Wednesday, January 16, 2008

The hard part is coming for Campbell on climate change

This whole climate-change issue will be tricky for the Liberals, practically and politically.
The controversy about a new carbon tax on gasoline is a good illustration of how complex the issues will get.
It's one thing for Premier Gordon Campbell to declare global warming a threat to the Earth and commit the province to a major effort to cut greenhouse-gas emissions.
Actually doing something about it is trickier. Since Campbell's conversion a year ago, there hasn't been a lot of action. The government knows that without some concrete measures in the budget, it faces a credibility problem. If you've declared war on a global warming, you better follow through.
So the government needs to show something significant - beyond targets plucked from the air and a plan to buy carbon credits to offset ministers' plane travel - in the budget.
But there is a cost to most of the measures that would help. An affordable, reasonable cost, I'd say. But not everyone sees it that way.
The gas tax expected in the budget is a good example. The plan is apparently to introduce the tax at 3.5 cents a litre and raise it progressively in coming years.
It's a sensible measure that works in two ways. Higher gasoline prices would encourage people and companies to use less. That's a basic law of economics. People might cut travel or bus or buy fuel-efficient cars when the time comes. Companies would look for ways to deliver goods twice a week, instead of daily.
And the money from a gas tax could fund efforts to reduce greenhouse-gas emissions - for transit or research or green power production.
But a lot of people think of this as a tax grab, especially the people more likely to vote Liberal than NDP. The Canadian Taxpayers Federation - which, in B.C, has become a credible voice - is opposed.
It's a balancing act for the Liberals. This week, Campbell announced a 12-year, $14-billion transit plan. You might have expected that to be the kind of thing that could be funded by a gas tax. But the premier was emphatic that there was no connection.
One reason could be found in criticism from Maureen Bader of the Canadian Taxpayers' Federation. Almost all of the transit money will be spent in the Lower Mainland; the gas tax will hit all British Columbians.
It's an interesting challenge for a politician like Campbell, who after a reckless first term seems intent on staking a solid claim to the political centre. It has worked; despite some big problems last year the Liberals still have a comfortable lead in the polls.
Given good judgment and reasonable luck Campbell can steer a course that leaves the NDP with almost no room to make gains. Unless the worst happens, from the Liberals' perspective, and there's some sort of splinter party on the right.
There's no sign of that. But Campbell's careful separation of the transit plan and the gas tax suggests an effort to manage this all very closely.
That makes the handling of the gas tax revenues - assuming the tax is introduced with the budget - interesting. Financed Minister Carole Taylor has been unclear what would happen to the money, expected to start at $200 million and rise to $2 billion a year.
One option would be to make the tax truly revenue neutral, with offsetting cuts elsewhere. The government could impose a 3.5-cent a litre gas tax and take in about $200 million in revenue and cut the sales tax by one-half per cent, returning the same amount to taxpayers.
Taylor is leaving the door to a sort-of neutrality, where the money would go to new climate-change measures.
It's all going to be interesting. Campbell has made a major commitment, an important one. But delivering remains a big challenge. The first real test will come Feb. 19, with the budget.
Footnote: Campbell got caught in wildly misleading spin on the transit announcement. The $14-billion plan would result in a cumulative reduction of 4.7 million tonnes of emissions, he said. But that's the total over the next 12 years. By 2020 the transit plan will reduce emissions by 650,000 tonnes a year - 1.6 per cent of the reductions needed to meet the province's commitment.

Monday, January 14, 2008

No need for Harper to delay on Mulroney inquiry

Let's get on with the inquiry into those fat envelopes of $1,000 bills Brian Mulroney took from shady German businessman and fixer Karlheinz Schreiber.
And into why Prime Minister Stephen Harper didn't act on allegations and documents Schreiber sent to him in March - more than six months before the scandal re-erupted.
Harper has accepted the need for an inquiry. And he says he'll accept the framework set our in recommendations by special advisor David Johnston last week.
But he wants to wait until a Parliamentary committee completes its hearings into the affair, which could drag out over months.
If the issue was just about Mulroney's dealings with Schreiber between 1992 and 1996 - the $225,000 in cash the former PM admits taking in hotel rooms - you could make a case for waiting. The committee might discover information that would help the inquiry. And there's no need for haste. Mulroney is long out of politics and there are few implications for anybody in public life today.
But while those dealings are Johnston main issue, he also believes the inquiry should answer questions about the role of Harper and his senior staff.
It's riskier to wait for answers to those questions. The minority government could fall at any time and Canadians would be asked to choose whether to continue Harper's time as prime minister.
There's been much speculation about when that might happen. Commentators disagree on who would benefit from an early election. The poll results aren't encouraging the Liberals or Conservatives to take risks.
But an election could still happen. It would be better for both Harper and Canadians if the inquiry were done by then.
Johnston ruled out a wide-ranging inquiry into all the allegations stretching over a 15-year period.
That's reasonable. While there are disturbing issues, any inquiry would become unwieldy, costly and probably inconclusive.
Instead, Johnston decided 17 questions needed answering. The first 14 all related to Mulroney's business dealings with Schreiber in the 1990s. The last three are about Harper's inaction after Schreiber sent hundreds of pages of evidence to his office last March.
It's worth going through Johnston's questions.
What were the business and financial dealings between Schreiber and Mulroney?
Was there an agreement reached by Mulroney while still a sitting prime minister? If so, what was that agreement, when and where was it made?
Was there an agreement reached by Mulroney while still sitting as a Member of Parliament or during the limitation periods prescribed by the 1985 ethics code? If so, what was that agreement, when and where was it made?
What payments were made, when and how and why? What was the source of the funds? What services, if any, were rendered in return for the payments?
Why were the payments made and accepted in cash? What happened to the cash; in particular, if a significant amount of cash was received in the U.S., what happened to that cash?
Were these business and financial dealings appropriate considering the position of Mulroney as a current or former prime minister and Member of Parliament?
Was there appropriate disclosure and reporting of the dealings and payments?
Were there ethical rules or guidelines which related to these business and financial dealings? Were they followed?
Are there ethical rules or guidelines which currently would have covered these business and financial dealings? Are they sufficient or should there be additional ethical rules or guidelines concerning the activities of politicians as they transition from office or after they leave office?
What steps were taken in processing Schreiber's correspondence to Prime Minister Stephen Harper of March 29, 2007?
Why was the correspondence not passed on to Harper?
Should the Privy Council Office have adopted any different procedures in this case?
The entire cases raises troubling questions about way politics and money interact in our system. Failing to seek answers would signal our acceptance of dubious practices.
And failing to seek them as quickly as possible raises a whole new set of questions.
Footnote: No one knows how long the Commons committee could take to complete its investigations. The chair said he'd expected work to continue at least until the end of February, but there's no certainty given the potential for new evidence and political wrangling. It could Harper hopes to influence the committee to cut its inquiries short.

