Kevin Falcon will not commit to a full BC rail inquiry.

Just back from the Vancouver Sun live chat with Kevin Falcon, in which every question I submitted was given to Falcon except the last, because time ran out.

So, what can you expect from Kevin Falcon if he were to be the leader of the Liberals, or worse yet.. shudder… premier?

He will continue to use and promote P3 projects far and wide, because in his own words, the government can’t build projects on time or on budget or as good as a private partner can. He says that P3 projects are not off the book debt, and are a great way to build the things we need. He also claimed the Sea to Sky was built on budget and for less than the government could have as was the Canada line.  ( yes, clearly although he was transportation minister, he has no clue it has been shown time and time again that the projects would have been cheaper if the government had built them. )

He skirted right by the shadow tolls issue and did not address it.

When asked if he would commit to a full BC rail inquiry into the sale of the railroad and the legal fees paid to Basi and Virk, he emphatically stated ” NO, I will not commit to a full inquiry into the BC rail sale…”  but ” I will agree to an investigation into the legal fees being paid to Basi and Virk”

Falcons reasoning was that the people who admitted guilt as to the statement of facts is what the government had been saying all along, that it was a couple of criminals responsible and one person with some unethical behavior but that was it. But he sure wants to know why the legal fees were paid because that was something he sure didn’t agree to.

Falcon does plan to continue the South Fraser Perimeter road because he sees the bigger picture of what our future needs… ( I suspect he has no clue what the opening of the expanded Panama Canal is going to do to our ports in terms of traffic… can you say the port expansion and SFPR will become redundant?)

He also talked about the importance of our natural resources in terms of using them,making jobs for people in the north, etc etc..

Yes, it is clear to me that a vote for Kevin Falcon, is a vote for Gordon Campbell et al. All over again… Those liberals who want to rid themselves of the Campbell era stink would do well to step away from the Falcon, who is looking more and more like another Campbell buzzard.

Supreme Court rules on secret witness issue Thursday am – will the Basi-Virk trial proceed?

From my friend Bill Tieleman’s site :

The most anticipated decision in the BC Rail corruption case of David Basi, Bob Virk and Aneal Basi will come at 6:45 a.m. BC time from the Supreme Court of Canada.

The Court has announced today that it will release its ruling on Special Prosecutor Bill Berardino’s appeal of two BC lower court decisions on the issue of a secret witness and how his or her testimony should be handled.

Berardino hinted at one point the trial might not go ahead if the identity of a secret informant could not be fully protected, stating he would not violate the privilege of the witness to remain unknown….

Visit this website Thursday morning for the decision and full analysis of what it means for the likelihood of the trial proceeding.

A pivotal moment – one of many thus far – in the case that many have said the BC Liberals would like to see quashed before it even begins – and for good reason.

 Pre-trial hearings have produced thousands of documents that would seem to support allegations of fraud, breach of trust, bribery and corruption in all levels of our provincial government involved with the privatization deal of BC Rail.The potential witness list contains many past and current government ministers, such as CKNW talk show host, Christy Clark, Premier Gordon Campbell and a host of other well-known politico’s of the BC scene. The most comprehensive list of who is who, and what it what pertaining to Railgate, can be found in this Tyee article, also by Bill, titled  ” Railgate , A to Z ” .  Another critical site to check out, The Legislature Raids devotes itself entirely to everything and anything pertaining to the BC Rail deal and subsequent events

 The biggest  government scandal to hit the province of BC, Railgate began with the infamous  RCMP raid on the BC legislature in December 2003, amid allegations that organized crime had infiltrated every corner of province, possibly even the very building the RCMP charged into that fateful day.

Since that date, nothing has come easy to these hearings. Bogged down in paperwork, at times it has seemed unlikely that the pre-trial stage would ever reach completion. Toss in some pertinent emails that were “accidentally” deleted by the Liberal government after being requested in court, a judge who at times seemed disinterested in the implications of potential damning documents,  and that same judge subsequently being replaced so she could  take a new appointment ?

All I can say is that you have the makings of a home-grown political thriller, and one I would very much like to watch one day! Adding to the intrigue is the ever-present spectre of the mysterious secret witness Bill writes about above – one who very much has the power to end the trial before it even starts.

