With new evidence around the 2000 by-election circumstances surrounding the then newly minted leader of the Reform/Alliance Party, Stockwell Day we can only wait to see how Prime Minister Harper, handles the situation. Stockwell Day is,after all, his Minister of Public Safety and the Minister responsible for the RCMP. How Orwellian!
How comfortable are you as a citizen with the RCMP considering an investigation about criminal charges around political events of the Minister to whom they must ultimately report to? Are the RCMP going to decline to revisit the Stockwell Day by-election events of 2000 for criminal wrong-doing given that it directly involves the Minister to whom they report? What if an investigation were launched and criminal charges laid over the by-election of Stockwell Day and Harper had exercised his new political influence and control over the appointment of the Judge who was to hear the case? How comfortable are you with that? It could happen!
You have to marvel at the irony that the documents the Liberals are relying on were found in the files of the Leader of the Opposition Offices and were left behind by the former Conservative Leader of the Opposition, one Honourable Stockwell Day. The irony is even sweeter when you consider how hard Harper's people dug into the old files of the Martin Liberal government. They were looking for other potential Adscams they could use for political and purging purposes, but alas, to no avail.
How reassured are you that Harper and Day are skating and obfuscating around the Cabinet resignation issue under these circumstances? Do you believe the Honourable Stockwell Day, Minister of Public Safety of all things, should step down from Cabinet until this is resolved? Former Cabinet Minister Michael Chong resigned Harper's Cabinet over less critical, and less potentially damaging matters, but just as significant as to matters of principle. Michael Chong has proven himself to be a man of principle and character.
The RCMP were quick to jump into an investigation on supposed Liberal government political malfeasance around Income Trust leaks. That investigation was based on innuendo and hints but they announced it publicly just prior to the last election, only having to admit, many months later, there was no evidence of any wrong political doing. They ended up laying only one charge against an individual - a Finance Department bureaucrat who allegedly used insider Income Trust information for personal gain.
We are not yet in an election and only have mere media musings, hints and allegations that one is even remotely pending. So the RCMP do not need to worry about influencing an election outcome, this time any more than they did last time. It is not their concern as to timing of investigations and politics should not be a deciding factor. Speaking of the politics of the last investigation, it was strange the RCMP broke their usual silence about criminal investigations and let it be known publicly they were investigating the former Liberal government. Will they revert to traditional silence about these matters this time or will they boldly go again into the public political fray - if they even start to investigate their boss!
They might be able to get to the bottom of this Stockwell Day by-election matter well before an next election is even called. Perhaps Parliament is mature enough to actually forestall an election while this investigation is going on…presuming the RCMP actually decides to undertake it in the first place.
Where is the sharp wit and sound wisdom of former RCMP Commissioner Zaccardelli now that Canada, and Public Safety Minister the Honourable Stockwell Day, could really use him?
Now for something completely related.
What if I am right about the “republicanization” of the pro tem Prime Minister Stephen Harper and that his is eerily modeling and mimicking George W. Bush. I have been watching the “republicanization” of Stephen Harper as a variation on a theme for his style and substance of government all year. While I don’t think Harper is in the “Bush-league.” Let’s face it, when it comes to being “bush-league” Dubya is in a league of his own. You have to wonder if we can we expect what Stephen Colbert is showing us in this clip about the current Bush leadership reality to be somewhere in our Canadian equivalent?
Oh, Mark Holland trying to be a lawyer again. Ken, if you look at the mens rea requirement of this criminal offence, it is likely that the RCMP will not indulge the LPC in an investigation.
ReplyDeleteThe LPC is attempting to tarnish the reputation of a great leader. Cdn politics have hit an all-time low. I hope you all apologize after Day is exonerated.
eric - your mens rea comment is valid and I hope there is no criminality here. Lets face it our political institutions have not been stellar in being worthy of our trust and respect as of late and this will not help.
ReplyDeleteThat said my Black's Law Dictionary defines "mens rea" as "a guilty mind; a guilt or wrongful purpose; a criminal intent." The US definition is "guilty knowledge and wilfulness."
I never engaged in criminal law in my career but have some sense of the test of mens rea. The other issue is the criminal test of guilt requires proof beyond as reasonable doubt not merely on the balance of probabilities as in civil actions.
According to the documents on the matter I read on the Internet, there was an experienced lawyer representing the Party and experienced political operatives involved in negotiating this payment to Mr. Hart and they were coincidential to his withdrawal as a candidate. I expect it will be difficult for some to claim ignorance of the Criminal Code provisions at issue here.
It is still to be seen if there will even be an investigation. In the event there is an investigation and charges result, it all rhen turns on the evidence as to whether an argument on mens rea will stick and to whom.
Perhaps this is a place where the Cons (no pun intended) can test their ideas about imposing a reverse onus on an accused where they have to prove innocence.
I am not serious about that suggestion but it does bring home the point of how tough it is to defend oneself against the power of the state.
Currently I am more interested in watching how the RCMP and the Prime Minister will respond to the allegations and whether there will even be an investigation as a result of the new evidence.
The larger question of who did what to whom and why with what state of mind is down the road a piece.
It is now sitting as a matter of separation of powers and good governance and I a curious how that will play out and if politcs will interfere.
Ken, the reverse onus would apply to an offender who has been convicted beyond a reasonable doubt on three very serious crimes. Jokingly stating that the reverse onus should apply to Day's situation is consistent with the LPC's weak stance on crime.
ReplyDeleteDo you believe Day should step down if there is an investigation? I know Goodale didn't when the LPC was investigated regarding the income trust scandal, but maybe Day's situation is different.
Respecting your comments on Bush-Harper link, yawn. My guess is that the LPC will attempt to portray Harper as scary - unfortunately for the LPC, Harper has a great record to run on and it has been everything but scary. Decisive, principled governance.
I don't think Day has any choice but to step down if there is an investigation started especially given he is the Minister responsble for the RCMP.
ReplyDeleteEven that relationship of Day to the RCMP tends to put a different set of demands on transparancy being preferred over the ususal confidentiality of criminal investigations.
Goodale should have stepped down too.