officers is an insult to all Canadians and a vile restriction of the freedoms of Canadians.

No other explanation can be made for the denial of recording rights to any Canadian attending a B.C. Supreme Court trial.

In my particular case, I have been attending the BC Rail Scandal court proceedings and reporting widely on them (specifically, but not only, for two Canadian websites) for a period of more than three years.  I have been in the courtrooms involved more than any of the four members of the committee which has denied me accreditation.

The make-up of the committee is a scandal.

The four members of the committee are all employees of the notoriously reactionary CanWest* conglomerate  (generally believed to be a solid supporter of the Gordon Campbell government). CanWest is presently in a state of fragmentation – but that fact has nothing whatever to do with this particular matter or the odious restriction of freedoms placed on ordinary Canadians attending B.C. Supreme Court trials.

I will not protract this letter.  I will, however, report to you something you know very well already.  In B.C. the Supreme Court has (I can say this at a glance and without the least research on the matter) many other places from which to select committee members to oversee the “Accreditation Process For Journalists”.  Just for instance, there is the CBC, the Globe and Mail, The Georgia Strait, Tyee, Black Press papers, university and college journalism faculties, Communications Department faculties, Canadian historians, political scientists… and many, many others .

Without moving from their offices, committee members could act with full responsibility by using (as the “Accreditation” system already provides) the resources of the internet – which allows all “meetings” and deliberations to go on without actual physical meeting of the committee.

For the Supreme Court of British Columbia to constitute a committee for the  “Accreditation Process For Journalists” from one only private media corporation is scandalous. For the choice to be the notoriously reactionary CanWest Corporation is almost unbelievable (and provides a perception of extraordinary bias on the part of the highest Court officers).

The trial of Dave Basi, Bobby Virk, and Aneal Basi begins on May 17.  I ask you to act BEFORE THAT DATE to grant me accreditation for the trial, and to inform me that accreditation has been granted.

                                                                                   Respectfully,


                                                                                   Robin Mathews
                                                                                   XXX Salsbury Drive,
                                                                                   Vancouver, B.C.
                                                                                    V5L XXX

*CORRECTION –“Accreditation Process For Journalists”

The letter to BC Supreme Court Chief Justice Robert Bauman, Associate Chief Justice Anne MacKenzie, Mr. Justice Joel Groves, and Ms. Jill Leacock, law officer contains a single error that must be corrected.  In my letter I said that CTV is a part of the CanWest conglomerate and it is not.  I apologize for the error, especially to CTV.

Almost all of the letter, otherwise, can stand.

CanWest is thought by many to be a supporter of the Gordon Campbell government.  And the committee – with three CanWesters and one CTV person would not be likely to make a different finding, or – perhaps – be able to do so, since a vote would go 75% to CanWesters in a test.

I re-assert that I believe the make-up of the committee to vet accreditation for journalists at Supreme Court trials is a scandal – especially when the very wide range of sources available to provide committee members is considered. Even as the committee stands – with one member from CTV – I do not believe British Columbians would consider it acceptable in its make-up.

I continue to request accreditation for the trial, and request Supreme Court officers make a decision before Monday, May 17 and convey the decision to me.

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

From: Robin Mathews
Date: May 13, 2010
To: nhall
Cc: kfraser , ssmart@ctv.ca, JSeyd@nsnews.com
Subject: Accreditation process for journalists

Dear Neal, and the others on the Accreditation Committee.

          I have just visited bc mary's site and read the flurry of material on the Accreditation process there.  Your acid responses, Neal, redound to your credit as a person loyal to an Accreditation committee that is simply not acceptable.

         As I say in my CORRECTION,  with 75% of the committee employees from CanWest, there is not much chance of anything but CanWest judgement being shown.  The mistake I made should not have been made in my text.  But agreeing to that, I still say the body of the letter I wrote is substantial, and cannot be brushed aside.

         As to the twaddle you speak about ... when you say if I was a professional journalist I wouldn't make a mistake, I can only say that one of my amusements in the whole Basi, Virk, and Basi pre-trial period was to note errors of fact in "professional" reporting - especially from CanWest journalists. We are all human.  We all err.

