Dagenais/Mentuck test bc rail trial

Dagenais/Mentuck test bc rail trial

1. R. v. Sipes, issue of access by media to exhibits entered at a trial ...

   bcjustice.com/index.php?...trial-trial...

   12 Jul 2011 – IN THE SUPREME COURT OF BRITISH COLUMBIA .... The Dagenais/Mentuck test is applicable at every stage of the judicial process but must ...

2. Sangha v. - BCJustice/Court cases/British Columbia/Supreme Court ...

   www.bcjustice.com/index.php?...trial...

   26 Jan 2012 – British Columbia, 2010 BCCA 169, 4 B.C.L.R. (5th) 22, the Court applied the Dagenais/Mentuck test in the context of an appeal from the ...

3. ACCESS PERMITTED - R. v. Basi, Ruling on Application for ...

   bcjustice.com/index.php?option...r...

   2 Jun 2011 – [4] The trial of this matter ended in October 2010 when Dave Basi and Bobby ... The Dagenais/Mentuck test is applicable at every stage of the ...

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

Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835, and R. v. Mentuck, 2001 SCC 76

Update March 15, 2012

[application/pdf] (I.)/~(fu1.Q(J11lfl{1~jL-
... From: Lowther, Brett GCPE:EX To: Brazier, Heather M JTI:EX; cc: Blewett, Tyann
M SG:EX; Subject: Times colonist article Date: Friday, May 7, 2010 ...
http://docs.openinfo.gov.bc.ca/D44851511A_Response_Package_PSS-2011-01239.PDF

Page 5

Big questions 

The Supreme Court of Canada has clearly recognized the principle of openness in the court system in Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835; R. v. Mentuck, [2001] 3 S.C.R. 442 and more recently in R. v. Toronto Star Newspapers Ltd. 2005 SCC 41.  http://csc.lexum.umontreal.ca/en/2005/2005scc41/2005scc41.pdf
 
The Court has also recognized that there are exceptions to this principle.
 
The general principles are as follows:
 
1. Every court has a supervisory and protecting power over its own records.
2. The presumption is in favor of public access and the burden of contrary proof lies upon the person who would deny the exercise of the right.
3. Access can be denied when the ends of justice would be subverted by disclosure or the judicial documents might be used for an improper purpose. Curtailment of public accessibility can only be justified where there is present the need to protect social values of superordinate importance. One of these is the protection of the innocent.
A.G. (Nova Scotia) v. MacIntyre, [1982] 1 S.C.R. 175, at 186-189.

In summary, the public interest in open trials and in the ability of the press to provide
complete reports of what takes place in the courtroom is rooted in the need:

PSS-2011-01239
(1) to maintain an effective evidentiary process;
(2) to ensure a judiciary and juries that behave fairly and that are sensitive to values espoused by society;
(3) to promote a shared sense that our courts operate with integrity and dispense justice; and 
(4) to provide an ongoing opportunity for the community to learn how the justice system operates and how the law being applied daily in the courts affects them. 

CIBC Historical Effective Prime Rate, another nail in the coffin of the BC Rail trial

 

 https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/government-finances/historical-effective-prime-rate.pdf

Link Verified for Update: March 31, 2024

++++++++++++

Link Updated: July 13, 2023

October 24, 2023 7.20% 

 ++++++++++++++++++

  June 8, 2023:   6.95%

 ++++++++++++++++

 current prime rate 6.70% as of January 28, 2023

 +++++++++++++++++++

April 14, 2022  3.20%

 

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

-----------------------

March 17, 2020  2.95%

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

Update Prime Interest Rate for CIBC: Current prime rate   3.45% as of  January 18, 2018


View Historical Effective Prime Rates

During what is known as the Basi, Virk, Basi trial, a question was posed by Kevin McCullough, the lawyer for Bobby Virk, to Crown Witness Brian G. Kenning, on what was the going interest rate on an indemnity ($255 million), to which the reply came back that he had no idea, besides, the Board of Directors for BC Rail didn't put that into the agreement when it came to clinching the deal on the sale of BC Rail to CN Rail.   Who did?   The government of Gordon Campbell, of course.

