March
23, 2004
Update:
Order
in Council 222, made on March 11, 2004, defined the
Solicitor General as the Attorney General for purposes of
the Police Commissioner. In particular it ordered "The
Minister of Public Safety and Solicitor General is designated
as the official to whom the references to the Attorney General
is sections 50(3)(e) and (f) and 63.1(9)(b) of the Police
Act are considered to be made." That doesn't take the
heat off Attorney General Geoff Plant because he was responsible
for the Police Commissioner until March 11th and he is still
responsible for Aboriginal Affairs.
Heat
on Plant for Frank Paul Inquiry
Opposition
from Solicitor General Rich Coleman to a public enquiry
into the death of Frank Paul has surprised the Police Complaint
Commissioner and many in the community. Coleman's profile
as a former cop makes some think that his past plays too much
a role in his decision.
In 1998
Frank Paul was dragged from jail and dumped in an alley where
he died of hypothermia. In
2001 Coleman wrote to the former Police Complaint Commissioner
saying "I am significantly concerned with the possibility
of opening a corner's inquest during which the culpability,
liability, and issues of racial discrimination are likely
to become the central features of attempted cross-examination."
Coleman identified the reasons why a public inquiry, rather
than a corner's inquest, should be held. Imagine what Coleman
might have said if a drunken Campbell had been dragged from
a jail in Maui and deposited in a dangerous place, or think
how quickly Coleman might act if a big shot from Shaughnessy
had died rather than an aboriginal man.
As an
officer of the legislature, many people may have thought that
the Commissioner could not be vetoed by the Solicitor. The
Commissioner is established by sections 47 - 51 of the Police
Act. Section
50(3)(f) states that the Commissioner may:
(f)
make recommendations to the Attorney General for a public
inquiry under the Inquiry Act if there are reasonable grounds
to believe that
(i)
the issues in respect of which the inquiry is recommended
are so serious or so widespread that an inquiry is necessary
in the public interest,
(ii) an investigation conducted under this Part, even
if followed by a public hearing, would be too limited
in scope, and
(iii) powers granted under the Inquiry Act are needed;
When the
Campbell government created the largest cabinet in BC's history,
it neglected to amend various statutes so as to replace the
Attorney General with the Solicitor General. That means responding
to the Commissioner's recommendation is the responsibility
of Attorney General Geoff Plant. The most respected member
of Campbell's cabinet may end up wearing a great deal of mud
if he backs his disgraceful colleague.
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