(This
column was published in the North
Shore News on
May 20, 1998)
Skewed view of justice
By Leo Knight
A
decision by the BC Court of Appeal last week and the resulting
response by the Attorney General appear to underline what is
clearly wrong with the NDP and their view of what is and what is
not just.
Our
story begins in 1994 when a complaint of sexual harassment was
initiated against then Government Services Minister, Robin
Blencoe. The premier of the day, Mike Harcourt, called Blencoe
on the carpet and was assured by Blencoe there would be no
further problems and no other complaints were in the offing.
Within
a week, two further complaints were filed by two other women.
All three complaints essentially dealt with unwanted attentions
paid to them by Blencoe. Apparently, he tried to steal a kiss or
two.
Harcourt
tossed Blencoe from Cabinet, ostensibly because he had
"lost confidence in the minister." He was then booted
from the NDP caucus.
Blencoe
was a career politician and the stigma attached to him because
of the complaints spelled his political doom.
He
moved to Ontario, to a small town where his wife had family, to
try to get a fresh start. But the past followed him to his new
job which he then lost. He and his family returned to Victoria
where he remains unemployed and under the care of a physician
for clinical depression.
Despite
Blencoe's having consistently denied all allegations against him
and the extreme penalty he paid just for being the subject of
the sexual harassment complaints, the Human Rights Commission
pursued its investigation and pushed forward for a tribunal
hearing over 30 months after the first complaint had been laid.
Blencoe
challenged in the BC Supreme Court, arguing that his right to a
speedy "trial" had been violated.
He
won.
The
Human Rights Commission appealed to the BC Court of Appeal, and
Blencoe won again in its decision delivered on May 11.
Attorney
General Ujjal Dosanjh then stated he was planning to appeal to
the Supreme Court of Canada.
Hold
on now. At what cost? Two and a half years of investigation, a
Supreme Court hearing and a Court of Appeal review and now
Dosanjh wants to take it further. For what? Sticking his tongue
in a secretary's ear?
Disgusting?
Hell yes. Inappropriate? Of course. But the man's career has
already been destroyed. His wife and kids have suffered as a
result. He has totally depleted his life's savings to defend
himself and support his family. And the AG wants yet another
kick at him.
Compare
this to the case of disgraced former Burnaby elementary school
principal William Bennest.
He
was given a red carpet stroll through the justice system after
being charged with multiple criminal offences relating to
homosexual pedophilia.
After
the "sweetheart" deal was exposed, Dosanjh announced
he was appealing the sentence Bennest received after pleading
guilty to possession of kiddie porn, some of which involved a
12-year-old boy from the very school he administered.
But
that was all show.
Two
weeks after he posed in front of the TV cameras clucking his
tongue and announcing his appeal, he appointed former Supreme
Court Justice Josiah Wood to review the case and advise whether
he thought an appeal would be successful.
Director
of Appeals Bob Wright prepared a lengthy legal brief
substantiating the reasons for appeal. Wood dismissed it with a
400-word letter written to the AG in early February. Evidently
Wood's opinion, which didn't even address any of the legal
arguments submitted by Wright, was enough for the AG to throw in
the towel.
At
the same time as he appointed Wood to review the chances for
appeal, he also appointed him to "advise" the police
on an "ongoing criminal investigation."
That investigation was essentially a witch hunt to find the Vancouver cops who, disgusted with the Bennest deal, allegedly leaked information to the media concerning the wire tap part of the Bennest investigation.
The
investigation, conducted by a Delta police staff sergeant, has
been going on for over four months. George Garrett of CKNW and
yours truly were the only members of the media focused on by the
investigation despite the fact neither of us publicized one iota
of information relating to any information gleaned by the police
from wire taps.
In
simple terms, Dosanjh relied on a skimpy report by Wood rather
than the lengthy legal brief by his own Director of Appeals when
he should have simply let the court hear the appeal.
Once
he disposed of that little problem, he then set about trying to
ferret out honest police officers who are disgusted with what
they view as corruption.
So
what's the message being sent here?
Stick
your tongue in a woman's ear and the full might of the state
will be unleashed to destroy you.
Be
a homosexual pedophile, abusing young teenage boys and the AG
postures and dances but at the end of the day allows a waltz
through the system virtually penalty-free.
Blencoe
has suffered more than enough.
I
make no judgment on his guilt or innocence, nor do I suggest the
complaints against him aren't serious. But realistically, does
the punishment fit the crime?
Hardly.
Yet
Dosanjh wants to go all the way to the Supreme Court of Canada.
Ask
the same question about Bennest. Did the punishment fit the
crime?
Not
even close.
Yet
the AG appeared to orchestrate a situation ensuring an appeal
would not be heard by the courts and at the same time targeting
his guns on honest individuals who dared to expose the sham.
One
has to wonder whether Blencoe would be pursued as steadfastly
were he homosexual and the complainants male.
No. I didn't think so.
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