The British Columbia Supreme Court has rejected a bid to extend an injunction that led to the arrest of 16 Tahltan Elders in northwestern BC in September. Lawyers for two Ontario-based mining companies, Fortune Coal Ltd. and Fortune Minerals Ltd. had asked the court to ban interference with their use of the Ealue Lake Road near Iskut, B.C. for another year, purportedly to enable the companies to continue exploration activities in the area, which includes the “Sacred Headwaters”.

However, Mr. Justice Robert Bauman found there was insufficient evidence before the court to justify such an order, and awarded costs of the failed application to the Tahltan defendants.

Defence lawyer Cameron Ward characterized the application as a transparent attempt by the companies to use the civil litigation process to impose criminal sanctions of arrest and punishment on persons engaged in peaceful political protest, pointing out that many members of the Tahltan Nation feel that there has been inadequate consultation with repect to the industrial activities planned in their traditional territory.

The civil injunction and attendant power to punish for contempt of court have long been potent weapons designed to quell protest activities in BC. In 1994, some 850 people were arrested in Clayoquot Sound and convicted of contempt of court after disobeying an injunction order in a civil proceeding brought by MacMillan Bloedel Limited. Most of those spent several weeks in jail. MacMillan Bloedel’s court action was later dismissed for want of prosecution. More recently, environmental activist Betty Krawczyk spent nearly a year in prison after she sat down on a public logging road in violation of a court order obtained by Hayes Forest Services Ltd. in a similar civil proceeding. Like MacMillan Bloedel before it, Hayes took no further steps in the civil proceeding after securing the arrest and imprisonment those disrupting its industrial activity.

I returned to Vancouver from a brief (and well-deserved) holiday out of the country to learn that provincial Liberal and NDP MLAs had colluded on a snap vote to award themselves substantial salary and pension increases, only to reverse themselves a few days later after sustained public outrage.

The reasons for the public reaction have been well-documented, and I need not repeat them here. However, this sorry episode is yet another example of how politics has become a dishonourable profession. As I learned some twenty years ago when I was active in a major political party, the field of politics is dominated by persons motivated by naked self-interest and personal ambition. This ugly behaviour can be found at at every level, with the federal Liberals’ Adscam mess being the most egregious recent example.

Any Canadian seeking to make a public contribution, to actually attempt to make a difference in the lives of his or her fellow citizens, would be well advised to stay far away from the cesspools of Ottawa and Victoria.

Chief Coroner Terry Smith has finally scheduled a coroner’s inquest into the death of Sherry Charlie, more than three years after the unfortunate little girl died. He said the delay was because investigative processes by other agencies had to be completed first. Nonsense! A coroner’s inquest is a fact-finding, not a fault-finding, investigation. It should take place quickly in any case of unexplained sudden death, while witnesses’ memories are still fresh. The facts uncovered at an inquest can then be used by other investigators in their work, for example, to determine whether criminal charges are warranted.

In 1997, when Larry Campbell was the Province’s Chief Coroner, 34 coroner’s inquests were held, with an average elapsed time between the date of death and the inquest date of 6.4 months. It is hard to get current statistics, since the BC Coroners Service has not published an Annual Report since 2001, but I have learned that only 13 inquests were held last year.

Despite a 62% reduction in the coroner’s inquest workload, it now seems to take years before inquests are scheduled in many cases. For example, the coroner’s inquest into the death of Jeff Berg commenced in June, 2004, nearly four years after his death at the hands of Vancouver police on October 24, 2000.

The delays in the BC Coroners Service processes are unconscionable to the families of the deceased and the public, and Smith and Solicitor General John Les should be pressed for a better explanation for them than those offered so far.

Let me get this straight. While Quebec federal Liberals and their cronies were operating a corrupt kickback scheme and funnelling tens of millions of dollars from the public purse, Finance Minister Paul Martin, a lifelong Quebec Liberal, the highest ranking party member in the province, remained blissfully unaware of what was going on? You mean to tell me that while he was on the rubber chicken circuit, gladhanding Qubec Liberal party members, planning strategy and tactics, running the nation’s finances, this criminal activity somehow escaped his attention?

I didn’t just fall off the turnip truck. Let me offer an explanation for Judge Gomery’s conclusions on this aspect of the matter. I am speaking as one who participated as counsel in a lengthy public inquiry (APEC) and one who watched Martin’s testimony before the commission.

A commissioner of inquiry, like Judge Gomery, takes his lead from commission counsel. In this instance, counsel did not press Martin on his assertions that he knew nothing. The questions put to Martin were like lobbed softballs, not major league sliders. Any resemblance to probing cross-examination was purely coincidental.

This was to be expected. After all, would a lawyer appointed by the Martin’s federal government actually grill the sitting prime minister, let alone challenge his credibility? Not very likely.

Don’t blame Judge Gomery for his findings about Martin. The blame should fall on the inquiry system, a system that operates in such a deferential fashion in situations like this.

The Vancouver Olympic Organizing Committee (VANOC) has come out swinging again over alleged infringement of its trademark rights. Having failed to dissuade the Olympia Pizza and Souvlakia House on Denman Street from using a rings and torch logo, VANOC has set its sights on an opponent closer to its own size: petroleum giant Imperial Oil Limited. It seems that Esso has an advertising campaign promoting Canada’s hockey teams and offering prizes of trips to Torino. Although no mention is made of the Olympic Games, VANOC is apparently concerned that some folks might infer that Esso is an Olympic sponsor, when in fact only Petro-Canada can claim that distinction.

It might be fun watching these two heavyweights slug it out in court, if only VANOC wasn’t spending our tax dollars on the fight.

Check out Olympia’s website at www.998denman.com:

There’s also a fuss about this: