Thursday, May 15, 2008


Ken Dobell went through cabinet files before police

Premier's top adviser had access to key evidence
Ken Dobell went through cabinet files before police

Michael Smyth
The Province - May 15, 2008

The shocking 2003 raid on the legislature created a bizarre and unprecedented situation for the police, prosecutors, politicians and parliamentarians.

Bashing down the door of a crack house or grow-op is one thing. But this was the legislature, the centre of our democracy, the people's house.

The legislative "precincts," as they're known, operate under their own ancient rules and privileges. At the beginning of every session, MLAs approve a bill called "An Act to Ensure the Supremacy of Parliament" to drive the point home: This is the seat of power in B.C.

So what happens when the cops show up with a search warrant and start hauling away the contents of filing cabinets and computer hard drives? Can any flatfoot flash his badge and start rummaging through the cabinet laundry hamper?

Hardly. The cabinet operates in the strictest secrecy. Cabinet ministers swear an oath to ensure its secrets are preserved.

In a system where parliament is supreme, a special process had to be worked out to ensure the evidence collected in the raid was preserved and the investigation allowed to proceed, all while the supremacy of parliament was respected.

That's why the B.C. Supreme Court set up the evidence-vetting protocol I described in Tuesday's column: All the evidence was sealed in a locked room and only four people, who signed a secrecy agreement, were allowed to look at it.

Thus, it could be decided which documents could be turned over to police and which would remain secret due to cabinet "privilege."

Ken Dobell knew about this protocol. Premier Gordon Campbell's deputy minister and closest adviser was kept in the loop during the protocol's development, according to a government e-mail trail.

Dobell also knew the seriousness of the situation: Three former senior government insiders are charged with accepting bribes, influence-peddling and money-laundering in the government's $1-billion sale of B.C. Rail to CN Rail.

The revelation that Dobell reviewed several of the most crucial cabinet documents in the case before releasing them to the police is mind-boggling. He was not covered by the Supreme Court protocol. He did not sign the undertaking not to discuss the evidence.

"This could jeopardize the trial," NDP justice critic Leonard Krog, who revealed Dobell's involvement, told me yesterday.

Now Krog has written to the deputy commissioner of the RCMP asking for a separate investigation into the Dobell bombshell.

The documents that Dobell reviewed were to be used by the police to conduct interviews with former cabinet ministers Gary Collins and Judith Reid and three senior bureaucrats, Krog notes.

"Mr. Dobell . . . at no time swore an undertaking not to disclose information about those documents and the use the RCMP intended to make of them," Krog wrote yesterday to RCMP Deputy Commissioner Gary Bass.

"Mr. Dobell, due to his unique position in the government, had greater day-to-day access to all the parties to the RCMP interviews than almost anyone in government.

"Given the gravity of the implications of these facts, I ask that the RCMP begin a separate criminal investigation immediately." {Snip} ...

See also (remember this?):


The Legislature Raids - January 16, 2008

Before police raided the B.C. Legislature, there was time to destroy evidence.
By Three Concerned Canadians

During the month of December 2003, key people in the B.C. legislature knew that an unprecedented police raid was coming. The public ever since has been asked to assume that the Campbell government and staff sat meekly for 28 days, doing nothing to protect themselves. We question that assumption ...

This full editorial is in the archives of The Legislature Raids. Find it by scrolling down to January 16; or by typing "time to destroy evidence" in the search box (top of this page, left side).

- BC Mary


I especially liked the last few lines of the column. I know you won't mind if I print them here:

What a mess.

I can only hope the government's appalling handling of the evidence
doesn't derail the case completely so the public gets its answers.

Express Collision Shop Said,

From the "Related to the Trial File"

Speaking of Proper protocol.

"You've upset some of the members here and they're saying things." I said,"Like what?" And he said: "Well, they're saying that maybe you shouldn't be getting any more work with the RCMP." From a phone call from Richard(Dick) Bent (Chief Superintendent of RCMP E Division Vancouver) to RCMP Police psychologist Mike Webster regarding Webster's comments to the media about the Robert Dziekanski tragedy in October. Webster sent a letter to Bent and RCMP top man in BC Gary Bass over these threats. Webster is still waiting for an answer. From todays Globe and Mail. You would think the RCMP would have a proper process or protocol to deal with issues like this. I have nothing but respect for the RCMP, however if this is true, this is very disturbing.

Mary's bloggers may recognise Bass and Bent from their major involvement in this ever so important trial. See Sue Filion's first afadavit and emails from these two officers.

The NDP should demand an investigation into Ken Dobell and all his public affairs. Maybe another one into the tobacco conflict of interest also and millions of nicotine stained dollars invested into tobbacco companies. Another bet on this third party advertising mess. A bushel of Chilliwack sweet corn that the libs squash this new law.

Are you starting to smell a grand Machiavellian play at work here that began with Mr. Campbell's answers to Ms. James questions last spring in the legislature that can be found here?

Because, based on the evidence.....

It had occurred to me Gazetteer, it had occurred to me....
And just when you thought things couldn't get any more bizarre, Mister T has cited reliable sources who report that Spiderman was spotted at a Victoria courthouse at the same time that hearings were being held regarding an attempted removal of acreage from the ALR in Sooke.

Go figure!


I've been tryin' to figure that one. Who knew??

So I searched Victoria Law Courts
Public Access Completed Provincial Court List (Adult)
... all 102 pages.

Found Case #134750-1-D - James S. Duncan

and Case #134750-1-D - Anthony R. Young

who appeared on 13th and 14th of May.

Nothing about Basi (whose charges Mr T. says has been "severed")

Nothing about Erik Bornmann either.

But I did get this:

NEXT APPEARANCE: JUNE 14 AT 2:00 PM for James Duncan.

No further mention of Young.

I dunno. I just dunno.

On page 8 of 42, Item 32 in one of Nancy Reimer's affidavits she wrote:

"..... At the conclusion of the meeting Ms. MacMillan asked to retain the documents for her further review and consideration. I am advised by Ms. MacMillan that the documents were kept in a secure area while in her possession"

Hmmmmm. Where's the affidavit from Ms. MacMillan that describes the steps that she took to secure the documents.... and why did she keep them to herself without anyone keeping an eye on her?
Excellent question, "Monitor".


Way out on a speculative limb here, but.....could it be part of the big deal for Spidey guy to play the part of the 'Star' there too?

(After all, both movies/cases do have the same Director/S.P.)
If Dave Basi had been in the Victoria courtroom on those two days, I could kinda see that connection.

But when it was just Duncan and Young ... no, danged if I can see the connection to Bornmann.

But then, I can't entirely figure out why -- or even how -- they could "sever" Dave Basi from a case involving the alleged bribing of Basi.

I just dunno. You?

"But then, I can't entirely figure out why -- or even how -- they could "sever" Dave Basi from a case involving the alleged bribing of Basi.

I just dunno. You? "

I could easily be wrong, as we are extremely poorly served regarding information concerning the BC Rail Corruption Trial and other sordid BC liaR "business as usual."

I had the "impression" that the Basi charge in the Sooke ALR case had been severed from Victoria and ADDED to the eight pages of charges that accompany case # 23999-X each time something is scheduled (whether or not it actually occurs AS SCHEDULED). I could easily be incorrect!

As far as a connection to Bornmannnnn, I wouldn't be surprised to see him anywhere that COULD be related to lobbyist activity, which pretty well means almost anything/anywhere in British Columbia!
Nice to see you back, Koot.

Small but important correction: the Basi Virk Basi / BC Rail trial number is #23299.

Express Collision Shop Said,

From the "You Won't Believe it Till You See It File"



Can you spell cover up. These crooks can not be that dumb. The RCMP HAVE BEEN CONTACTED along with the Competition Bureau. Heads should roll at ICBC and if this is Mr Van Dongens way of cleaning up this mess, he should resign also. Everyone from top to bottom who had anything to do with this latest coverup should be fired.

I will have more later. There is a meeting this morning with concerned collision and auto glass shops. ICBC employees have told authorities about security tapes being erased at ICBC's Training and Research Center among other things.
Hi Mary,

G.Gentner has a light hearted, but disturbing look at the government’s refusal to inform the public in our province, in respect to the many ongoing legal issues and stonewalling. (Statements by member’s…pg.1400.)

THURSDAY, MAY 15, 2008

Afternoon Sitting


G. Gentner: British Columbia is a remarkable place, and so are its citizens. The province is a record holder in so many ways. [DRAFT TRANSCRIPT ONLY]
Delta's Burns Bog is the largest dome bog in the Americas. Terrace claims the world-record 99-pound chinook. The world-record size for a sturgeon was found 50 years ago in the Fraser River — 20 feet long and 1,800 pounds. Vancouver's Sam Kee building is considered the world's narrowest building. [DRAFT TRANSCRIPT ONLY]
In 1994 Squamish set the world record with an astounding 3,766 eagles counted in one day. Oh, those dismal '90s. I hope they come back. In 1993 the world's first fuel cell–powered, zero-emission transit bus was introduced at Science World… [DRAFT TRANSCRIPT ONLY]


Mr. Speaker: Members. [DRAFT TRANSCRIPT ONLY]

G. Gentner: …and I did get a chance to drive it. On some days we hold North America's highest gas prices. [DRAFT TRANSCRIPT ONLY]
There's Rick Hansen and Steve Nash, and there's that little Mundigel Meraw. In the early '30s she broke seven world marathon swimming records, including a swim from Vancouver to Bowen Island in less than seven hours. She also lost her bathing suit along the way. [DRAFT TRANSCRIPT ONLY]
Harrison Hot Springs has the largest sandcastles, and Hells Gate boasts a record 232 flavours of fudge. The world record for the Grouse Grind is under 27 minutes. [DRAFT TRANSCRIPT ONLY]
At the end of this month there will be a new record. Earlier this week a new title was registered in the Guinness Book of World Records. The claim reads: "The highest amount of responses for a government of a parliamentary democracy in one term of office that uses the excuse that because the issue was before the courts, or similar inferences, it refused to answer the question posed by the official opposition during question period." [DRAFT TRANSCRIPT ONLY]
The count today is 125 and counting. The count will continue until the end of the session. It's a dreadful record, a record no other government will want to beat. This matter is no longer just before the courts. It is now before the Guinness Book of World Records. [DRAFT TRANSCRIPT ONLY]
Holy Smoke, Ecs:

The sky IS falling ... and it seems that, unless CanWest says it's falling, everything is considered to be just AOK.

THANKS for your reports, disturbing as they are. I wonder how many other workplaces have stories like yours to tell.

Anon-y-mouse 10:34:

Thanks for your report, too. Kinda like the same problem with non-reporting, isn't it.

Which -- make no mistake -- is why your comments here are way more important than you might have guessed.

kootcoot wrote:

"As far as a connection to Bornmannnnn, I wouldn't be surprised to see him anywhere that COULD be related to lobbyist activity, which pretty well means almost anything/anywhere in British Columbia!"

I agree, kootcoot.

Among his many and diverse lobbyist activities, Bornmannnnn was ( or is?) a registered lobbyist for the BC Real Estate Association. Quelle surprise.
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