Thursday, January 22, 2009
What's your feeling about this situation? Is the BCRail Trial proceeding in a good way? Or is there room for improvement? Here's the first Legislature Raids poll. To participate, please read the passionate letter to the Vancouver Sun editor (below) ... then say if you agree, disagree, or DNDC (Don't know, don't care) ...
BC RAIL CASE DELAYS DISGUISE THE SMELL OF CORRUPTION
Letters to the Editor - November 29, 2008
From Dave Doman
Re: Dispute over informant goes to top-court appeal, Nov. 28
I am furious about the five-year legal stonewalling in the BC Rail-Basi-Virk case. The truth is being hidden behind a mountain of legal procedures.
This is a classic case of using the legal system to disguise the smell of corruption.
I wonder whether taxpayers are bearing any of the legal expenses for Bob Virk, Dave Basi and Aneal Basi. We are, of course, paying for the prosecution side of this charade.
Now the Supreme Court has become involved -- guess who pays the salaries there? I am certain that the bill for this whole exercise runs into many millions of dollars and the lawyers who are reaping this bonanza have absolutely no incentive to bring it to a close. What a ripoff.
Do you Agree? Disagree? DNDC (Don't know, Don't care)? Just click on "comments" below, and leave your answer. And anything else you'd like to say about this matter. - BC Mary.
At least that's my understanding of the situation.
Your's too Mary?
I'll take time to check this for accuracy later, but ... I seem to remember this from the Glen Clark trial:
the government coffers pay the bills for a government employee accused AND FOUND INNOCENT of the charges,
the government does NOT bear financial responsibility if the accused is a government employee and is found guilty as charged.
Needless to say, former premier Glen Clark was found innocent with regard to his back porch, so BC paid his costs as well as the Crown's.
Which brings me to another question in this trial that has more questions than answers:
Didn't we hear the Basi-Virk Defence team complaining a while ago about not receiving their timely imbursements for their Basi-Virk labours? Which may be what you're thinking of, with your understanding of the situation.
Btw, G., what's your vote?
Me, I'm with Anonymous 10:04 and Dave Doman on this: I AGREE that this trial is taking way, way, way too long. And I don't even like thinking about why that should be happening.
Step 2: BC's new Reality Show:
Sting the Stonewell of BC's Justice System: Pummel the political pyramid of poop.
Contest: Remove the rot and restore the RULE OF LAW and and DEMOCRATIC DUE PROCESS, to British Columbia's Supreme Court/Provincial Govt. through ethical action only.
Politicians BC SC Judges need not apply.
Winner takes all: throned the 'Great Pooba of the People'.
There is clearly a miscarriage of justice being perpetrated, and I would say it is leading to defense stating that these delays have lead to a violation of the charter right to a speedy trial.
Bureacracy and legalese at its finest.
The Justice System in BC has become a 'catch 22'. There will be no justice until the people demand it.
RCMP seized over 10 million from an "unusual form of fund raising"... This could go on forever, or until someone stops all this insanity.
Anonymous 11:45, help! I don't understand this at all.
The POC (Proceeds of Crime?) of what crime?
And how could the federal government lay their hands upon a provincial jurisdiction? - Or are you saying, in a roundabout way, they didn't?
I'd be very interested if you can explain this in a bit more detail. Many thanks.
Oh. And your vote is ... Agree?? Disagree?? or Don't Know, Don't Care??
Your votes would be much appreciated, too.
Not sure I understand you, 2:10.
What exactly is a "projection bias"?
Maybe give us the title for that piece of proposed legislation.
Oh. And please vote in our first-ever poll. Do you Agree? Disagree? or DNDC? with the statement of Dave Doman?
The projection bias reference is the inabililty of people to accept responsibility for failure by blaming someone else for their actions.
As for a title for the proposed legislation a ''moral authority clause" is more a philisophical concept, or wishful thinking, than a rule of written law.
All must grasp a reality few have knowledge of: the BUSINESS of law, and business it is, business as USUAL!
The meter runs on and on and the electorate, whose responsibility it is to do their due diligence, monitor the elected and to be elected, prior to any votes are cast.