For a layperson to go looking for the going prime rate, whether it be on the internet or even going so far as to ask a bank for such historical data, the first method is FREE, the second..... well I'm quite sure there would be a price tag attached, especially during the trial.


Election BC to the rescue, not that I was looking for that particular data last night, a month and a half after the $6 million payoff, I just found it at their wonderful website while doing some Dry reading where every once in awhile something makes you go WOW!!!!.   The reason I was looking for this particular information was because I wanted to know how Elections BC counted political donations.  I've kindly highlighted in Bold below, "Prime Interest Rates".

http://www.elections.bc.ca/docs/fin/407.pdf    Prime Interest Rates

"Prime Interest Rates

If a loan to a political party, constituency association, candidate, leadership contestant or a nomination contestant is made at an interest rate less than the prime rate of the principal banker to the Province of British Columbia at the time the interest rate is fixed, the benefit derived is a political contribution. The interest rates that should be used when completing the Loans and Guarantees Received (S-L1) form to calculate the amount of interest payable at the prime rate are located at the following sites:

Historical interest rates – http://www.fin.gov.bc.ca/PT/bcm/histrates.shtml
Current interest rate – http://cibc.com/ca/rates/index.html

If you have any questions, please contact the Electoral Finance program area at
Elections BC."

 I clicked on the Historical interest rates without realizing there was "fin" in the link which took me to this page's contents:

"The Canadian Imperial Bank of Commerce (CIBC) is considered to be the Province’s principal banker for interest rate reference purposes. As the need to determine the prime rate of the Province’s banker arises under various enactments and instruments across government, the historical record of CIBC’s prime lending rate can be referenced below. The rates are listed from 1974 and will be updated on a periodic basis. Please refer to CIBC's Web site for the most recent rate.
View the Historical Effective Prime Rate table."

I went Hmmmmmm.   Canadian Imperial Bank of Commerce (CIBC) and wondered aloud as to whether CIBC World Markets was related to CIBC.   Would you make the same observation?   Would you be tempted to take the next step in the link to View the Historical Effective Prime Rate Table that goes back to 1974 and is updated on a periodic basis.   I did.

On page 2 of the document, top right corner... April 14, 2004, the going interest rate was 3.75%!!!!!

The indemnity that the Executive Council (Cabinet) signed off on the sale of BC Rail to CN Rail was a whopping 9%, and the really interesting thing is that the numbers show that the Prime Rate peaked on July 11, 2007 at 6.25%, and went into a steady decline, all through 2008, till September 9, 2010 at 3.00%.

So could you tell me this again, Premier Gordon Campbell, and Finance Minister Colin Hansen, and all those who are currently in the running to be the next Premier, via the BC Liberal Party, just when did you decide to implement the Harmonized Sales Tax?   Just when did the Deputy Minister of Finance become alerted to the need to Harmonize with the rest of Canada?

The government has plenty of graphs, plenty of GDP to compare to various streams of information, but just looking at the Prime Rate is good enough for me.

For more information on the background  on how the public was hosed:

http://pacificgazette.blogspot.com/2010/06/how-legitimate-exactly-is-railgate.html  The Gazetteer

http://therealstory.ca/2010-09-21/bc-liberals/bc-rail-how-badly-were-we-hosed  The Real Story