Yes, the scandal ridden Basi-Virk hearing started with the Legislature raids -but will it all end with this Supreme Court ruling?

Head over to Bill Tieleman’s site Thursday for the full meal deal on the ruling , and what it spells out for the future of what promises to be the most riveting trial in the history of British Columbia.

For now, I think it is time for a little reminder of what may have been the motivation for the entire deal. Check out this previous post of mine, titled:  The key to the BC Rail deal lies in Premier Gordon Campbell’s beginnings in real estate and land development.

” I believe reasonable and prudent Canadians would see in them evidence leading to allegations of criminal breach of trust, criminal fraud in the use of public money, criminal violation of fiduciary duties, and the criminal destruction of evidence…”

An open letter of interest to all British Columbians, received by email today:

October 5, 2009

       Gary Bass, RCMP Deputy Commissioner, British Columbia,
       and Commanding Officer E Division,
       5255 Heather Street, Vancouver, B.C.  V5Z 1K6.

       email address:

                (some of the people to whom copies are sent are listed at the end of the letter)

       Dear Deputy Commissioner Bass:

             This letter is directed to you as senior RCMP officer in British Columbia requesting, in the strongest terms, a full RCMP investigation of Gordon Campbell, premier, and all others directly connected to the corrupt “sale” of BC Rail in order to determine the innocence of each one or to allege criminal impropriety where suitable and to lay charges.

            I will specify for you areas of impropriety that I believe suggest the possibility of criminal behaviour.  I will not cite the Criminal Code except in a very general way.  The RCMP and objective Crown Prosecutors frame and prepare criminal charges in such cases.

            In large, general terms Gordon Campbell, his agents, and others may be said to be operating a gigantic Political Ponzi Scheme in which they assure British Columbians they are guarding and securing and growing the wealth and potential wealth of British Columbia for the future while, in fact, they are alienating it to private sources for enrichment – and doing so in ways that call into question their fiduciary duty and the legality of their actions.

           I refer in this letter to the BC Rail Scandal only.

           Before setting out the basis upon which I request investigation I must – because of the political, legal, and ‘policing’ conditions in British Columbia – write a Preamble as preface or introduction.


(1)    The RCMP Policing Situation

The RCMP, nationally, has not – in my lifetime – been so deeply and seriously suspected and criticized for the misuse of its powers.  In British Columbia since, at least, the presence of Peter Montague on the Commercial Crime section of the Force and the infamous arrival of a television crew WITH RCMP at the time of the search warrant raid on the home of Glen Clark, the standing of the RCMP in the province has plummeted downwards.

Perhaps the blind arrogance of the RCMP shone in neon lights when the same television crew was present at Montague’s retirement party a few years later and gave him a gift – without investigation or comment by the Deputy Commissioner’s office. 

The present Robert Dziekanski affair and the game-playing with facts by RCMP officers at the Braidwood Inquiry constitute a major scandal. Whatever Mr. Justice Braidwood chooses to report and find, many British Columbians see members of the RCMP – in a major matter of brutal violence – as acting like untrustworthy children when asked to utter simple facts.  Those officers (under direction?) employ what seems a studied, a calculated refusal to see what every serious Canadian sees – that the adoption of Taser use in Canada has become a major catastrophe, and the behaviour of officers in Vancouver International Airport was – to the most casual observer – deeply offensive.

That you, Gordon Campbell, and RCMP Commissioner William Elliott, for instance, hold fast on the matter doesn’t fool Canadians for one instant.  It merely adds to their certainty that your organization is so deeply sunk in malpractice it will employ almost any ruse to continue unacceptable behaviour and to protect RCMP wrongdoers.

I need only – in that context – mention the names of Ian Bush and Kevin St. Arnaud.

I bring to your attention that very, very brief history to point to the fact that many people have a growing belief that the RCMP cannot, normally, now, be trusted to respond to public concern such as I express here with anything like appropriate action.  You must show me and other British Columbians that the growing belief is unfounded.