(not as clear as I wished it to be. some will understand)
Agree - wholeheartedly.
Behind the bushes of this case there is clearly something lurking, something with the potential to do more than just embarrass the government.
There must be, cause they're already embarrassed - if they had nothing to hide, the disclosure process would not have been so attenuated and like a normal administration they would have taken their lumps and moved on.
I think there is at least one key to the mystery and I think that key is held by Erik Bornmann...the palpable anger (so reported) of the Basis for the crown's star witness in the ALR case leads me to that conclusion...do others have suggestions for other hidden keys?
You've said it all, in 9 clear words. Wow.
And 3:56, you are so right -- this is uncharted territory for most of us, the BUSINESS of law! You've helped us to see that our due diligence is to speak our truth to that BUSINESS power ... and say it just isn't good enough.
Great energy comes with these comments, telling me that people do feel keenly that BC Rail is being forgotten -- just as the public interest is being forgotten -- and that nobody speaks for us -- and we're not liking this one bit.
This small blog is only a small thing, but you're telling me it's worth doing. Your messages tell me to stop feeling worn-down weary and to turn on the reserve powers. OK, I'll try harder.
We should all do the same. Right now is a critical time -- not only with Basi-Virk / BC Rail but also with the May 2009 election.
This blog -- and many other outlets -- including Big Media -- are here for your messages. It's up to us.
As a sidebar has anyone noticed the back peddling that Uncle Stonewally and Premier Photo Op have been doing lately. This would suggest to me that they are so busy covering their arses and covering up the BC Rail case that they don't have time to do their DD on other things.
and all Canadians should raise their voices in agreement and show support for BC Mary's blog. This is not just a BC issue. What happens here will affect all of Canada.
Until it is accepted what the courts are as oppose to what it is generally believed them to be there will be belief in fiction
I don't ever expect to be posted on this site again and mores the pity because I have an abundance of study I would willingly share that would turn the tide on the whole concept of justice,
Ive voted and you have access to my isp identity at least record my vote which again is AGREED!
come on back if you change your mind.
Sounds like you have something special you'd like to say.
Anon above at January 22, 2009 3:56 PM
"the electorate, whose responsibility it is to do their due diligence, monitor the elected and to be elected, prior to any votes are cast."
It is pretty difficult for the "electorate" to perform due diligence. I, for example, would have to make a 10-12 hour trip to attend court, yet I have to help pay for a monitor to keep the Campbell Crime Family informed about what happens there, while neither the so-called media (who act more like a PR firm for the Campbell Crime Family or information suppression organization) or tax payer funded observer share any information with me or other taxpayers/voters.
On Obama's FIRST day he revised the lobbying regulations in Washington DC AND ordered improvements in Freedom of Information Access. In Canada we need to rid ourselves of both Harper and Campbell to have any hope of similar changes.
At present it is more productive in order to find our what our government or lobbyests are doing by submitting a FOI request to the Government of Washington State than to Victoria!!!!!
Even Stonewally's own AG website is more an excercise in the appearance of transparency than any actual effort to share PUBLIC information with the public who pays to have the information produced.
By the way Mary, I think Blogger may well either have, or accomodate a radio check box type survey/poll - I'll look into that - where people can just check and click the answer of their choice and the results are updated in real-time.
You're right, Koot ... not one "Disagree" ... and even one conviction for your favourite politician ...
I'm still trying to figure how to deal with calling a guy "Guilty as charged" (which, as we all know, isn't allowed on this blog) when, in fact, the guy hasn't been charged?
Hmmm. This may require another poll. Maybe next month.
This court case is a sham!
For me that’s proof that there is something very wrong inside the Campbell government and this Campbell government has had a negative affect on many other agencies.
Souring the drinking water if you will.
I agree too.
Boy, the membership of this Ledgie Boy-sanctioned Cult seems to be getting pretty big.
The only thing that could be worse would be if the case were suspended for taking too long. If the latter were to happen, I would pray that the citizens of BC march on the Legilature. As a matter of fact, perhaps citizens should begin marching to the courthouse and to all of Opal's and Campbell's offices now, just to make sure the case moves more quickly and to get information flowing back to the public.