Thursday, January 10, 2008

Carbon tax the best way to cut emissions

You would think that most of Canada's governments would agree on the power of the marketplace.
That's what's driven the great advances in computers, for example, that let anyone with a few hundred dollars buy a machine that outperforms anything available at any price two decades ago.
And it's what makes the drug trade so resilient in the face of decades of police activity. As long as there's serious demand, suppliers will take the needed risks.
But when it comes to climate change, Canadian governments - even free enterprise ones like the federal Conservatives - are reluctant to rely on market forces.
This week the National Roundtable on the Environment and the Economy weighed in with a report on climate change. More specifically, what needs to be done to reduce greenhouse-gas emmissions.
It was mostly a good news report. The roundtable, an advisory panel set up by Brian Mulroney when he was in office, said Canada could make dramatic cuts without significant harm to the economy.
But it said that to make that happen, the government would have to introduce a carbon tax, a cap-and-trade system, or both.
The principle seems obvious. Companies and governments and individuals won't change their behaviours without some incentives, especially if the change involves short-term sacrifice.
Businesses, for example, have an obligation to make profits for shareholders. If reducing emissions would cut those profits, they're unlikely to take action.
A carbon tax would provide the necessary incentive, the roundtable reported. A tax on fossil fuels - gas and diesel and coal and oil - would make it smart for companies and individuals to use less of them.
The cap-and-trade system works on the same principle. The government - or an agency of government - would set emission caps for industries and organizations. If a company couldn't meet its target, it would have to buy offsetting credits from some other company that was emitting less than it was allowed.
Again, it's a market-based incentive. If carbon credits have value, then it's worth investing in cleaner fuels or more efficient processes. There's an actual return on investment.
The roundtable's support for the idea isn't surprising. The group includes environmental and business leaders. It's headed by David McLaughlin, who until August was Finance Minister Jim Flaherty's chief of staff.
The group has both an understanding of the environmental issues, the business risks and the value of letting the market drive change.
But it took federal Environment Minister John Baird a matter of hours to reject the report's conclusions.
Partly, Baird was just playing politics. "We think a new tax sounds like a Liberal idea," he said, a silly way to dismiss the proposals without dealing with their substance.
He also says the government will ensure that big emitters will pay in some still-to-be-determined way under the Conservatives' climate-change plans.
But the roundtable found that without a carbon tax or cap-and-trade system, the federal government would not meet its targets for greenhouse-gas reductions.
None of this is new. The European Union has a successful carbon-credit trading market and B.C. is working with several states and provinces to launch one.
And Sweden and Norway have carbon taxes. Quebec introduced its own version in October, imposing a 0.8 cents per litre tax on gasoline. The revenue - about $200 million a year - will go to greenhouse-gas reduction measures. Finance Minister Carole Taylor is also considering some sort of carbon tax as part of next month's provincial budget.
The plans would have to be well thought-out. The roundtable said the carbon tax should start at a low level and increase gradually, to give industry a chance to adapt.
If that's done, it said, there would be no serious economic impact.
And Alberta has raised legitimate concerns that a carbon tax would see money taken from the province and redistributed elsewhere.
But the problems are manageable. The Harper government should not be so quick to reject its expert panel's advice.
Footnote: The report offers a good backgrounder for the coming provincial budget. Premier Gordon Campbell declared climate change a central issue a year ago and the province has announced tough targets. But so far, there are few details. The budget will be watched closely for signs of progress.

Monday, January 07, 2008

Basi-Virk trial faces more delays, troubles

More troubling developments in the Basi-Virk government corruption case.
It's been more than four years since the raid on the legislature and the RCMP's warnings about the reach of organized crime.
Things have dragged terribly. Now, the special prosecutor appointed by the Attorney General's Ministry has taken his battle to have a witness testify in secret to the B.C. Court of Appeal. The trial date was set for March; that's now unlikely.
To recap. The RCMP searched the legislature in connection with allegations of corruption in the $1-billion sale of B.C. Rail. Dave Basi, key aide to former finance minister Gary Collins, and Bob Virk, aide to then transport minister Judith Reid, were charged. A lobbyist for one of the bidders will apparently say he supplied the bribes. He wasn't charged.
Progress has been slow, mostly because of failures by the prosecutor and RCMP. In our system, the Crown has to disclose the evidence it has collected to the defence. The process is supposed to be about justice, not winning convictions.
The prosecutor and police have failed to meet their disclosure obligations, drawing repeated rebukes from Justice Elizabeth Bennett,
The latest twist is the prosecutors' application to have a police informant provide evidence in secret.
Not only the public and reporters would be kept in the dark; the Crown wanted defence lawyers barred from hearing the evidence. It's an aggressive legal move, based on a three-month-old Supreme Court of Canada decision.
Last month Bennett rejected the prosecutors' application and ruled the defence lawyers should be present.
But now special prosecutor Bill Berardino is challenging her decision in the B.C. Court of Appeal. Figure a long delay as a result.
It's a tricky issue. Perhaps the testimony is important and can only be obtained in secret. Berardino would have an obligation, you could argue, to fight to ensure it is heard. If he didn't, he could face criticism for not pursuing the case diligently
But the appeal raises fairness issues. Prosecutors can spend endless amounts of public money on hearings and appeals; defendants are mortgaging their futures to pay their legal bills. For the prosecutors, delays have few consequences; for defendants they mean more months or years with unproven criminal charges hanging over them.
Another big issue is about to break. Premier Gordon Campbell promised complete co-operation with the investigation. But now the government is arguing some documents should be kept secret, even though they are relevant.
The government is citing lawyer-client privilege. Anyone has a right to keep conversations with their lawyer secret. That's considered one of the protections needed to allow people the right to a proper defence.
But anyone can also exercise the right to waive solicitor-client privilege - to say that they have nothing to hide and consider the first priority getting at the truth. (The Liberals, in opposition, urged the former government not to use solicitor-client privilege as a justification for withholding information.)
The Campbell government's effort to withhold evidence is a big mistake.
The other interesting development comes courtesy of Bill Tieleman, columnist for 24 Hours, a Vancouver free newspaper (and a New Democrat). Tieleman, who has done a first-rate job covering the trial, did a freedom of information request for the notes of a government public affairs staffer who had been monitoring the trial daily.
There's nothing wrong with that. Given the nature of the case, the government has reason to want to know what's going on.
But Attorney General Wally Oppal originally offered some quite goofy reasons for the premier's office watch on the trial when the news broke. The staffer was there to help the media and the public, he suggested. The FOI response shows that was not true.
This is all getting awfully messy. And much muckier days are ahead.
Footnote: The wrangling over disclosure and other issues has generally not made much news. Expect that to change this year as the trial grows closer and the legal issues - like the Crown's desire to have witnesses testify in secret - become more significant.