(2)    Your Own Situation in B.C. Now

Beyond, perhaps, your own control, you are Deputy Commissioner in B.C. and commanding officer of E Division by appointment (in fact) of disgraced and displaced former RCMP Commissioner Guiliano Zaccardelli.  That cannot be a comfortable situation for you, nor can it be enhanced by Paul Palango’s suggestion that Zaccardelli’s “favourites” were elevated to high positions. 

Under such circumstances, your rigorous attention to principle and your scrupulous pursuit of justice should be apparent to all British Columbians.  I suggest that is not the case.

Your communication (made public) with Gordon Campbell about the Dziekanski Scandal, for instance, is simply not acceptable.  The fact that you might be called upon to investigate a premier for wrongdoing should always figure in a relation you have with any premier.  Your engagement in twenty minutes of chummy chatter with Gordon Campbell, sharing warm sympathy over what might be murder or manslaughter by members of your Division is alarming.

You are, remember, reported as well to have written to RCMP Commissioner William Elliott after he “assured” you of his on-going support “for all our folks in E Division” (without regard on his part, it seems, for the matter of their criminal guilt or innocence).  You told Elliott that “your calls to the members is a big hit and it is the buzz around Richmond this afternoon”.  They were calls, you will remember, to the men involved in the Taser death of Robert Dziekanski, men who have faced a Public Inquiry to determine if possible, the extent of RCMP incompetence and bad faith.

A top RCMP officer must communicate even with corrupt politicians in power.  We know that.  But your haste to report to the political appointee-Commissioner of the RCMP in Ottawa your joy that Gordon Campbell expressed indiscreet sympathy for your officers – who may in fact be murderers – reveals that you, perhaps, do not know the obligations resting upon you.

I do not wish – even for a moment – to turn the focus of this Preamble away from concentration upon the RCMP.  But it is fair to observe what I believe is a significant lapse in the behaviour of the presiding judge Madam Justice Elizabeth Bennett in matters relating to the BC Rail Scandal. Here, appeal may be made to Common Law traditions arising from the experience of ordinary people, and the concept of “equity”.  What in a particular situation may fairly be deemed to be just, especially as the situation bears upon the public good and reasonable, ordinary perceptions of justice?  What is reasonable to conclude about possibilities of guilt upon the examination of behaviour and action as presented in evidence before the court?  What reasonable action(s) in a particular situation will serve the pursuit of justice?  Those are plain questions calling for plain answers.

Judges in our system do not have the initiating and investigative powers of judges, say, in the French legal system.  But judges in our system are not excused from responding to an accumulation of evidence of wrongdoing falling outside the formal accusations before them – especially where the public good is clearly at stake.

In the BC Rail Scandal court processes, evidence pointing to possible serious, criminal wrongdoing by political and other actors at the highest levels of the “sale” of BC Rail has been so consistently and repeatedly exposed that Madam Justice Elizabeth Bennett was called upon (a) to draw attention to it for the sake of the public good (b) to question the Special Crown Prosecutor about the absence of charges in the matter, and (c) to direct him to take up the matter with the RCMP investigators and to report back to the court.  She could in extenuating circumstances have gone farther.

She did none of those things, thereby placing upon you, now, an additional burden.  Her extraordinary replacement by Madam Justice Anne MacKenzie, it appears, is intended not to repair but to extenuate the significant lapse by Madam Justice Elizabeth Bennett.

In her first appearance as judge in the matters of the BC Rail Scandal Madam Justice Anne MacKenzie had – as I observed and considered her actions – the dry humourless drive to apparent efficiency that is sometimes found in ideological reactionaries.  It may be that her energy will be directed to pushing ahead the charges against the three cabinet aides, Basi, Virk, and Basi, and to exerting significant effort to prevent attention focussing on what may be other, more serious crimes wrapped up in, related to, and an organic part of the accusations before her.

Your role is not an easy one.  But you must show me and other British Columbians that you are not a mere tool of Gordon Campbell, not his political instrument, not governed by the highly questionable drift of the court – and that faced with evidence that he and associates need criminal investigation, you can pursue that necessity without hesitation.

