It is a truth universally encountered by anyone in the media that trumpeted utterances like “the press is a cornerstone of a free and democratic society” are commonly followed by “but,” or “however,” further followed by overstepping the bounds of responsible journalism, misleading the public, erroneous statements, attacks that undermine public confidence, disparaging personal integrity, intemperate criticism, threats to the public weal – if it happens to intrude into a sensitive area or one of self-interest.
And if the matter concerns a case before the courts, alarm bells: Journalists learn early about jeopardizing a fair trial if they report something that could influence a jury, though the danger is less if a case is before a judge alone – judges having the gift of suspending any prior knowledge or personal belief and donning the mantle of complete impartiality.
And so we come to issues raised by Vancouver Sun legal columnist Ian Mulgrew – note, a former colleague of mine whom I wasn’t especially fond of, and had slammed in print for his long advocacy of legalizing marijuana – who wrote a column Jan. 24 that commented on “the landmark marathon Medicare constitutional challenge” posed by Vancouver’s private Cambie Surgery Centre (medical director Dr. Brian Day) and some individuals.
This dispute began about eight years ago. Put briefly, the centre’s lawyers assert that the case is being strung out by the defendant – British Columbia (Attorney General), the proxy for the mighty, some believe sacrosanct, national public health system and its rich, politically powerful unions – essentially with a bottomless pocket, while the plaintiffs are being drained by $800-a-day legal costs. And that’s just for pre-trial issues. The plaintiffs have run out of money.
The presiding judge, B.C. Supreme Court Justice John Steeves, in effect says he is helpless under the rules to move the case along while the lawyers feud.
The column, and also one on a separate matter, was strongly rebutted, in the italicized or similar terms in paragraph one above, in the Jan. 30 Sun by Christopher E. Hinkson.
Who is he? The chief justice of the Supreme Court of British Columbia.
This seems extraordinary: The top judge of B.C.’s Supreme Court is commenting on a case before the courts. Does that violate, if not the principle itself, the spirit of the principle? To be fair, which Hinkson in unmistakable terms believes Mulgrew isn’t, Hinkson helpfully allows that Steeves “has issued 25 (! – that’s my !) rulings on pre-trial matters that the parties have been unable to resolve between themselves.”
On the question, if there is one, of the propriety of the chief justice’s comments, I would propose convening a panel of 12 lawyers. It would be interesting to read their 19 opinions.
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Over a bento box at the best bargain in Japanese (or any other) food in downtown Vancouver, which I won’t name – it’s hard enough to get seats – last year I goaded West Vancouver Coun. Craig Cameron to admit he was secretively considering running for mayor of our fair and wet suburb.
Cameron didn’t even try to be coy. No.
“Bet a bento box lunch you will,” said I.
Having recently reported that Coun. Mary-Ann Booth was thinking about having a shot at the mayor’s chair, I nudged Cameron again.
“Mr. Lautens,” he replied, “I can say with absolute and resolute conviction that I have formed a firm intention, a conviction, to NOT run for mayor of West Vancouver in October. Thank you for asking. I’m flattered. PS: The prospect of the Bento Box Bounty may or may not have been a tipping point.” You ate it here first.
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I’m highly reluctant to engage in a “I said-he said-she said” dispute in print. It bores readers. Few go back to read the whole file.
Those who do can make up their own minds about West Vancouver Mayor Michael Smith’s response at council Monday to my Jan. 26 column questioning the wisdom of accepting a gift to the community centre by a family whose multimillion-dollar development proposal is before council.
Here I only cite Smith’s claim: “The comments made about the proposed towers on the old White Spot site are mischief making at its best.” To attribute that motivation is foolish, flatly wrong, and implies their many opponents – clearly, some under town hall’s roof – are fellow mischief-makers.
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I have rare flashes of abjuring politics and advising something to actually make readers happy. So, for Valentine’s Day…
Pull up YouTube on your computer and listen to “A Hundred Years From Today,” by the under-celebrated Maxine Sullivan, beautiful at age 75, a year before her death. Play it to your children under 65 or so, who have heard little but 98 per cent twanging trash and self-indulgent moans in their impoverished musical lives.
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An analysis by Andy Yan, director of Simon Fraser University’s city program, showed that more than 99 per cent of single-family homes in West Vancouver are assessed at over $1 million. Quick – addresses for that one per cent?
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