Tuesday, January 01, 2008

If this is such a great place, why aren’t we happier

We can be a smug lot here in B.C., especially in Victoria.
But we’re the least happy people in the country, according to the Canadian Institute for Advanced Research, which looked at peoples’ satisfaction with their quality of life in 18 Canadian cities.
Victoria — the oceanside city of gardens and warm weather — ranked last. We’re the least happy people in the country when it comes to the way we live.
The happiest city is Saint John, N.B., also an oceanside city, but in most ways the opposite of Victoria. It’s a city of industry and faded glory, not gardens. There’s a pulp mill on one side of town and a sprawling oil refinery on the other. Poverty is much more prevalent; the average family income is 15 per cent lower. The climate is much harsher — cold, snowy winters, foggy, gloomy springs. On many levels, the city has struggled for much of the last 100 years.
So why are the people there happier than us?
I’ve lived in both, and propose two reasons. (They fit with a larger theory of geography as destiny.)
Saint John’s glory days ended in 1860; since then there has been a steady exodus of people, mostly seeking work and opportunity.
It’s not just that people moved away. It’s who moved away. For decades, Saint John has lost the ambitious, bright and career-focused. It was not a place of opportunity. Those who sought it – in business, or science or any other area – picked up and moved away.
There are thousands of exceptions. But Saint John, like much of the Maritimes, lost a lot of bright, achieving people over the years. Bad news for the communities in many ways.
There’s a flip side, though. The people who left — by definition — placed a lower value on community and family and friends. If those things were important to them, they would have stayed.
The people who remained valued those things, and nurtured them.
And they are happier today.
Here in Victoria, the population has been increasing for decades. The people who come here aren’t interested in career. This is a pretty small backwater, really.
And they aren’t that interested in community or family. They chose to leave those things behind, after all.
They’re interested – generalizing broadly - in a pleasant, easy place to pursue their individual interests – especially things like gardening and golf and sailing and hiking that require warm weather.
There’s nothing wrong with that. It might indicate selfishness or self-absorption. Equally, it could show a commitment to exploring individual interests and passions.
But the result is that a lot of people not much interested in community have ended up living here.
And the study suggests that we’re less happy as a result.
This isn’t all just my — logical — conjecture. A colleague reminded me of a reader research project done about a decade ago for the Times Colonist. The consultant, from the U.S., found our market interesting in part because people here had what she called “low news needs.” Their interest often stopped at the property line.
There’s nothing definitely good or bad about all this. People have a right to pursue personal interests, ambition or a great fondness for the place they grew up.
But the research does suggest that we pay a price in happiness for our lack of community here.
We should worry about that. In fact, it’s puzzling how little weight we give to the whole idea of happiness in thinking about the way our society or community or lives function. We measure economic performance religiously, and even monitor health stats and school performance scores. The Progress Board can tell you how British Columbia ranks with other provinces on everything from research spending to poverty to environmental protection.
But not in happiness.
It’s something worth thinking a lot more about. Who wants to live in the least happy city in Canada?
Footnote: The decline of geographic community has been one of the biggest changes in North American life over the past 40 years. We were bound together in a web of social relationships – church groups, service clubs, community sports leagues, curling clubs, even neighbourhood gatherings for drinks parents who gathered Friday nights for drinks and games – that has largely unravelled.

Monday, December 31, 2007

A New Year's resolution, with a twist

A New Year’s resolution, with a twist
I’ve been writing similar columns this time of year for a while now, always urging readers to make the same resolution.
Decide to pay attention for the next 12 months. To the people closest to you, but also to the way life works for people in your town and across the world. We’re not good at paying attention.
We suddenly notice people have changed - children have grown up, parents have grown old, lovers have grown apart. We wonder, when did that happen?
Of course it happened every day, right in front of us. But we weren’t paying attention.
We miss a lot. You grow close to people when you share experiences with them, travel through life together.
But if you don’t notice where their lives are taking them, the little bumps and joys, you’re left behind. Soon you’re somewhere else all together.
And the smallest things you missed put you there. A hesitation when you ask how things are. A laugh. A brief sad look. The kind of things you don’t notice, unless you’re paying attention.
It’s not just about the people right around you, though. I believe that when people see that something is wrong - an injustice, cruelty, waste, foolishness - they want to right it.
If they can’t, they expect those responsible to fix it, with that responsibility often falling to governments.
I have to believe that. There’s not much point in writing this kind of column unless you believe that people will consider the information and analysis and - at least sometimes - do something with it. Just chronicling our troubles isn’t enough.
I also believe it’s true. It takes us a while for us to figure out there is really a problem, and then longer to decide what to do. Longer still to judge who should do it.
But we don’t like to see people left behind, or children in care shortchanged, or businesses struggling with pointless government regulations and paperwork. Eventually, we deal with the problems.
But only if we notice - if we’re paying attention.
Here in Victoria, we’ve suddenly noticed big problems on our streets. Drunken louts at bar closing time. A lot of homeless people, including many dealing with serious mental illness, damaging drug addictions or both.
They didn’t just appear one day, a group of 50 hanging around the needle exchange, panhandlers on the corners, heaps of belongings and cold-looking people outside Streetlink, the main shelter.
But we didn’t notice when the first people released from mental hospitals in the 1970s, with the promise of support in the community, started showing up on the streets. The support wasn’t there; they could make their way without it; so they fell.
We didn’t notice when the small group of older alcohol addicts were joined by more and more people haunted by cocaine, their limbs twitching, sores on neck and arms and faces.
Because we didn’t notice, governments thought we didn’t care. If we’d been paying attention, it would never have got so bad.
Instead, this all got so much worse that we now face a giant problem.
So I’m amending the resolution that I hope you’ll adopt. It’s still to pay attention. And really, it’s best to start close to home. With the people you live with each day, the world you inhabit - the way the breeze feels on your face or the sky looks like at dusk on a middling spring day.
But when it comes to the bigger world, maybe this year we could all resolve to focus. To pick something that seems wrong, and make it better.
Maybe it troubles you that children in care are pushed out into the world the day they turn 19, with no real support or guidance. (Except for the efforts of some extraordinary foster parents.) Or you don’t think people with mental illnesses should be dumped on the streets.
Pick something, and resolve to make it better by the end of the year. Demand action of politicians. Give some money. Give some time. Hold yourself accountable.
Footnote: To the regular readers out there, and the editors who decide to run the columns: Thanks. It’s a great privilege to be able to share information and thoughts on things I think important. And a great responsibility. I do appreciate you’re willingness to read this far, whether you agree with me or not.

Saturday, December 22, 2007

Censored government reports on Basi-Virk raise questions

Bill Tieleman, who has done a fine job covering the Basi-Virk BC Rail corruption trial, writes on the results of an FOI request for the reports of the government staffer who has been monitoring the courtroom happenings. The results suggest Attorney General Wally Oppal mislead the legislature about what the staffer was doing.
And the censored reports raise questions about what the government is keeping from the public.
You can read it here.