Last Update: January 13, 2014 still no change since September 9, 2010

CIBC Current prime rate 2.70% as of July 16, 2015  

April 16, 1974	10.50%
May 13, 1974	11.00%
July 24, 1974	11.50%
November 21, 1974	11.00%
January 15, 1975	11.50%
February 1, 1975	9.75%
February 26, 1975	9.00%
September 5, 1975	9.75%
March 10, 1976	10.25%
November 23, 1976	9.75%
December 24, 1976	9.25%
February 1, 1977	8.75%
June l, 1977	8.25%
March 15, 1978	8.75%
April 5, 1978	9.25%
August 1, 1978	9.75%
September 15, 1978	10.25%
October 18, 1978	11.00%
November 7, 1978	11.50%
January 5, 1979	12.00%
July 25, 1979	12.50%
September 10, 1979	13.00%
October 10, 1979	13.75%
October 26, 1979	14.75%
November 2, 1979	15.00%
March 17, 1980	15.75%
March 28, 1980	16.50%
April 3, 1980	17.50%
April 21, 1980	17.25%
April 28, 1980	16.75%
May 5, 1980	16.50%
May 12, 1980	15.75%
May 15, 1980	14.75%
May 26, 1980	13.75%
June 23, 1980	13.25%
July 21, 1980	12.75%
July 25, 1980	12.50%
August 5, 1980	12.25%
October 3, 1980	13.00%
October 10, 1980	12.75%
November 3, 1980	13.25%
November 18, 1980	13.75%
November 28, 1980	14.50%
December 5, 1980	15.50%
December 12, 1980	17.00%
December 19, 1980	18.25%
March 23, 1981	17.75%
April 20, 1981	18.00%
April 20, 1981	18.50%
May 1, 1981	19.50%
June 5, 1981	20.00%
July 24, 1981	21.00%
July 31, 1981	21.75%
August 7, 1981	22.75%
September 8, 1981	22.25%
September 14,1981	21.75%
September 21, 1981	21.25%
October 9, 1981	20.75%
October 19, 1981	20.00%
November 9, 1981	19.50%
November 16, 1981	18.00%
November 23, 1981	17.25%
January 4, 1982	16.50%
March 26, 1982	17.00%
June 4, 1982	17.50%
June 18, 1982	18.25%
July 16, 1982	17.75%
July 23, 1982	17.25%
August 6, 1982	17.00%
August 20, 1982	16.00%
September 3, 1982	15.50%
September 24, 1982	15.00%
October 8, 1982	14.50%
October 15, 1982	13.75%
November 12, 1982	13.00%
December 17, 1982	12.50%
January 7, 1983	12.00%
February 18, 1983	11.50%
April 19, 1983	11.00%
March 23, 1984	11.50%
May 9, 1984	12.00%
June 25, 1984	12.50%
June 29, 1984	13.00%
July 6, 1984	13.50%
August 10, 1984	13.00%
October 26, 1984	12.50%
November 20, 1984	12.00%
December 7, 1984	11.75%
December 21, 1984	11.25%
November 11, 1985	11.00%
February 22, 1985	11.50%
March 8, 1985	11.75%
March 29, 1985	11.25%
April 12, 1985	11.00%
April 19, 1985	10.75%
May 22, 1985	10.50%
August 23, 1985	10.25%
October 7, 1985	10.00%
January 7, 1986	10.50%
January 14, 1986	11.00%
January 31, 1986	11.50%
February 7, 1986	12.25%
February 14, 1986	13.00%
March 14, 1986	12.50%
March 21, 1986	12.00%
April 7, 1986	11.50%
April 11, 1986	11.25%
May 2, 1986	10.50%
May 16, 1986	10.25%
July 18, 1986	9.75%
January 23, 1987	9.25%
March 13, 1987	8.75%
April 24, 1987	9.25%
May 22, 1987	9.50%
July 31, 1987	10.00%
October 9, 1987	10.25%
October 23, 1987	9.75%
April 23, 1988	10.25%
June 3, 1988	10.75%
August 26, 1988	11.25%
September 16, 1988	11.75%
December 9, 1988	12.25%
February 17, 1989	12.75%
March 23, 1989	13.50%
February 15, 1989	14.25%
April 23, 1990	14.75%
August 17, 1990	14.25%
September 21, 1990	13.75%
November 3,1990	13.25%
December 21, 1990	12.75%
January 18, 1991	12.25%