(3)    The RCMP and the BC Rail Scandal

Having sat (as an ordinary Canadian) through, and reported upon (for two websites) the Supreme Court hearings concerned with the allegations of criminal behaviour by Dave Basi, Bobby Virk, and Aneal Basi – for what is now years – I have concluded four things about the RCMP in the matter.

To begin (a) I believe the Force has acted – perhaps in concert with the Special Crown Prosecutor – to delay, to scramble, and generally to obstruct the disclosure of evidence necessary to the defence of the accused.

In addition (b) I believe – from listening to pre-trial hearing argument and the revelation of information day after day – that the RCMP chose improperly to limit the scope of its investigation to the three men accused.

The statement no later than 48 hours after huge amounts of material were seized (from the December 28, 2003 search warrant “raids” on legislature offices and other venues in Vancouver and Victoria) that no elected official was being investigated is astonishing. It has become more and more and more astonishing as time has passed and as evidence of possible wrongdoing has pointed more and more in the direction of Gordon Campbell and associates.

Finally (c), and with considerable reluctance, I have come to believe the charges against the three accused alone may not only constitute what may be a huge miscarriage of justice but also, perhaps, a depressing act of Racism. 

If, as I believe, that BC Rail Scandal may have involved criminal wrongdoing at high levels of cabinet and other institutional positions (whatever may be the guilt or innocence of the three accused), the setting upon three Sikh men by the RCMP and the Special Crown Prosecutor – and on those three men only – smacks, to me, of cover-up and scape-goating of the sleaziest kind.

That last section of the Preamble, and all the sections taken together provide a picture of the RCMP in British Columbia of such a negative kind that your response to this letter must be clear, direct, expeditious, and unequivocal if all the suspicions stated are not to be confirmed.

The Request for Investigative Action by the RCMP

The request to you, Deputy Commissioner, involves investigation of matters arising from the BC Rail Scandal.  It involves the possibility of additional charges being laid, if warranted, against major actors – political and other, up to and including the premier Gordon Campbell, in the so-called “sale” of BC Rail.

Documentary materials, 1(a), submitted to the court (some released to the public) will, I allege, lead reasonable and prudent Canadians to believe that Gordon Campbell, his agents, some cabinet peers, and – probably – others worked together not only to break an election undertaking to assure that BC Rail would not be sold but to violate the undertaking in a fashion intended to mislead and to defraud British Columbians.

1(b) Those materials will give evidence, I allege, that very large sums of money from the provincial treasury were expended in the process of misleading and defrauding the public.

Documentary materials,  2(a), submitted to the court (many now on public record but inexplicably withheld from public scrutiny) will lead reasonable and prudent Canadians who know the burden of the information contained in those materials to believe, I allege,  that the true financial and physical state of BC Rail – and the business potential of BC Rail – were manipulated by Gordon Campbell, his agents, some cabinet peers and – probably – others in order to present a false picture to the public with the intent, in fact, to practice a fraud.

2(b) Those materials, I allege, will give evidence that very large sums of money from the provincial treasury were expended in the process of conducting that manipulation and, in fact, practicing the fraud.

3(a)  Documentary materials submitted to the court (some released to the public) will lead reasonable and prudent Canadians to believe, I allege, that Gordon Campbell, his agents, some cabinet peers, and – probably – others set to work to prepare a misrepresentation of the true state of BC Rail with the intent to offer it for sale by what was to be advertised as open public auction.

3(b)  Those materials, I allege, will give evidence that very large sums of money from the provincial treasury were dedicated to the construction of the said misrepresentation.

Documentary materials, 4(a), submitted to the court and discussed there will lead reasonable and prudent Canadians, I allege, to believe that the said open public auction of BC Rail was, in fact, an intended, calculated, and practiced fraud; and that the transfer of BC Rail to CN Rail was intended from a time significantly before the announced (fraudulent) open public auction.

4(b) Those materials submitted to the court and discussed there will, I allege, give evidence that very large sums from the provincial treasury were dedicated to the construction of a publicly declared open public auction which was, in fact, not held and which was, rather, an expensive smokescreen elaborately created to disguise the previously determined intention to transfer BC Rail to CN Rail.