Wednesday, December 19, 2007

Government's silence on sea lice and wild salmon a problem

Sea lice are quite creepy. They look like little tadpoles - maybe one-quarter of an inch long. And they attach themselves to salmon and other fish and suck their blood.
It's usually not a problem. A few lice don't hurt a fish.
But for several years, researchers have been finding that salmon farms changed things. The concentration of fish in a small area meant dense sea lice populations as well. And the lice didn't just stick around. If a migrating wild salmon passed through the area, it encountered much denser populations than in the rest of the ocean.
And too many sea lice - particularly on a three-inch young salmon - can kill. (It's not a B.C. problem. European fish farms have faced the same issue.)
The industry and government have denied the problem exists. The industry has tended to attack the researchers.
The province has ordered a few farms fallowed during migration periods. But it's pro-industry. The government has had an all-party legislative committee report on aquaculture for eight months now without responding in anyway to the recommendations.
But the evidence of the sea lice problem has been piling up. Last year, when an environmental group laid charges, the Attorney General's Ministry appointed a special prosecutor to decide whether they should go ahead. Bill Smart - the special prosecutor in the Glen Clark case - sought independent scientific advice. The fisheries expert, Frederick Whoriskey, concluded salmon farms were creating a sea lice problem that was killing pink salmon in the Broughton Archipelago. A single farm produces more than 50 million sea lice eggs a year, he found.
Smart concluded that sea lice from salmon farms were harming the wild fish. He decided not to go ahead with the prosecution because it wasn't clear that was against the law.
The industry went on the attack; the government ignored the independent prosector's report.
This month, a research study published in the journal Science found the sea lice from salmon farms in the area threaten wild pink salmon with extinction. Local pinks could be gone within four years, the researchers reported.
This was a peer-reviewed study; other scientists had to assess its legitimacy before it could be published.
Research can always be disputed. The provincially funded Pacific Salmon Forum says its research shows no connection between fish farms and sea lice on wild salmon.
But the findings published in Science can't sensibly be ignored. Risking the future of wild salmon stocks, given the evidence, would be reckless.
The question is whether the industry and the government will see it that way.
The industry's reaction so far has unfortunately been to deny a problem. Accepting the risk would open the door to potential solutions. The authors of the Science article note that relocating the fish farms to deeper waters or away from wild salmon migration routes would help.
The provincial government has seemed frozen. It handed the whole problem off to an all-party committee of MLAs, with an NDP majority, which held hearings. Its report was done in May.
Agriculture Minister Pat Bell said the government would have a new aquaculture policy by the fall. But so far, nothing.
The industry provides needed jobs in coastal communities and the farmed salmon fetches about $240 million a year. The economic impact is significant.
But opposition has moved beyond the environmental movement. A coalition of some 100 ecotourism businesses says the sea lice damage to wild salmon threatens their $1.4-billion industry. It bought a full-page ad in The Globe and Mail this fall to press the federal and provincial governments for action.
And the future of wild salmon is one those issues that goes beyond fishermen and coastal communities.
There are lots of factors in the vanishing salmon, from climate change to development to logging practices.
But sea lice are part of the problem, according to solid research. The government is going to face increasing pressure to deal with the issue.
Footnote: The legislative committee called for governments to help the industry to move to "closed containment" systems instead of mesh pens. But the salmon farmers say practical technology doesn't exist. The committee also offered common sense measures like removing environmental protection from the Agricuture Ministry, was is charged with promoting the industry.

Monday, December 17, 2007

Mulroney makes the case an inquiry is needed

I want an inquiry into the Mulroney-Schreiber scandal. It will cost a lot, say $75 million, and no one will likely be found guilty of anything.
But we need a light that can shine into the dark and sleazy world of lobbyists and pals and politicians in Ottawa. An inquiry might do that.
Brian Mulroney's testimony before the ethics committee was the last straw.
Sure, he succeeded in reminding everyone that Karlheinz Schreiber, the German businessmen who paid him with bundles of cash, has a tenuous grasp of the truth.
That was no surprise. Schreiber has shown he'll lie under oath if it's advantageous.
Schreiber had been distributing money and favours around Ottawa for years in an effort to get an arms plant built in Nova Scotia.
Mulroney testified he met with on June 23, 1993, while he was still prime minister. They didn't talk about future work, Mulroney said, "except to say that given my international background and contact he'd like to keep in touch and perhaps call on me again some day in the future."
Nine weeks later, while Mulroney was no longer prime minister was still an MP, he went off to meet with Schreiber in an airport hotel room.
According to Mulroney, Schreiber wanted him to lobby other countries to buy armoured vehicles from the same company that hoped to build a plant in Canada.
Schreiber says he was paying Mulroney to use his influence to clear the way for the Nova Scotia plant.
Both agree that Mulroney took an envelope of cash from Schreiber. There was no contract or written agreement or even a specific indication of what he was supposed to do. Just an envelope stuffed with $1,000 bills - $75,000 Mulroney says, while Schreiber says $100,000.
Mulroney's explanation was that Schreiber said he was an international businessman who dealt in cash.
But what kind of international businessman is that? Are we really to believe that Bill Gates and Richard Branson don't use cheques?
Mulroney says it was a mistake on his part.
But he repeated the mistake twice more, meeting Schreiber in hotel rooms in Montreal and New York over the next year and taking more envelopes full of cash.
Mulroney never deposited the money in a bank. He just kept in safe deposit boxes and "integrated" it into his requirements.
The former prime minister testified he lobbied world leaders on Schreiber's behalf, but there's no record of his activities or corroboration.
Mulroney also acknowledged that while he took the money in 1993 and 1994, he didn't report it to Revenue Canada until 1999, after Schreiber faced criminal charges.
His explanation didn't make much sense. He claimed the money was used only for his expenses; he took no money for his work. So it wasn't income.
But then once Schreiber got in trouble, Mulroney said he decided to declare it to Revenue Canada.
Mulroney also left questions about his 1996 testimony in his lawsuit against the federal government over allegations related to Air Canada's purchase of planes from Airbus. The government paid Mulroney $2.1 million to settle the suit, which he says all went to expenses related to it.
During that process, Mulroney testified under oath that he had met Schreiber "once or twice for coffee" after leaving office. He said the question he was asked only related to the Airbus affair, and he had no obligation to reveal the hotel room meetings to collect cash.
Who knows what to believe? And that's not even getting into Schreiber's other political donations, or his claim that he contributed money to the effort to oust Joe Clark, clearing the way for Mulroney.
Add the whole sordid mess to the corruption uncovered by the Gomery inquiry, and it is impossible to have confidence the federal government is not tainted.
An inquiry is the only way to restore public trust.
Footnote: Columnist Norman Spector had a front row seat as Mulroney's chief of staff. He wrote in The Globe and Mail that action needs to be taken to curb the influence of lobbyists who move back and forth between partisan activities and attempts to influence the politicians they support with time and money.