January 31, 1991	11.75%
February 19, 1991	11.25%
April 3, 1991	10.75%
April 25, 1991	10.25%
May 22, 1991	9.75%
September 13, 1991	9.50%
October 21, 1991	9.00%
October 25, 1991	8.75%
November 7, 1991	8.50%
December 6, 1991	8.00%
January 24, 1992	7.50%
March 6, 1992	8.25%
April 10, 1992	8.00%
April 16, 1992	7.75%
April 16, 1992	7.50%
June 5, 1992	7.25%
June 19, 1992	7.00%
July 24, 1992	6.75%
August 6, 1992	6.50%
Septembers, 1992	6.25%
October 1, 1992	8.25%
October 28, 1992	7.75%
November 3, 1992	7.50%
November 17, 1992	8.25%
November 20, 1992	9.00%
December 8, 1992	8.75%
December 15, 1992	8.50%
December 15, 1992	8.25%
December 18, 1992	8.00%
December 21, 1992	7.75%
December 22, 1992	7.50%
December 23, 1992	7.25%
January 12, 1993	7.00%
January 15, 1993	6.75%
February 27, 1993	6.50%
March 4, 1993	6.25%
March 22, 1993	6.00%
July 12, 1993	5.75%
August 25, 1993	6.00%
September 16, 1993	5.75%
November 9, 1993	5.50%
March 28, 1994	6.25%
April 1, 1994	6.50%
April 4, 1994	6.75%
June 22, 1994	8.00%
July 13, 1994	7.75%
July 19, 1994	7.50%
Augusts, 1994	7.25%
September 14, 1994	7.00%
Decembers, 1994	7.50%
December 14, 1994	8.00%
January 13, 1995	8.50%
January 18, 1995	9.25%
February 21, 1995	9.50%
March 1, 1995	9.25%
March 8, 1995	9.75%
May8, 1995	9.25%
June 5, 1995	9.00%
June 14, 1995	8.75%
July 7, 1995	8.50%
July 12, 1995	8.25%
August 29, 1995	8.00%
November 1, 1995	7.75%
November 1 , 1 995	7.75%
December 20, 1995	7.50%
January 29, 1996	7.25%
February 1, 1996	7.00%
March 25, 1996	6.75%
April 19, 1996	6.50%
July 26, 1996	6.25%
August 12, 1996	6.00%
August 23, 1996	5.75%
Octobers, 1996	5.50%
October 17, 1996	5.25%
October 29, 1996	5.00%
November 12, 1996	4.75%
October 2, 1997	5.25%
November 26, 1997	5.50%
December 15, 1997	6.00%
February 2, 1998	6.50%
August 28, 1998	7.50%
September 30, 1998	7.25%
October 19, 1998	7.00%
November 19, 1998	6.75%
April 1, 1999	6.50%
May 5, 1999	6.25%
November 18, 1999	6.50%
February 4, 2000	6.75%
March 23, 2000	7.00%
May 18, 2000	7.50%
January 21, 2001	7.25%
March 7, 2001	6.75%
April 18,2001	6.50%
May 30, 2001	6.25%
July 18, 2001	6.00%
August 29, 2001	5.75%
September 18, 2001	5.25%
October 24, 2001	4.50%
November 28, 2001	4.00%
January 16, 2002	3.75%
April 17, 2002	4.00%
June 5, 2002	4.25%
July 17, 2002	4.50%
March 5, 2003	4.75%
April 16, 2003	5.00%
July 16, 2003	4.75%
September 4, 2003	4.50%
January 21, 2004	4.25%
March 3, 2004	4.00%
April 14, 2004	3.75%
September 9, 2004	4.00%
October 20, 2004	4.25%
September 8, 2005	4.50%
October 19, 2005	4.75%
December 7, 2005	5.00%
January 25, 2006	5.25%
March 8, 2006	5.50%
April 26, 2006	5.75%
May 25, 2006	6.00%
July 11,2007	6.25%
December 5, 2007	6.00%
January 23, 2008	5.75%
March 5, 2008	5.25%
April 23, 2008	4.75%
October 9, 2008	4.50%
October 14, 2008	4.35%
October 22, 2008	4.00%
December 10, 2008	3.50%
January 21, 2009	3.00%
March 4, 2009	2.50%
April 22, 2009	2.25%
June 2, 2010	2.50%
July 21, 2010	2.75%
September 9, 2010	3.00%
January 21, 2015	2.85%
July 15, 2015	2.70%
July 13, 2017	2.95%
September 7, 2017	3.20%
January 18, 2018	3.45%
October --, ----	??.45%

