Judge urged to unseal search warrants
B.C. legislature raid: Evidence may be protected by Cabinet privilege

Lori Culbert
CanWest News Service
Saturday, January 03, 2004
(Vancouver Sun)

VANCOUVER - Evidence seized from the B.C. legislature in police raids last
weekend may be "protected by Cabinet privilege" and it could be
another two weeks before police can even look at it, prosecutors said in
court yesterday. As a result, the search warrants used to obtain that
evidence should be sealed to protect "innocent persons" named in
them until police can review the evidence gathered, special prosecutor
William Berardino told B.C. Supreme Court Associate Chief Justice Patrick
Dohm.

Judge Dohm adjourned a media application to unseal the warrants until Jan.
14, to give prosecutors time to agree on a protocol for determining what
evidence can be viewed. A lawyer for CanWest News Service argued against
sealing the warrants, saying the public has an overwhelming right to know
details of the case.

The police raids took place on Sunday on the offices of Dave Basi, a
ministerial assistant to Gary Collins, the B.C. Finance Minister, and
Robert Virk, an assistant to Judith Reid, the Transportation Minister.
Dozens of boxes of documents were carted away from the aides' offices by
police. Mr. Basi was fired and Mr. Virk suspended with pay. Both are
Liberal party activists but neither has been accused of any wrongdoing.

As part of the same investigation, police also searched several private
homes and businesses on Sunday. One raid was at the home of federal Liberal
fundraiser Bruce Clark, a brother of Christy Clark, the B.C. Education
Minister. Police said the raids were part of an investigation that arose
out of a separate 20-month probe into drugs and organized crime in British
Columbia.

The evidence seized from the legislature was delivered directly to the B.C.
Supreme Court, and remains there in sealed boxes. Mr. Berardino argued
yesterday that keeping the search warrants under similar lock and key is
"manifestly appropriate". "The public in these circumstances
has the clear overriding interest in the proper administration of
justice," he said.

But lawyer Barry Gibson, who represents CanWest News Service, argued that
prosecutors must prove specific harm will be done if the search warrants
are unsealed. Mr. Gibson said an October, 2003, ruling in the Ontario Court
of Appeal "made it clear that you must have specific and compelling
grounds for suggesting that disclosure of information will interfere with
an ongoing investigation."

He also said the public has an overwhelming right to know some details
about this complex case. And he asked how citizens can have confidence in
the government. "We have raids at the legislature. We have police
officers at press conferences making reference to money laundering,"
Mr. Gibson said. "We have rumours about B.C. Rail. We have ties to
federal Liberals, and no one knows what is going on."

Mr. Gibson had not seen Crown documents requesting the warrants be sealed,
but was told of the general nature of the arguments. They include
safeguarding the integrity of the police investigation, protecting innocent
people and concerns about informants, he said. "While my clients do
not want to prejudice an ongoing investigation, they do believe that the
public has a right to know what these investigations entail," he said.

Mr. Berardino said it will take about two weeks to work out a protocol on
viewing the evidence.

Mr. Basi's lawyer, Chris Considine, said in court yesterday that his client
is eager to clear his name and his reputation as quickly as possible, but
was agreeable to the Crown's request to delay the hearing until mid-January
to protect the "rights and privacy interests" of those named in
the warrants. Mr. Virk's lawyer, Kevin McCullough, also agreed.

Lawyer Michael Skene, representing television and other newspaper
interests, urged Judge Dohm to make the same ruling as he did in 1999, when
reporters wanted to see the search warrants used in connection with the
raid on the home of former NDP premier Glen Clark. At that time, Judge Dohm
ruled an edited version of the search warrants could be released, a
compromise to protect the investigation and to inform the public.
"They are remarkable circumstances. There is tremendous public
interest [in this case]," Mr. Skene told the judge.


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