Saturday, December 15, 2007

What's the government hiding in the Basi-Virk case?

The always interesting PacificGazette takes a look at the government's effort to keep secret documents the lawyers in the Basi-Virk trial say are needed to defend their clients.
The government is apparently choosing to invoke lawyer-client privilege to keep documents from the court. Like any client, it could choose to waive the privilege and release the information.
The Gazeteer offers a good summary and links here.

Liberals reverse child rep budget cut blunder

Score another one for democracy and Vaughn Palmer.
The Liberals made a big blunder earlier this month, practically and politically. Government MLAs on the legislative finance committee cut the budget request of the Representative for Children and Youth, Mary Ellen Turpel-Lafond.
After about 45 minutes of unfocused questioning, the Liberal MLAs decided to cut the proposed budget of the representative by 11 per cent. They didn't say where the office should reduce spending or offer any rationale. Turpel-Lafond had told them the cuts would make it impossible to do critical elements of her job, like investigating children's deaths,
But the Liberals went ahead. The New Democrats on the committee, who wanted to provide the full amount requested, were outvoted.
Why? The other officers of the legislature - the ombudsman, auditor general and the rest - had received their full requests. Why chop the representative?
Given the lack of any answers that made sense, it was hard not to notice that days before Turpel-Lafond had reported critically on the government's lack of progress on implementing the Hughes report. She found there had been no action on key recommendations designed to improve things in the troubled ministry of children and families.
The budget cut looked much like payback, petty, vindictive - and self-destructive.
The Liberal attack was led by MLAs Randy Hawes and Ian Black. It showed a remarkable lack of common sense or awareness of just what a mess the government has made of most areas affecting the lives of children and families over the last six years.
Hawes has tried to defend the cuts to the budget. He says there wasn't enough detail to satisfy him that the extra money Turpel-Lafond was seeking, so he pushed for a lower budget.
Fair enough, on some level. But 45 minutes of questions followed by a closed-door decision to cut funding doesn't seem like a serious attempt to find out about any concerns.
And if Hawes and his fellow Liberals didn't have enough information to approve the budget, the certainly didn't have enough to cut it, either.
The representative was looking for more money - an increase from $4.8 million to $6.6 million.
But that was no surprise. The office was created as a result of Ted Hughes report on the many problems in the government's support for vulnerable children and families. The agency started with a rough budget set up by managers in the attorney generals ministry, before there were any real plans or staff.
The government acknowledged the guess at funding. A year ago, the Liberal chair of the same committee assured Turpel-Lafond that money wouldn't stand in the way of working on a better future for B.C. children.
"As the budget moves forward, if you have any requests, if something isn't working, if you find that it wasn't enough or there have been changes, as a committee, we are mandated to be here for you," said Blair Lekstrom, then the committee chairman.
But the six Liberal MLAs on the committee didn't agree. The committee chopped $700,000 from the budget.
Hawes hadn't complained about a lavish $560,000 reno at the ministry of children and families. He and the other Liberals voted for a 29-per-cent raise and expensive pension plan for themselves. Then they got all careful when the advocate for children came looking for money.
The public reaction was quick and negative. Vaughn Palmer of the Vancouver Sun, one of Canada's best political columnists, is insightful but usually judicious in assessing politicians' performance. This time he called the Liberals on the committee "nitwits."
And Friday, the committee called special meeting to take another look at the budget. The premier's office had read the clippings.
You, and Palmer, helped convince the Liberals that it was a mistake. They could not get away with cutting the money for independent oversight in this area. They restored all the money they had cut.
In all, it's probably been useful. Turpel-Lafond need to establish her independence, She's done that by facing down the government on budget cuts.
Footnote: Liberal MLA Bill Bennett chairs the committee. I'm not sure if he deserves blame for letting the cuts go ahead or credit for working out solution after meetings with Premier Gordon Campbell. A pre-election cabinet shuffle is likely in June; Bennett, dumped over an abusive e-mail he sent, would be a good addition.

Tuesday, December 11, 2007

We all helped Pickton kill those women

Robert Pickton had it right. If you're going to kill somebody, pick someone whose death won't much matter, at least to the people who do.
Like addicted women, working in the low end of the sex trade. When they disappear, hardly anyone notices, outside of a few family members.
The missing women's case showed that Vancouver police didn't even care much as they heard the stories - more and more - of women who just vanished. It just didn't rate as serious.
That's largely our fault. When the street sex trade gets too visible, or moves to close to our neighbourhoods or places we go, we're unhappy.
Understandably. The trade brings drugs and cars and noisy fights. Who wants to explain what's happening down the block to a curious six-year-old?
But for at least two decades, our unhappiness has never led us actually to demand a change in the way the trade works. We just want the police to push the street sex trade somewhere else.
After that has happened a half-dozen times, the women end up in the worst possible places, for them. In Vancouver, the Downtown Eastside, a place almost extraterrestrial in its weirdness. In Victoria, a light industrial area that's largely deserted at night. Around the province, the sex trade ends up where there's not much help for the women if something goes wrong.
So they get beat up, or raped - or just vanish, like they were never there. We don't care about that, once they're out of sight. Not enough to do anything, anyway.
And Robert Pickton - and too many others - figure that out. We don't expect the sex trade to stop, really. In fact, in Canada, we've made it legal.
But in one of these cruel and ridiculous perversions, we've fixed the rules so that people who try and work in the legal business face massive risks. Prostitution is legal. But talking to clients about what the arrangement isn't. Living off the avails - or providing a safe workplace, to look at it another way - is also illegal.
Most people selling sex find ways around the problems, sort of. Escort agencies and massage parlours provide a place to work. Independents operate from apartments.
But at any time, about 10 per cent to 20 per cent of the business is done on the street. The women are generally addicted and struggling to live. The work is low-paying and very risky.
And sometimes, deadly. And the risk is largely because of the law, which forces them to work in the most dangerous places.
A lot of people have professed to be troubled by the Pickton trial. Newspapers have nervously warned that their coverage might be upsetting.
But not all that upsetting. Not so upsetting that we would actually change anything so that more women don't die.
The reality is that nothing is different today. The work is as dangerous. Another Robert Pickton could be out there, probably is out there.
It's a cliché to point out how much more we cared about the missing women when they were dead than when they're alive.
But it's also truly telling. The Pickton trial cost about $45 million. The investigation into the crimes - including the huge effort at the farm - cost about $70 million. The total is $115 million and rising.
Imagine what could have been done for the 500 street level prostitutes across B.C. - that's a guess - with that money. That's $115 million that could have been spent on addiction services or housing or support - or the early intervention that made have a difference in the lives of the people who ended up on the street.
Yet we can't even be bothered to change the laws so the worst dangers of the sex trade are reduced.
Robert Pickton murdered the six women. His sentence will likely keep him off the streets.
But we helped him kill them. And we've done nothing to change the grim reality that more women will die in the same way.
Footnote: The debate has begun on whether the Crown should press ahead and try Pickton on the other 20 murder charges he faces. There seems little point. The families will get few answers; Pickton, 58, is unlikely ever to be released from custody; and the $30 million could be better spent on the living.

