Was British Columbia's Attorney General David Eby grandstanding when asking the BC Liberal's Leader Andrew Wilkinson permission to liaise with former Attorney General Mike de Jong to have access to their Executive Council / Cabinet meeting Minutes?
Eby wants to review the previous government's documents pertaining to the verbal actions of former Minister Rich Coleman where he claims recently that he did ... ‘everything we could’ to crack down on money laundering,”
Why does Eby have to ask for the access? The first fifteen years after the deliberations took place eg. 2017 + 15, are not open to public disclosure IF.......
Section 12 of the Freedom of Information and Protection of Privacy Act
12 (1) The head of a public body must refuse to disclose to an applicant information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees.
There has been one violation of that Act before, and it was done during the BC Rail Trial! No waiting for 2003 + 15 years until NOW 2018 on the topic money laundering.
Premier Gordon Campbell sent his
Deputy Premier, Ken Dobell into the vault holding Executive Council / Cabinet documents to peruse any details that were pertinent to BC Rail trial, and it was done without the permission of the Court, nor was Dobell covered by the Supreme court vetting protocol.
Three senior government insiders were charged with
'accepting bribes, influence peddling and money laundering' in the sale of BC Rail to others.
Here we are in 2018, with a new BC government checking into the previous one on what actions Rich Coleman claims he took to rein in
Casino money laundering which leaves the door wide open to as to whether or not the BC Liberal government discussed not only Casino money but also the two topics of 'accepting bribes and influence peddling".
BC Rail Trial
The Province
May 15, 2008
Mike Smyth
... 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.
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Vancouver Sun
August 20, 2018
Vaughn Palmer
Liberals should hand confidential money laundering documents over for independent review
B.C. Liberals should consider handing over confidential documents related to the money laundering scandal, but only to a non-partisan committee.
........ “Former minister Rich Coleman has recently said that the previous government did ‘everything we could’ to crack down on money laundering,” wrote Eby, citing the former deputy premier’s response to release of
the Peter German report on money laundering.
“In that light,” continued Eby, “I am requesting that the Opposition support our efforts in fighting this criminal activity in B.C. It is our government’s desire to continue to aggressively pursue measures to counter money laundering, but to do so in a manner that does not duplicate unsuccessful efforts from previous governments.”
Scarce resources, you see.
“I am writing directly to seek your support of this effort by obtaining agreement from the members of the previous government to waive cabinet privilege on all documents relating to money laundering.”
Cabinet privilege being the convention, linked to the oath of confidentiality, that shelters cabinet minutes, documents and the like from public scrutiny for decades after the fact.
Not that Eby was suggesting a blanket waiver of the long-standing rule that protects governments of every political persuasion.
Rather: “I can commit on behalf of the government, that information from these documents would remain confidential.”
The Invitation to Mr. Wilkinson:
August 10, 2018
Dear Mr. Wilkinson:
As you know, Dr. Peter German released his independent review of anti-money laundering practices last month. Our government is acting quickly to implement Dr. German's recommendations.
As we proceed with the work with work of finding the best ways to implement the recommendations I am taking this opportunity to write to you with a specific request.
Former Minister Rich Coleman has recently said that the previous government did "everything we could" to crack down on money laundering. In that light, I am requesting that the Official Opposition support our efforts in fighting this criminal activity in British Columbia. It is our government's desire to continue to aggressively pursue measures to counter laundering, but to do so in a manner that does not duplicate unsuccessful efforts from previous governments.
In order to do this work in a manner that makes the most effective use of limited public resources, I am writing to seek your support of this effort by obtaining agreement from the members of the previous government to waive cabinet privilege on all documents relating to money laundering.
The information found in these document would contribute to our efforts in finding ways to comprehensively end such criminal practices in BC casinos and throughout BC's economy through avoiding failed measures already attempted by previous administrations. I can commit on behalf of the government, that information from these document would remain confidential.
If you are amendable to this proposal, please indicate your willingness to help and we will proceed with an official request to former Minister Mike De Jong, who is the designated representative of the previous government.
I look forward to your response.
Yours truly,
David Eby, QC
Attorney General
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Vetting Reference: BC Legislature: Question Period
May 8, 2008
Hon. W. Oppal: "I have exercised the responsibility I was
given to determine whether to assert privilege on any government
documents completely independently, free of any influence. There has
been no attempt by anyone to influence my decisions. I have been left
entirely to my own judgment to decide these questions, and I have not
consulted with anyone other than receiving legal advice from Mr.
Copley."
B. Ralston: The Attorney General should be aware, and
I'm sure he is aware, that Mr. Seckel only got involved later on. The
initial protocol was different. The protocol was set up to preserve the
integrity of the investigation while documents were vetted for
privilege.
Only four people were legally permitted to see those
documents. All of them had to sign an undertaking that they would not
disclose the document or discuss it. Mr. Dobell was not on that list. He
was not permitted under the process sanctioned by Mr. Justice Dohm to
see or hear about the documents, but he did.
The government violated its undertaking, and that is a
problem for the integrity of the investigation. The Attorney General, in
the independent, non-partisan aspect of his office — the office he
holds — has an obligation to protect the integrity of the Crown. How
will he exercise that obligation here?
Hon. W. Oppal: The answer to that question is clear and simple — by letting the court do its work.