Amen to that prayer, S.I.G., and to your wish that citizens should attend the Court House etc.
It would send a signal to the judge and Crown Prosecution team, to see more people in the public gallery.
There's just a wee bit of a problem, inasmuch as the public can only verify that a Basi-Virk hearing is being held by searching the Court listings on the very day.
Unbelievable, isn't it -- that we may (or may not) see Basi Virk or Basi listed in Vancouver Supreme Court schedule for tomorrow morning ... after 6:30 AM but not before ... which gives only a few people time to pull on their mackinaw and rush to the Law Courts Building at 800 Smyth Street. It pretty much leaves anybody north of Hope -- or north of Victoria -- out of the loop, which is why imo the trial should be televised over the government channel (which is doing boom-all broadcasting of legislative sessions).
Thanks for your vote. So far, every vote has AGREEd that the BC Rail Case isn't unfolding the way we'd like.
Is it possible for you to find someone who can post (on this Blog) the daily schedule for the courthouse in regards to this trial?
Is there someone (perhaps with a coffee bar or someone who works in or near the court) who can read the schedule and post items dealing with the trials to this blog (say by 7AM)? This could do a great deal to help people stay (or get) organized and save fuel etc. I'd do it in a heartbeat if I lived or worked anywhere near the courts. Perhaps Bill Tieleman and you could figure something out....
From the first things I wrote on this blog -- almost 3 years ago -- I have made a point of
1) alerting people the day before a Basi-Virk / BC Rail hearing as to where, and when, and then
2) on the day itself, at 6:30 AM, confirming the time and place of the hearing, which is the only way it can be accessed. Also:
3) I've provided permanent links (Van Court Direct and BC Criminal lists) in the left margin of this page, so that people can double-click onto them and see for themselves, each and every day, just to be sure we aren't missing something - such as the Victoria A.L.R. hearings for Dave Basi, Duncan, and Young.
4) On the masthead, I have given advance notice of the hearings whenever I can find that information via Robin's reports, or Bill T.'s postings, etc., and
5) I have repeatedly urged people to attend, if they possibly can do so, because I strongly believe that a well-attended session would be an excellent reminder to the Judge and lawyers that the public needs to be considered.
S.I.G., if you -- or anyone else -- knows of any more ways we can help people find and attend these hearings, please let us know.
Our government in BC in corrupt. Our justice system is corrupt. The BC RCMP is riddled with corruption. Look up the chain in all these instances for the causes of the corruption, the rot, the lies. No surprises there at all.
Come May vote to cut the cord of corruption that is growning between Campbell and Harper. Harper is learning all sorts of Campbell tricks. Like ripping up contracts. Tho ripping up the RCMP contract might not have been too wise. Those guys are supposed to protect him:) Geo
Not living in the Lower Mainland, myself, I hadn't even looked at postings or links related to court dates and times. In light of what you have posted, I admire your dilligence all the more. If the name were not already in use, I'd sincerely consider calling you St. Mary. Thanks for putting me up to speed, and I'll take some time to consider this problem of getting more people to the courthouse.
It's true that Vancouver people are best able to attend hearings TODAY in Vancouver courtrooms. But there's more to it ...
My view is that people throughout B.C. should be able to access these Supreme Court schedules ... because
sometimes, people will want to make special plans to be in court.
For example, Day One of the actual trial will be a historic moment, worthy of travel and hotel expenses. That is, if we can find out about the court schedule in advance.
The day Premier Campbell is on the witness stand, might be another such day. Or Gary Collins. Or Dave Basi. We need to hear from these players.
The biggest obstacle to courtroom attendance is that TODAY's court listings are posted ONLY TODAY after 6:30 A.M. Folks have to be fast on their feet (or have their own helicopter) to whizz across the miles and skid into the public gallery of Vancouver Law Courts.
OTOH, even if we can't attend -- by confirming for ourselves that SOMETHING relevant to BCRail is happening in court today -- we can then watch the news media for on-the-scene reports. Ha. Good luck with that.
But then, you already know that Basi-Virk / BC Rail news is available mostly from the bloggers who care enough to (a) get the news and (b) share the news.
And it isn't easy. Bill Tieleman does a great job of combining this with his regular paid employment, and sharing generously. Robin Mathews makes a unique contribution (entirely unpaid) by attending most sessions and reporting here and on Vive le Canada. Other bloggers are mentioned on the links here in the left margin. But I repeat, it isn't easy ... and we need people like you to help, in whatever way you can.
For example, I made a grave error of omission which perhaps a Citizen Journalist could have caught in time: I should have been watching the VICTORIA court listings as well as the VANCOUVER court listings ... and then those other trials relevant to The Legislature Raids wouldn't have crept up on us -- and past us by, unnoticed -- like the HMTQ vs Jasmohan Bains drugs trafficking trial June 2008 (unreported until I broke the story in December 2008) -- and the HMTQ v. Dave Basi A.L.R. trial which began only recently.
That's where the bottleneck seems to occur, which prevents the public from taking a timely interest in the development of this case.
The clumsy court listings also create (knowingly or not) a ready tool for manipulation. If the corporate media wants to downplay an issue or a case, all it has to do is ... nothing.
Clumsy court listings ask a tremendous dedication of any citizen, who must do all this watching-and-wondering simply to find out what's going on with such an important issue as BCRail -- a public asset which they once owned.
And that's precisely why this blog was established.
Btw, S.I.G., I checked the court listings for this morning and there's no sign of any BC Rail-related trials. The strange thing is: I never feel completely sure that it's the whole story!
P.S. How do you feel about having TV broadcast the BCRail trial on the government channel, which is already set up, ready to go, and -- for lack of Legislative sessions -- sitting idle?
The adoption of the Charter of Rights and Freedoms has done much to change the nature of Canada. The American philosophy of presumed innocence and inalienable rights of the individual have surpassed the long-standing Canadian stance that individuals also have a responsibility outside of themselves to act on behalf of society. As it now stands, if an individual or corporate entity has money and or connections, he or she can tie up the courts for decades by producing statements one at a time claiming this right or that is being trampled upon and the case can not proceed until a hearing on the side issue is heard. With three parts of a judicial system dragging its feet (an unwilling prosecutor, an indecisive judge and a defense that obviously wants nothing to happen) tied to a police force that moves reluctantly and an obviously connected legislative body that refuses to participate in the process, we see that the individual rights of the public servants have far surpassed the collective rights and needs of the greater society that employs these people.
As years have passed concerning this case, a case that effects the core of democracy in this province: the standing Premier's right and suitability to govern four million people, I would like to see the Supreme Court of Canada put all of its weight toward forcing the process to move forward. This BC Rail trial mocks tradional Canadian societal responsibilities. It mocks justice in Canada and it mocks the people of BC.
BC's leader is no less a sad joke than Blagojevich or Bush. Isn't it funny that one of the reasons that an expensive national railway was pushed across Canada to BC was to allow for law and order to precede settlement. More than 100 years later, we have a valuable BC public railroad that has been quite possibly sold illegally for a less than a pittance against the lawful settlers' protestations, and there has been little law and order working on their behalf.
Fascinating, how the law can become beautiful when it's used to describe our best expectations for society. Thanks for your thoughts.
There's power in the printed word and I hope that you'll talk more about this, here and wherever you can.
About the filming of the trial. No, it is not possible (nor would it be a good idea, imo) for individuals to take cameras into the courtrooms. I think the filming needs to be handled as carefully as court transcripts are.
There are BC courtrooms already set up for TV -- one is the Air India Courtroom -- state of the art and, I believe, with fixed cameras -- so no fancy stuff.
I understand that it is the judge who decides YES or NO ... and the request for filming needs to be a formal request.
I have written to the 3 defence lawyers asking if they would make the request ... but there was no response whatever.
I don't see why we couldn't have the Legislature channel transmit the BC Rail sessions. The government TV channel is usually idle because there are so few days when the Legislature is in session, so why not?
It would be one of those high-minded judicial acts, to make it possible for every British Columbian to hear and see the BC Rail trial.
Very few of us can be in that courtroom every day, but every British Columbian has a concern about what happened to BC Rail.
Any thoughts about how Citizens could motivate the Attorney-General, or the judge?