Monday, December 10, 2007

Norman Spector on the lobbyist disease

Norman Spector offers an inside and insightful look at the lessons we should learn from the Schreiber-Mulroney affair (and from the Basi-Virk affair as well, I'd say). The column is in The Globe and Mail today or here today.

Friday, December 07, 2007

Basi-Virk B.C. Rail case grows messier all the time

I take a look at the latest twists and turns, glance at why it's gone so wrong and remind readers what;s going on in a Times Colonist column today.

Sunday, December 02, 2007

Taylor's departure caps rough session for Liberals

Some not entirely random notes on the legislature session just ended.
Yes, the legislature was sitting. The MLAs have been back here for four days a week since Oct. 1, with a couple of breaks. They will have sat 19 weeks this year.
It's been an eventful fall. The big news last week was Finance Minister Carole Taylor's announcement that she won't run in the 2009 election.
That's too bad. Taylor has been good for the Liberals and public life in B.C. since she was elected in 2005. It's not just her success in the job, including reaching agreements with public sector unions at a time when they were fiercely angry with the government.
She's shown that respect, courtesy and civility - and niceness - can be part of the job, even in the ugliest moments in the legislature.
I was won over early. Not long after Taylor was named finance minister, I called on a Friday with some question for the minister. There was no callback by deadline, but that's OK. Ministers are busy.
But about 8 p.m. I got a call from Taylor. She knew it was too late, but she wanted to apologize for not being able to get back to me in time.
Of course, the flip side to her departure lies in the questions it raises. Even one of the best jobs in cabinet wasn't enough to keep Taylor in the life. It's hardly a recommendation for smart, sane people considering a leap into politics.
All in, it was a good session for the New Democrats. When it started, there was a lot of sniping about Carole James' leadership. By the end, that had been silenced.
Partly, that reflected the problems the government faced over the last eight weeks. Every week brought new bad-news stories. There was the $400-million convention centre cost overrun and Solicitor General John Les' fumbling on the airport Taser death, gang slayings and policing.
Forests Minister Rich Coleman couldn't explain or defend forest land deals that enriched a few select companies by up to $1 billion, at the public's expense.
And Children and Families Minister Tom Christensen was hung out to dry as the Representative for Children and Youth reported the government has failed to act on critical recommendations from the Hughes report. (Christensen also faced revelations that the ministry blew $560,000 on a lavish head-office reno while it refused to provide needed money to help children who had been sexually abused.)
And as well as the usual problems in health care, the NDP raised questions about care-home quality.
There was still lots of good news on the economy. And it's hugely significant that the legislature approved the first two agreements reached under the B.C. treaty process.
But all in all, the Liberals were glad to get out of Dodge.
The session seemed to mark a turning point for a lot of the New Democrats. There was a sense up until now that many of the MLAs were intimidated by the job of holding ministers to account, nervous of making a mistake.
In this session, you could see them getting confident and comfortable, and as a result much more effective. There were a few MLAs who have been consistently effective - Leonard Krog, Adrian Dix, Mike Farnworth, Bob Simpson.
Now there are another dozen who should make ministers nervous.
(One downside is that abuse and catcalling in the legislature rose sharply. The NDP opted for a more combative approach; sadly - at least for those who hope for civility in politics - it seems to have been effective.)
Meanwhile, another big potential time bomb for the Liberals is ticking down. The Basi-Virk corruption case is now scheduled to go to trial in March, amid more twists and turns about evidence and testimony. If it goes ahead, it will be an interesting backdrop for the spring session.
Footnote: Remember the government's $10-million Conversation on Health, an idea of Premier Gordon Campbell? The report was released last week - on the day after the session ended, when Taylor announced she was stepping down and while Campbell was out of the country. It's fair to say the government is not thrilled with what it heard from the public.

Wednesday, November 28, 2007

Liberals stumble – again – on children and families

I can't figure out why the Liberals are bungling the important work of protecting children and helping families.
They made a mess of the responsibility in their first five years, with reckless budget cuts and mismanagement. That ended with the Ted Hughes review of child and family services in 2005, when the problems spun out of control.
Hughes held the government to account. He blamed the problems in part on budget cuts and botched restructurings. And he made 62 recommendations to get things back on track.
It was an opportunity for a fresh start, and Premier Gordon Campbell grabbed it. He promised to do better. The government would accept and implement every one of the recommendations, Campbell said.
But the Hughes report was delivered in April 2006. And the government has a dismal job in acting on the recommendations.
One of things it did do was restore independent oversight, appointing a representative for children and youth.
This week, Mary Ellen Turpel-Lafond, the Saskatchewan judge who got the job, reported on progress on the Hughes recommendations.
It was horrible. She found only 18 recommendations had been implemented, or almost implemented. Progress was made on another 19.
But that left 25 recommendations - 40 per cent - where there had either been no action, or the Ministry of Children and Families hadn't been able to provide any information to indicate what had been done.
We're talking about protecting the most vulnerable kids and helping struggling families.
The recommendations that have fallen by the way were serious. Some dealt with making sure First Nations child protection agencies were fully supported in the terribly important and difficult work they do. (The death of Sherry Charlie, beaten after being placed in a home by a native agency, led to the Hughes inquiry.)
Hughes said the ministry urgently needed a functioning complaint process, both to help people and gather information about problem areas.
There should be an actual plan for the regionalization push at the core of the government's strategy, Hughes said.
But 19 months later, the ministry couldn't show that those basic recommendations had been acted on.
Worse, the representative's report - couched in polite language - said there were signs the ministry was paying lip service both to the Hughes report and the principle of independent oversight.
Turpel-Lafond said she had hoped the ministry and her office would do a joint, co-operative report on progress on the Hughes' recommendations, which they would present together. Children first and all that. But the ministry balked.
Turpel-Lafond also noted that after she reviewed ministry plans and asked about the lack of reference to the recommendations, it sent her the same document with a few references to the Hughes report inserted.
All this left the government in a bad spot. And then things got worse. When the ministry entered its public meltdown phase, Campbell hired Lesley du Toit, a South African who had been on a ministry expert panel, as a special advisor. Weeks after the Hughes report came down, du Toit was named children and families deputy minister.
Since then, there have been a lot of meetings and talking about transformation, but not much in terms things you can see or measure.
Du Toit did an interview with the Times Colonist - the first time she had agreed to speak with reporters at any length since taking the job. She maintained the representative was wrong in finding a lack of leadership on the recommendations,
Her explanation for the missing information on progress wasn't reassuring. "Part of that is because a lot of the progress we make isn't written into documents; it's progress that is made that can be reflected by saying, 'this is what we've done,'" she said.
Anyone who has been a manager knows that when people can't offer any evidence of actions - especially on specific recommendations like Hughes made - they generally don't exist. Talk of restructuring and continuums is not a substitute for actually getting things done in the meantime.
Campbell and the Liberals were rightly critical of the wretched job the NDP did in managing the children and families file.
Amazingly, they have done worse and are blowing their chance to make a fresh start and set things right.

Monday, November 26, 2007

Courts give another boot toward treaties

The government expected a celebration last week.
The second B.C. treaty process success, an agreement with the Maa-nulth of Vancouver Island, was being introduced in the legislature.
But a big court ruling stole the show. One of the longest, most expensive land-claim cases came to an end with a very big win for the Tsilhqot'in First Nation.
B.C. Supreme Court Justice David Vickers heard the natives claim for their traditional territory, about 4,000 square kilometres in the Chilicotin, near Williams Lake. (That's about two-thirds of the size of Prince Edward Island.)
The Tsilhqot'in claimed title - actual ownership of the land. The provincial and federal governments said that couldn't be proven. Even if the natives spent time there, that didn't equate to ownership.
That's one of the big irritants in relations with First Nations today. They say the government's starting point in negotiations is to fight any title claims.
Vickers found the Tsilhqot'in had occupied the land for 200 years before it was taken from them. There was no payment or agreement to transfer ownership.
So they still owned it. He found they could show title to about half the plan claimed - about 2,000 square kilometres. The Tsilhqot'in had an interest and right to be consulted on the rest of the land.
There are some technical hitches that affect the claim.
But the ruling still sent quick shock waves through the treaty process. Typically, treaty talks have seen First Nations getting about five per cent of the traditional claimed territories. The Tsilhqot'in got 50 per cent by going to court.
There are other variables, of course. Treaty settlements have included cash and resource allocations.
But the Tsilhqot'ins' success means that expectations have just been raised sharply at the negotiating table.
Grand Chief Stewart Phillip sees it as a bigger change than that. "Clearly the process is dead," he said after the ruling. It makes more sense to go to court than negotiate, said Phillip, a long-time opponent of the treaty process.
Not really. For starters, this case has taken 17 years and the Tsilhqot'in still don't actually have anything. If the governments decide to appeal, the case could be lost in the courts for another 10 years. That means more than a generation will have lost a chance at a better life.
Negotiations only work - in any situation from selling a car to trading hockey cards - if both parties have at least some interest in reaching an agreement. The more both want a deal, the better the chances of success.
The track record of the B.C. treaty process suggests no one is that keen on a deal. It's been 14 years since it all began, and more than $1 billion has been spent - about $6,000 per native in the province.
And so far, there are two treaties - the Maa-nulth and the Tsawwassen.
Sure, it's complex sorting out what happened and how much is owed. But two treaties numbers don't suggest great urgency. When people want a deal, they find a way to get it. That has not been happening.
It's understandable. For the federal and provincial governments, there are not many reasons to be keen on agreements. It would be good to have the issue put to bed, and for B.C. some certainty around land claims would bring increased investment and economic activity.
On the other hand, doing nothing has a lot of advantages. It doesn't cost much and the problem can be pushed off into the future, when someone else is in power.
For First Nations, there should be reasons to do a deal and get on with life, with digging out of the hole they're in. But there's also a big fear about settling too soon, for too little.
The Tsilhqot'in ruling should encourage the governments to get serious about reaching agreements. The risk in leaving to the courts is enormous.
And First Nations, all they have to do is look around to see why it's time to settle these claims.
Footnote: Vickers urged the governments and First Nations to sit down and reach agreements, rather than spend money and years in legal battles. "This case demonstrates how the court ... is ill-equipped to effect a reconciliation of competing interests," he noted.

Thursday, November 22, 2007

NDP's affirmative action plan troubling, but worth a try

My first reaction to the NDP's plan to push women and minority candidates into more ridings was negative.
It is undemocratic. Holding seats open for women means men are barred from running. The party members in the riding lose the right to pick the best candidate.
New Democrats backed quotas and affirmative action at their convention last weekend. The party decided to take a new approach to picking candidates for the 2009 election.
Incumbents are safe. Male or female, they can run again without worry. But for the seats held by Liberals, 30 per cent of the NDP candidates must be women. Another 10 per cent must be from other underrepresented groups - gays or people with different coloured skins.
The Liberals have 46 of 79 seats in the legislature; that means the NDP has to nominate women or minorities in about 20 of those ridings.
The party hopes that will happen without coercion or orders from above. Ridings that nominate the desired candidates will get extra campaign funding as an incentive.
But if that doesn't work, the party executive will step in and appoint candidates, whatever the local members think.
The push to elect women goes farther.
In any riding held by the NDP, if the current MLA decides not to run, a woman must be nominated. The aim is to ensure women run where there is a real chance of winning, not as sacrificial lambs or tokens.
So if Corky Evans decides not to run in Nelson-Creston in 2009, no men need apply to represent the riding. It's set aside for a woman.
It's not really fair. Imagine you've worked away for 30 years, and you really are ready to represent a riding in the legislature. You know the people and the issues and they trust you. And now you can't get nominated because you're a man.
Times Colonist cartoonist Adrian Raeside captured the problem, depicting Winston Churchill being rejected as a candidate by NDP leader Carole James.
On the other hand, a letter to the editor wondered how many leaders who could have been more effective than Churchill never were elected, because women were effectively barred from politics.
It's been at least 25 years now that we've been fretting about the lack of women in politics, which remains the preserve of white, middle-class guys.
But in 2005, the share of legislature seats held by women fell, ass it did in the 2001 election. In fact, women's share of seats is is lower todday than it was in 1986.
That should strike you as a problem. Women make up half the population - why do they hold less than one-quarter of the seats?
We all lose as a result. If you're looking for a great read, pick up James Surowiecki's The Wisdom of Crowds. The central thesis is that if you bring together people with diverse backgrounds - a plumber, a teacher, an engineer, a hockey player, a painter - and ask them to solve a problem, they'll do well. Diversity, used effectively, is hugely valuable.
It makes sense. Verbally quick, smart, ambitious men - the core group of politicians today - have one way to approach a problem, based on their life experience and what's worked so far.
A woman likely, almost certainly, brings a different life experience. That diversity makes for a better decision.
The bigger question, sadly, is why a woman would want to be an MLA. If you're in opposition, you're flailing around on the margins. If you're in government, you're silenced for the good of the team.
And success in the legislature is defined by how loud you can shout and how cutting your comments are. Both tend to be guy things.
Even getting there requires some affluent buddies to throw in some money and a team to sign up members. Many women have access to neither.
All in, I'm OK with the New Democrats' affirmative action plan.
Not thrilled. It's not democratic.
But then neither is our current system for picking candidates, with mass sign-ups and instant party members.
Really, what have we got to lose by trying something different?
Footnote: The measure was hotly debated at the NDP convention and the party is likely hoping most of its incumbents will run again in 2009. The greatest potential for internal conflict will be over the nomination for winnable ridings.