5(a)  Documentary material and information given in the Supreme Court of Madam Justice Elizabeth Bennett by the lawyer for the Executive Council (the Gordon Campbell cabinet) records that  – on the order of Gordon Campbell or his agents – evidentiary material of possible primary relevance to the defence of the criminally accused in the BC Rail Scandal was ordered to be and was destroyed.

The discovery of some of the emails since that declaration does not change the fact that government records were recently destroyed that may contain key evidentiary material in a case that saw charges laid in 2004, and that the materials were destroyed by the order of Gordon Campbell or his agents. RCMP investigation must determine the responsibility for the destruction of materials and must lay charges of criminal impropriety if such charges are warranted.

Without naming criminal wrongs involved in the five sections presented, I believe reasonable and prudent Canadians would see in them evidence leading to allegations of criminal breach of trust, criminal fraud in the use of public money, criminal violation of fiduciary duties, and the criminal destruction of evidence.  I believe legal experts would find in the five sections evidence of criminal acts that I have not identified.

I formally request, Deputy Commissioner Bass, that the RCMP undertake without delay – and that you publicly announce – full investigation of Gordon Campbell and all others involved in the BC Rail Scandal and “sale” of BC Rail to CN Rail; that the RCMP investigate all the people, elected or otherwise, involved in the “sale” of BC Rail in order to clear them of suspicion of wrongdoing or to lay charges against them for allegations of criminal wrongdoing. 

I formally request as well that you acknowledge this letter without unreasonable delay and that you proceed, publicly, with the “full investigation” that I request here.

                                                                           Yours faithfully,

                                                                            Robin Mathews

People to whom copies of this letter are sent:  Madam Justice Anne MacKenzie, William Berardino, QC and Andrea MacKay; Janet Winteringham, QC; Michael Bolton, QC, and Claire Hatcher; Kevin McCullough; Joseph Doyle, Robert J.C. Deane, George Copley, Mel Hurtig, Paul Palango, Paul Nettleton, Margaret Fulton, Michael Byers, John Calvert, BC Civil Liberties, Leah Herman, June Ross.

vivelecanada, the legislature raids site (BC Mary), Charles Boylan CFRO, K. Lapointe, Vancouver Sun; Bill Tieleman, West Star Communications; Mark Hume, Globe and Mail; Gary Mason, Globe and Mail; Lawrence Martin, Globe and Mail; Canadian Press; Dialogue magazine; CKNW; Neal Hall, Vancouver Sun;

Say, Gordo … Is this a date?

Guest commentary by BC Mary

The Campbell Government is good at dating.
 They nailed three election campaigns just right. They’ve managed to delay the date of the Basi Virk trial for 3 years and counting. Their CanWest minions made it clear, after July’s spectacular Supreme Court Sessions, that we could sleep peacefully on a beach until September and we wouldn’t even get sun-burned because nothing bad would happen all summer. 
But things were happening all right. July saw the face-ripping sessions where the government’s own lawyer explained to Judge Bennett that all the e.mail evidence requested 2 years ago, have been “lost”.  People’s eyes snapped open like daisies. Lost? How could the premier’s correspondence on a topic which is before the courts, and which had been ordered disclosed 2 years ago, suddenly go missing?
Eyes narrowed … Because we’d already been stunned by the news headlines on May 20, 2009 — 12 days after the BC election — telling us that the BC Rail trial judge was about to be taken off the case! Promoted to the BC Court of Appeal.Oh? Put those two items together, and howls of outrage drowned out the other news. 
August 17 was jotted down on many a post-it note, taped to quite a few well-known desks. 
On August 17 in BC Supreme Court, the judge who has presided over the Basi Virk / BC Rail Case for the past 3-1/2 years, will issue her ruling. Thankfully, she makes the final decision: will she see the case through to the end? or will she depart immediately for her promotion to BC Court of Appeal?  She makes the decision … unless Associate Chief Justice Patrick Dohm thunders in, deciding otherwise. It could happen. 
Many of us, including retired Professor Robin Mathews who has attended most pre-trial hearings, believe it’s important that Madam Justice Elizabeth Bennett stay on the BC Rail Case.
 Strangely, it’s the Crown Prosecutor (presumably, representing the people of B.C.) who wants her gone … immediately.  It’s the Defence team which wants Judge Bennett to stay with the trial. What’s with that, we ask ourselves. 
So there will be historic fireworks in BC Supreme Court on August 17 as the Defence, the Crown, the special interest lawyers for Gordo, Gordo’s Cabinet, key lobbyists, and BC Rail … but strangely enough: nobody from CN, plead their cases for and against the obvious fact that Judge Bennett has absorbed 3-1/2 years of courtroom argument (little of which is written down) that cannot  be effectively transferred to a new judge. 
Besides, we ask ourselves: what’s to be gained by bringing in a new judge to start all over again?  
Oh. You already guessed. Well, that’s our best reason for NOT bringing in a new judge. 
As August 17 comes closer, eyes narrow again … because on August 17 when we should be paying attention to BC Supreme Court, the Campbell Gang is having a big party!!
No kidding. For the Canada Line’s inaugural trot from the airport to downtown. 
Never mind that the Canada Line isn’t quite finished yet. Never mind that Gordo’s Gang may have “sold” Canada’s 3rd largest railway (our BC Rail) for $1B (we’re not sure – maybe he did, maybe he didn’t), the people now have a new railway to pay for! Instead of BC Rail’s 1,500 km of mainline track from North Vancouver to Fort Nelson, with branch lines to Mackenzie, Dawson Creek, Tumbler Ridge, Fort St James and Takla … the people now have an itsy-bitsy trolley operating between Vancouver Airport and downtown and a tax debt of $2 Billion.  But hey! It’s party-time!
With some things on the Canada Line uncompleted, why the rush? Well, all I can say is that the government’s lawyer, George Copley , will be in BC Supreme Court that day too, trying to explain to Madam Justice Bennett what happened to those executive e.mails which have gone missing …  but hey, look away!

Never mind that an embattled judge presides while a dozen angry lawyers engage in the fight of their lives: look away!

Will evidence be allowed in court even if it incriminates the guy who wanted to get rid of BCRail and build a downtown 20-minute railway? Look away! Free rides on the Canada Line at this critical junction of B.C. history. 

I think that the biggest free ride in history may be happening right under our noses if we DON’T attend the August 17 pre-trial hearing on the BC Rail Case which is less and less about Basi, Virk, or Basi and more and more about the Executive Branch of this government … sorta like we always knew, you might say. 


BC Mary is the creator and author of The Legislsture Raids – the one stop reference of anything pertaining to the Railgate scandal, including links to court documents, media coverage, dates, and commentaries.

NDP asks RCMP to Launch Criminal Investigation into Patrick Kinsella and CN in BC Rail Corruption Scandal.

In a bold move today, NDP MLA Leonard Krog stood on the steps of the BC Law courts building and called for a criminal investigation into that lobbyist about town, Patrick Kinsella, regarding his involvement with CN during the BC Rail deal.  Now, if only we knew where Kinsella is… and what campaign he\’s working on for the BC Liberals.

Again, I say it is time for Gordon Campbell to publicly distance himself into the activities of Patrick Kinsella during the BC Rail deal can be formally investigated by the RCMP -since that damn lobbyist registry can\’t handle this… Follows is the NDP Press release and the letter Krog sent to Deputy Commissioner Gary Bass of the RCMP.

Vancouver– From the steps of the BC Law Courts building, NDP MLA Leonard Krog today called on the RCMP to launch a criminal investigation into the BC Rail corruption scandal surrounding the Campbell Liberals.

 Krog, a lawyer, made the request in a letter sent today to Gary Bass, the RCMP’s deputy commissioner for the Pacific Region. 

 “There is compelling evidence,” says Krog, “that the man at the centre of the scandal, Liberal insider Patrick Kinsella, and CN Rail may have violated sections of the Criminal Code of Canada dealing with fraud against government.

 “We believe there are sufficient grounds for the RCMP to launch an investigation focusing on Mr. Kinsella’s dual role with BC Rail and CN,” the NDP MLA says.

