August
17, 2004
Broken
Promises or Deceit?
The
Campbell government mislead, some would say lied, when it
promised not to sell BC Rail. Campbell had a choice, he could
have said he changed his mind, but throughout the legislative
debate in the fall of 2003, he insisted that he did not sell
BC Rail. On August 12th, heavily edited versions of the agreements
with CN were released accompanied by a news
release that essentially said the public should be grateful
for what it gets since the government didn't have to release
anything.
The
documents that are available on a government
website consist of a 210 page "restated transaction
agreement" (21.2 meg) and a 459 page "revitalization
agreement" (52.9 meg). The documents are so heavily edited
that even definitions are blacked out. Two of the censored
definitions include "permitted encumbrances" and
"re-purchase options". A clause dealing with "Land
Tenure Agreements with First Nations" is nothing but
censured black ink, and many clauses have even the headings
blacked out. Article 2 of the transaction agreement is one
of the most interesting. It puts the lie to Campbell's claims
about not selling BC Rail. Article 2.1 is titled "Purchase
and Sale"; it begins with:
"The
Vendors hereby agree to sell, assign, and transfer to the
Purchaser, and the Purchaser hereby agrees to purchase from
the Vendors the Rail Shares and the BCR Partnership Units,
free and clear of all Encumbrances, in accordance with and
subject to the terms and conditions of this Agreement for
an aggregate of one billion and one dollars ($1,000,000,001),
less the Railcar Purchase Price set out below
"
Some
of the words in the above clause are defined in the agreement,
but are blacked out in the version released to the public.
Originally
conceived as the Pacific
Great Eastern, BC Rail has been part of BC's economic
development and history since 1912. In 1996 Gordon Campbell
said he would sell it; that is credited with contributing
to his defeat. In 2001 he promised not to sell it, and even
though the heavily edited document makes it clear that BC
Rail was sold, Campbell clings to his fiction. What does that
say about the credibility of anything he promises for a second
term, should voters grant him that privilege?
The Campbell
government said it would not sell BC Rail, but it did. It
said it would not break contracts, but it did. It said it
would not expand gambling, but it did. It said it would provide
stability for the Ministry of Children and Family Development,
but it has delivered chaos. The Campbell government cannot
be trusted. On what basis can it offer promises for another
four years?
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