April 16, 1974

10.50%

May 13, 1974

11.00%

July 24, 1974

11.50%

November 21, 1974

11.00%

January 15, 1975

11.50%

February 1, 1975

9.75%

February 26, 1975

9.00%

September 5, 1975

9.75%

March 10, 1976

10.25%

November 23, 1976

9.75%

December 24, 1976

9.25%

February 1, 1977

8.75%

June l, 1977

8.25%

March 15, 1978

8.75%

April 5, 1978

9.25%

August 1, 1978

9.75%

September 15, 1978

10.25%

October 18, 1978

11.00%

November 7, 1978

11.50%

January 5, 1979

12.00%

July 25, 1979

12.50%

September 10, 1979

13.00%

October 10, 1979

13.75%

October 26, 1979

14.75%

November 2, 1979

15.00%

March 17, 1980

15.75%

March 28, 1980

16.50%

April 3, 1980

17.50%

April 21, 1980

17.25%

April 28, 1980

16.75%

May 5, 1980

16.50%

May 12, 1980

15.75%

May 15, 1980

14.75%

May 26, 1980

13.75%

June 23, 1980

13.25%

July 21, 1980

12.75%

July 25, 1980

12.50%

August 5, 1980

12.25%

October 3, 1980

13.00%

October 10, 1980

12.75%

November 3, 1980

13.25%

November 18, 1980

13.75%

November 28, 1980

14.50%

December 5, 1980

15.50%

December 12, 1980

17.00%

December 19, 1980

18.25%

March 23, 1981

17.75%

April 20, 1981

18.00%

April 20, 1981

18.50%

May 1, 1981

19.50%

June 5, 1981

20.00%

July 24, 1981

21.00%

July 31, 1981

21.75%

August 7, 1981

22.75%

September 8, 1981

22.25%

September 14,1981

21.75%

September 21, 1981

21.25%

October 9, 1981

20.75%

October 19, 1981

20.00%

November 9, 1981

19.50%

November 16, 1981

18.00%

November 23, 1981

17.25%

January 4, 1982

16.50%

March 26, 1982

17.00%

June 4, 1982

17.50%

June 18, 1982

18.25%

July 16, 1982

17.75%

July 23, 1982

17.25%

August 6, 1982

17.00%

August 20, 1982

16.00%

September 3, 1982

15.50%

September 24, 1982

15.00%

October 8, 1982

14.50%

October 15, 1982

13.75%

November 12, 1982

13.00%

December 17, 1982

12.50%

January 7, 1983

12.00%

February 18, 1983

11.50%

April 19, 1983

11.00%

March 23, 1984

11.50%

May 9, 1984

12.00%

June 25, 1984

12.50%

June 29, 1984

13.00%

July 6, 1984

13.50%

August 10, 1984

13.00%

October 26, 1984

12.50%

November 20, 1984

12.00%

December 7, 1984

11.75%

December 21, 1984

11.25%

November 11, 1985

11.00%

February 22, 1985

11.50%

March 8, 1985

11.75%

March 29, 1985

11.25%

April 12, 1985

11.00%

April 19, 1985

10.75%

May 22, 1985

10.50%

August 23, 1985

10.25%

October 7, 1985

10.00%

January 7, 1986

10.50%

January 14, 1986

11.00%

January 31, 1986

11.50%

February 7, 1986

12.25%

February 14, 1986

13.00%

March 14, 1986

12.50%

 March 21, 1986

12.00%

April 7, 1986

11.50%

April 11, 1986

11.25%

 May 2, 1986

10.50%

May 16, 1986

10.25%

July 18, 1986

9.75%

January 23, 1987

9.25%

March 13, 1987

8.75%

April 24, 1987

9.25%

May 22, 1987

9.50%

July 31, 1987

10.00%

October 9, 1987

10.25%

October 23, 1987

9.75%

April 23, 1988

10.25%

June 3, 1988

10.75%

August 26, 1988

11.25%

September 16, 1988

11.75%

December 9, 1988

12.25%

February 17, 1989

12.75%

March 23, 1989

13.50%

February 15, 1989

14.25%

April 23, 1990

14.75%

August 17, 1990

14.25%

September 21, 1990

13.75%

November 3,1990

13.25%

December 21, 1990

12.75%

January 18, 1991

12.25%

January 31, 1991

11.75%

February 19, 1991

11.25%

April 3, 1991

10.75%

April 25, 1991

10.25%

May 22, 1991

9.75%

September 13, 1991

9.50%

October 21, 1991

9.00%

October 25, 1991

8.75%

November 7, 1991

8.50%

 December 6, 1991

8.00%

January 24, 1992

7.50%

 March 6, 1992

8.25%

April 10, 1992

8.00%

April 16, 1992

7.75%

April 16, 1992

7.50%

June 5, 1992

7.25%

June 19, 1992

7.00%

July 24, 1992

6.75%

August 6, 1992

6.50%

 Septembers, 1992

6.25%

October 1, 1992

8.25%

October 28, 1992

7.75%

November 3, 1992

7.50%

November 17, 1992

8.25%

 November 20, 1992

9.00%

December 8, 1992

8.75%

December 15, 1992

8.50%

December 15, 1992

8.25%

December 18, 1992

8.00%

December 21, 1992

7.75%

December 22, 1992

7.50%

December 23, 1992

7.25%

January 12, 1993

7.00%

January 15, 1993

6.75%

February 27, 1993

6.50%

March 4, 1993

6.25%

March 22, 1993

6.00%

July 12, 1993

5.75%

August 25, 1993

6.00%

September 16, 1993

5.75%

November 9, 1993

5.50%

March 28, 1994

6.25%

April 1, 1994

6.50%

April 4, 1994

6.75%

June 22, 1994

8.00%

July 13, 1994

7.75%

July 19, 1994

7.50%

Augusts, 1994

7.25%

September 14, 1994

7.00%

Decembers, 1994

7.50%

December 14, 1994

8.00%

January 13, 1995

8.50%

January 18, 1995

9.25%

February 21, 1995

9.50%

March 1, 1995

9.25%

March 8, 1995

9.75%

May8, 1995

9.25%

June 5, 1995

9.00%

June 14, 1995

8.75%

July 7, 1995

8.50%

July 12, 1995

8.25%

August 29, 1995

8.00%

November 1, 1995

7.75%

November 1 , 1 995

7.75%

December 20, 1995

7.50%

January 29, 1996

7.25%

February 1, 1996

7.00%

March 25, 1996

6.75%

April 19, 1996

6.50%

July 26, 1996

6.25%

August 12, 1996

6.00%

August 23, 1996

5.75%

Octobers, 1996

5.50%

October 17, 1996

5.25%

October 29, 1996

5.00%

November 12, 1996

4.75%

October 2, 1997

5.25%

November 26, 1997

5.50%

December 15, 1997

6.00%

February 2, 1998

6.50%

August 28, 1998

7.50%

September 30, 1998

7.25%

October 19, 1998

7.00%

November 19, 1998

6.75%

April 1, 1999

6.50%

May 5, 1999

6.25%

November 18, 1999

6.50%

February 4, 2000

6.75%

March 23, 2000

7.00%

May 18, 2000

7.50%

January 21, 2001

7.25%

March 7, 2001

6.75%

April 18,2001

6.50%

May 30, 2001

6.25%

July 18, 2001

6.00%

August 29, 2001

5.75%

September 18, 2001

5.25%

October 24, 2001

4.50%

November 28, 2001

4.00%

January 16, 2002

3.75%

April 17, 2002

4.00%

June 5, 2002

4.25%

July 17, 2002

4.50%

March 5, 2003

4.75%

April 16, 2003

5.00%

July 16, 2003

4.75%

September 4, 2003

4.50%

January 21, 2004

4.25%

March 3, 2004

4.00%

April 14, 2004

3.75%

September 9, 2004

4.00%

October 20, 2004

4.25%

September 8, 2005

4.50%

October 19, 2005

4.75%

December 7, 2005

5.00%

January 25, 2006

5.25%

March 8, 2006

5.50%

April 26, 2006

5.75%

May 25, 2006

6.00%

July 11,2007

6.25%

December 5, 2007

6.00%

January 23, 2008

5.75%

March 5, 2008

5.25%

April 23, 2008

4.75%

October 9, 2008

4.50%

October 14, 2008

4.35%

October 22, 2008

4.00%

December 10, 2008

3.50%

January 21, 2009

3.00%

March 4, 2009

2.50%

April 22, 2009

2.25%

June 2, 2010

2.50%

July 21, 2010

2.75%

September 9, 2010

3.00%

January 21, 2015

2.85%

July 15, 2015

2.70%

July 13, 2017

2.95%

September 7, 2017

3.20%

January 18, 2018

3.45%

October --, ----

??.45%