 “We are asking the RCMP to move expeditiously so that British Columbians can once and for all know the truth about the corruption scandal that leads to the heart of Premier Campbell’s office.”

 Section 121(1) of the Criminal Code of Canada outlines a range of frauds on the government punishable by criminal sanction. 

 Section 121 (1) (b) makes it an offence for anyone who has dealings with government to make a payment to a government employee unless that employee has the written consent of a senior government official to receive that payment.

 Krog says CN may have broken the law because it made a payment to Kinsella when Kinsella was already under contract to BC Rail.

 Similarly, it is illegal under Section 121 (1) (c) for a government employee to accept a payment from another person or corporation which have dealings with the government unless permission to do so has been granted.

 “All the evidence we’ve seen suggests that Mr. Kinsella may have violated this part of the Criminal Code as well,” says Krog. \”




April 20, 2009

Dear Deputy Commissioner Bass,

I write to seek an investigation into the activities of Mr. Patrick Kinsella and CN Rail regarding Mr. Kinsella’s employment contracts with British Columbia Rail and CN Rail.

According to documents released in court and available from BC Rail, as well as media reports about the issue, it appears there is evidence of at least two breaches of the Criminal Code of Canada relating to these contracts and the sale of BC Rail.

As you may be aware, the BC New Democrat Caucus recently learned that Mr. Patrick Kinsella was contracted by BC Rail to assist the government in the sale of BC Rail. Mr. Kinsella’s payments covered the years 2002-2005.

BC Rail documents referenced in the Basi/Virk court proceedings confirm that Mr. Kinsella was hired to work on the BC Rail deal. A transcription of an email between Kevin Mahoney, Vice President of BC Rail and the BC Rail accounting department describes Mr. Kinsella’s work. Mr. Mahoney confirms that the contractual payments to Mr. Kinsella are for “backroom work” on the “Path”. As you know from the RCMP investigation, the “Path” is the government code name for the BC Rail deal.

Additional documents referenced in court strongly suggest that through this period Mr. Kinsella was also under contract with CN Rail, representing their interests with government. Reference was made in court to meetings arranged by Mr. Kinsella involving the Premier and David McLean, the chairman of CN Rail.

More importantly an e-mail exchange between Mr. Mahoney and Mr. Chris Trumpy, the lead deputy minister for the government on the sale, describes Mr. Kinsella working on behalf of CN Rail. The e-mail says “Patrick Kinsella received a call from David McLean who in essence told him the deal was at risk anything they could do would be appreciated and in CN’s view needed now. Kinsella talking to Martyn for immediate support.” In media reports CN has refused to deny Mr. Kinsella was under contract.




Page 2

Section 121 (1) (b) states it is an offence if anyone who “having dealings of any kind with the government, directly or indirectly pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which the dealings take place… unless the person has the consent in writing of the head of the branch of government with which the dealings take place”;

Likewise, Section 121 (1) (c) is also relevant. It states that anyone commits an offence who “being an official or employee of the government, directly or indirectly… agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind… unless they have the consent in writing of the head of the branch of government that employs them.”

From the evidence before the court and in the media reports regarding this matter it appears that Mr. Kinsella and CN may have breached Sections 121 (1) (b) & (c).

As noted above, Mr. Kinsella in his work on behalf of CN sought the intervention of the Premier’s office to save the CN bid in the spring of 2004. At issue at the time was the valuation of a tax advantage related to the agreement as well as a related issue regarding the term of the contract.

 It is obvious that the public interest may be differentthan the private interest at stake in the resolution of a matter like this. Section 121 (1)(C) and (B) are meant to ensure such conflicts do not impact key public decisions, such as the privatization of a significant public enterprise like BC Rail.

For these reasons I request an immediate investigation into the activities of Mr. Kinsella and CN Rail in these matters.


Leonard Krog

Nanaimo, MLA

C.C. William Elliot, Commissioner, Royal Canadian Mounted Police

Robert Gillen, Assistant Deputy Minister, Criminal Justice Branch

Welcome to 2009…and Railgate leads the way.