         In addition, you acidly accuse me (I forget the exact wording) of flying off into what I suppose might be called unfounded speculation and analysis.  You said it less courteously than that.

         I accuse you - and all CanWest journalists of failing to report MAJOR facts placed before them when the facts might cause discomfort to the Gordon Campbell group.  Just for instance, the revelation that the Special Crown Prosecutor was appointed to the BC Rail Scandal case concerning Basi, Virk, and Basi by an Attorney General and Deputy Attorney General who were partners and colleagues of the appointed Special Prosecutor for many, many years - and HAD to be "interested" parties in the accusations involved has been ignored by all "professional" journalists on the case.  The revelation is a revelation of fact, as are the accumulated revelations of Berardino connection to high Liberals. The revelations are not speculation.  And they point to a real violation of the prosecutorial legislation ... I would say a prima facie violation.

The dictionary says that prima facie evidence is "evidence sufficient to establish a fact, or raise a presumption of fact, unless rebutted". Neither the ministry of the Attorney General nor the judges of the B.C. Supreme Court to whom I have presented the evidence will rebutt it.  They refuse, rather, to discuss it.

          All CanWest "professional" journalists - and editors - refuse to report that major revelation.

          I think there is nothing more to say.

          I have written to the Surpreme Court officers to ask for Accreditation.  I think you should never have denied it in the first place.

          with every good wish for your good health and success,  Robin


""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""



 BC Mary writes to Neal Hall ...

To: Hall, Neal (Vancouver Sun)
Sent: Thu May 13, 2010
Subject: Accreditation


Neal,

Robin Mathews needs media accreditation for BC Supreme Court, so that he could properly hear and observe the proceedings.

As you may know, his regular column on the BC Rail Case is published far and wide.

I believe that he has done an exemplary job of attending, observing, analysing, and reporting on the events arising from the Basi, Virk, Basi charges. 

His faithful readers would appreciate your assistance in providing him with proper accreditation so that he may record some of the spoken evidence for his reports, which will be to our benefit.

Mary Mackie
The Legislature Raids
http://bctrialofbasi-virk.blogspot.com/
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
And Neal Hall (Vancouver Sun) replied: 

Mary:
As I told Robin Mathews last week, he can apply to the court for permission to use a recording device.

He should direct his attention to this matter before the trial starts Monday instead of spending his time accusing the media accreditation committee of all being members of Canwest, which is wrong.

If Mr. Mathews were a journalist, he would have checked the facts before making this inaccurate claim.

One committee member, Stephen Smart, works for CTV, which has no connection to Canwest (but has a corporate connection to the Globe and Mail).

This demonstrates why we rejected his application - he makes inflamatory accusations based on opinions, not facts.

Neal Hall
The Vancouver Sun
(604) 605-2067
Email: nhall@vancouversun.com

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
And then she said: 

Neal,

I apologize for the CTV error, which was my error that got caught up in the rush of trying to do something constructive about Robin's situation.  But the fact is: 3 out of the 4 members of The Committee, are CanWest.

And your Committee rejected Prof. Mathews' application before I made that CTV/CanWest error. You have placed undue emphasis on that error.

At issue, is a friend of the court asking for a place to sit, and permission to record, to make best use of the proceedings in Open Court, in order to report to the public. At issue is information which the public needs to know.

If you and/or your committee can facilitate Robin's simple request, I'd appreciate it very much. As would many others.


BC Mary
http://bctrialofbasi-virk.blogspot.com/


"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
... and he said (May 13):
As I pointed out to Robin, accreditation offers no special seating. If seats are set aside for the media, I will ask the sheriffs to include Robin.

As for using a recording device, he can ask the court for permission, as can any citizen.

The way the committee was struck, we chose to have one TV person, two daily print reporters who spend most of their days in court and a weekly newspaper person.

It was strictly volunteers to screen applicants.

The parametres of accreditation were defined after a meeting in 2002 of representatives of all media and the B.C. Supreme Court puic [sic] affairs committee.

There is another meeting in early June, when I can raise the matter.

Neal Hall
The Vancouver Sun
(604) 605-2067
Email: nhall@vancouversun.com

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""