Tuesday, November 20, 2007

Taser scandal destroying public trust in police, government

The decision to call a public inquiry into Robert Dziekanski's Taser death might not have come quickly enough for my young friend Spencer.
Solicitor General John Les flip-flopped Monday. Five weeks after Dziekanski's death - and after repeatedly rejecting calls for an independent review - Les caved and announced a public inquiry.
But it might to be too late. Spencer is almost 11, quite smart and aware. On the way to watch a weekend hockey game, he was talking about the video showing four RCMP officers approaching the immigrant, Tasering him, kneeling on him. And Dziekanski dying.
And for Spencer, it was clear. They killed the guy and it didn't have to happen.
That's a bad thing for kids to think about the police.
It must be tough for all the other officers, who are just trying to make things better, I offered. Trying to be positive and all, and because it's true.
By his silence, I knew Spencer wasn't convinced.
And I can't blame him. At that point not a single question about Dziekanksi's death had been raised by anyone in the police or government. The four officers were on the job. Premier Gordon Campbell and Les said they were ready to wait for the RCMP internal investigation and an inquest.
They had no concerns about Taser use in the province.
In fact, the RCMP presented a false story about what happened. A spokesman said the officers had used gestures in an effort to calm Dziekansi. They tried to talk to him, but he was throwing chairs in a crowded area, the spokesman said. The first jolt from the Taser barely had an effect, the spokesman said.
And the RCMP attempted to withhold the video a young Victoria man, Paul Pritchard, had made of the whole affair. Only after Pritchard went to court was the evidence revealed.
It showed the officers making no effort to defuse the situation before repeatedly zapping Dziekanski and jumping on him
The RCMP denies any effort to mislead. "We were giving the information we knew at the time," said spokesman Cpl. Dale Carr, "That's not a lie."
Who cares where the false information came from? The RCMP story about what happened was untrue and covered up damaging facts.
And except for the video, and Pritchard's determination to see it released, that would likely have been the end of the affair.
Les didn't see any need for action. Campbell said he wasn't forming any judgments until all the investigations were concluded - a matter of years. There were no worries about Taser use, although six British Columbians have died after being shot.
For Spencer, and the kids at his elementary school, it looked pretty clear. The police could do what they wanted. Watch the video.
On Monday, Les reversed himself and announced a public inquiry. It will look at Taser use, the actions of the RCMP and the Canadian Border Services and the way people are treated at Vancouver International Airport. (On Tuesday, Campbell refused repeatedly to express confidence in Les.)
The inquiry was overdue. The RCMP is investigating itself, but the force's credibility is gone. There will be an inquest, but those are slow and limited. The federal government promised a review, but really, who expects anything there.
The official police position is that Tasers have never killed anyone. But 18 Canadians have died minutes after being Tasered in the last five years.
In 2005, the Police Complaints Commissioner ordered a review of Taser use. The result was a package of useful recommendations around training, protocols and monitoring.
But the provincial response was largely token. The RCMP, for example, still isn't providing basic information on Taser use to the province's use of force co-ordinator, despite the 2005 recommendation. The government can't see how many officers have received the recommended training in Taser use and excited delirium.
Spencer will be watching what happens next.
Footnote: What did happen with the Police Complaints Commissioner report? Not much. There is a provincial use of force co-ordinator and the government sent out a letter in 2005 telling police about the new guidelines. But there was no follow-up or monitoring. Some forces used the Taser much more frequently after the report; others, like Victoria's, cut back. The government checked out.

Thursday, November 15, 2007

Tasers and the lost trust in the RCMP

Most people who watched Robert Dziekanski's life end on the floor of the Vancouver airport felt horror.
But there was also anger, and a sense of trust betrayed. The actions of the RCMP that night - and in the days that followed - marked a turning point. It is hard to maintain trust in our national police force after such a dramatic failure.
The initial focus has been on the police use of Tasers. That is important. In the last four years, 18 Canadians have died after being electrocuted b the devices. Six of them, one-third of the total, have been in B.C.
The devices were introduced in the province in 1998. It seemed a great step forward. The promise was that the Taser would offer an alternative to the use of guns. Imagine being able incapacitate a crazed person waving an axe at police, instead of having to shoot to kill.
But the devices were introduced without a clear code for their use and only limited training. And it became clear that officers were using Tasers more freely and for a wider range of purposes, sometimes simply to get people to follow instructions quickly.
That was not the idea. And given the number of deaths associated with Taser use, it was a dangerous approach.
Part of the problem has been the reluctance of police to acknowledge any risk, despite the mounting toll of people who died within minutes of being Tasered.
The deaths prompted the province's Police Complaints Commissioner to launch a review, led by the Victoria police department. The report backed the use of the devices, but called for better training and stricter rules.
The devices should not be used unless people are actively resisting police, the report said. It's not enough that they're ignoring commands or gesturing wildly.
And even if they are actively resisting, the report said, unless police are being assaulted they should use the Taser as a stun gun, rather than firing the darts into the person. The difference is significant: As a stun gun the Taser is painful, but not incapacitating.
The report warned of the risk that excited delirium - a medical condition that can cause death - is associated with Taser use. And it cautioned that after being Tasered, people hog-tied and left lying on their front might be unable to breathe.
The province said it adopted the recommendations.
But the video of Dziekanski's death - along with the other reports - gives the lie to that claim.
It shows him pacing in the Vancouver airport. A Polish immigrant, he had been there 10 hours. His mother came to meet him, but couldn't find him.
Dziekanski looks agitated. He waves a chair around, pushes something on the floor. A woman appears on the video, moves close and tries to talk to him. She's not afraid. Security guards are looking on.
Then the four RCMP officers arrive. They don't hesitate or try to talk to Dziekanski. They don't confer on whether a translator is available. None of them tries to take his arm. He raises his hands. Moves away.
And they shoot him with the Taser. He screams, falls, gets shocked again and all four leap on top of him. In a short time, he stops moving. None of the officers tries CPR in the minutes captured on the video.
It's bad. But in some ways, what happened in the next few days was worse. The young Victoria man who shot the video voluntarily offered it to the RCMP; officers said they would make a copy and return it the next day. But then they refused to give it back. They would hold it until the investigations were over, they said, perhaps two years.
Meanwhile, the RCMP talked about a struggle in a crowded terminal. They said officers had tried to subdue Dziekanski.
But the terminal was deserted. They didn't try to talk to him. He didn't struggle. The RCMP description bore no resemblance to the scene on the video. It smacked of cover-up.
But the young man threatened to sue. He got the video back and - after sharing it with Dziekanski's mother - released it.
The video should bring immediate, strict controls on Taser use and an end to the current practice that sees the RCMP investigate itself in this type of case.
But nothing will bring Dzieskanski back, or restore the lost trust in Canada's national police force.