Ok, I’m here: if only by the grace of hot coffee and ibuprofen – lots of it. Depending on who you ask, my voice deteriorated to the point that I now sound like either a phone sex operator, or an 86 year old smoker with emphysema. Whatever works , right?

I’m not going to do one of those lame  Year in Review things that all the news programs have been running all week. We all know who died and who won and who screwed up and ended up on the front page of gossip rags from here to China. It’s all been talked about to death. However,some of the most important stories of the year received very little press at all – a travesty in my eyes.

Without a doubt, the biggest ‘non-story’ with the  local press would have to be the B.C. Rail Scandal.

 If there is one thing I could ensure that every British Columbian knows about prior to the upcoming provincial election, it would be the story that began waaaaaaaay back in 2003 with the infamous B.C. Legislature Raids.  At that time, RCMP inferred that the raids were linked to organized crime  and corruption within the highest ranks of the BC government, but it was  soon revealed that the actual reason for the raid was connected to Premier Gordon Campbell’s privatization deal concerning B.C. Rail. 

 ” Oh, what a tangled web we weave , when at first we practise to deceive…”  most accurately sums up the 5 year ongoing saga that has resulted in two  former government ministerial aides – Dave Basi and Bob Virk – being charged with fraud and breach of trust.

But will the truth behind the allegations that they handed over confidential government documents to lobbyists hired by one of the bidders ever be known?  Some believe this case will never  actually go to trial, and the likelihood that it will break open before the provincial election sits buried under masses of documents and legal wranglings still to be dealt with.

If this case ever  does get to trial, the potential witness list may contain some of B.C’s most notable Liberals, including  Bruce Clark and his sister ex-politician-cum-radio-talk-show-host  Christy Clark,  as well as her husband, Liberal wunderbar Mark Marissen, whose home office was visited by the RCMP at the time of the legislature raids. Christy was Deputy Premier during part of the BC rail privatization period,and her husband has connections to many of the key players in this investigation. Premier Gordon Campbell is, of course, the person I wish most to see on the stand and he is a probable witness in his role as the initiator of the privatization deal. Seriously, I would book vacation time to see what he has to say if the wire taps are released in court!

What does the government have to hide, and why?  An excerpt from  Bill Tielemans recent article in the Tyee says it all:

” It was Campbell’s grand plan to privatize B.C. Rail that set in motion a scandal still careening down an uncertain track that could end in a political train wreck.

No one has more at stake in the B.C legislature raid than Campbell and the accused.

Many of Campbell’s top cabinet ministers, political staff and bureaucrats are all alleged by the defence to have had varying roles in the case — and a full trial would expose secrets that must make the premier sleepless at night.

Campbell’s biggest fear — release in court of all the various wiretaps on David Basi, Bob Virk and other key players that would paint a devastating picture of not only the B.C. Rail sale but potentially of a government with less scruples than the Richard Nixon White House as revealed by Nixon’s own tapes.

The best case scenario for Campbell is that the case is dismissed without coming to trial…”

If in fact this trial does end up being dismissed, it will be the greatest victory the Campbell government  has ever seen –  and the biggest cover-up ever pulled on the citizens of British Columbia.

A travesty in the true meaning of the word. 

 With the seemingly cooperative press that so obviously fail to give ongoing and in-depth coverage to the  proceedings in any sort of regular manner, most  British Columbians have been left in the dark.

Thanks to Bill Tieleman and BC Mary, those who do know and are interested are able to head over to either of their sites and get up to date reports and commentaries on recent developments complete with interesting links.

Do yourself a favor and take the time to find out more about The B.C. Rail Scandal. It might give you something bigger to think about at the polls this spring when you have to choose who you trust to lead this province through the coming years difficulties.

Read Bill Tieleman’s article ” Railgate, A to Z : Five years after the Legislature raids, a who’s who guide to B.C ‘s biggest political scandal. “at the Tyee:

Read Bill Tieleman’s blog : 

( Bill Tieleman writes a column on B.C. politics every Tuesday in 24 hours, the free weekday newspaper, also online at Tieleman can be heard every Monday at 10 a.m. on the Bill Good Show on CKNW AM 980)

BC Mary’s coverage :