Kinsella's refusal versus Dobell's co-operation

Earlier, we reported the provincial Liberals' most powerful backroom boy Patrick Kinsella is refusing to "consent to any investigation or reporting by the lobbyists registrar." This, according to correspondence sent by his legal counsel Paul Cassidy to the registrar David Loukidelis. By comparison, when Premier Gordon Campbell's special adviser was under review by the registrar, Ken Dobell told the Times Colonist's Jeff Rud and Lindsay Kines he was "very pleased that commissioner Loukidelis has accepted jurisdiction to look at this, subject to my co-operation, and I have told him that I will co-operate fully. And I'll have no further comment until he reports." The following are edited copies of the aforementioned correspondence, which was sent by Mr. Loukidelis to New Democrat attorney general critic Leonard Krog

Blake, Cassels & Graydon LLP
Barristers & Solicitors
Patent & Trade-mark Agents
595 Burrard Street, P.O. Box 49314
Suite 2600, Three Bentall Centre
Vancouver BC V7X 1L3 Canada
Tel: 604-631-3300 Fax: 604-631-3309

September 3, 2008

VIA E-MAIL, COURIER
and REGULAR MAIL

Lobbyists Registrar for British Columbia
PO Box 9038
Stn Prov Govt
Victoria, B.C. V8W 9A4

Attention: Registrar Loukidelis

Re: Complaint under the Lobbyists Registration Act - OIPC File No. L08-35188

We are counsel to Mr. Kinsella, the principal of Progressive Holdings Ltd.

We understand that Leonard Krog, MLA, wrote to Registrar Loukidelis on June 5, 2008, asking him to investigate certain alleged lobbying activities respecting which Mr. Kinsella has not registered as a lobbyist. Mr. Kinsella has been advised that Ms. Carlson, Executive Director of the Lobbyists Registrar, is in the process of completing a preliminary analysis of the materials submitted by Mr. Krog, and will be informed by Ms. Carlson whether or not an investigation will be undertaken by the Registrar of Lobbyists.

We have reviewed the Lobbyists Registration Act, S.B.C. 2001, c. 42 ("Act"), and have determined that the Registrar of Lobbyists has no legislative or other power to accept complaints, or to conduct any investigation or reporting on the activities of individuals alleged to have contravened the Act. Accordingly, we are of the view that any investigations by the Registrar concerning the alleged lobbying activities of our client have no legal basis.

If the Registrar is of a contrary review, we would appreciate if you would provide us with a detailed explanation of the legal basis upon which this investigation is being conducted.

We are not foreclosing the possibility of cooperating with the Registrar in an investigation of our client's alleged lobbying activities. However, it is our position that any results of an investigation undertaken by the Registrar of Lobbyists, in the absence of legal authority for such an investigation, will be moot.

Yours truly,

Paul R. Cassidy

***

Blake, Cassels & Graydon LLP
Barristers & Solicitors
Patent & Trade-mark Agents
595 Burrard Street, P.O. Box 49314
Suite 2600, Three Bentall Centre
Vancouver BC V7X 1L3 Canada
Tel: 604-631-3300 Fax: 604-631-3309

September 26, 2008

VIA E-MAIL, COURIER
and REGULAR MAIL

Lobbyists Registrar for British Columbia
PO Box 9038
Stn Prov Govt
Victoria, B.C. V8W 9A4

Attention: Registrar Loukidelis

Dear Registrar Loukidelis

Re: Complaint under the Lobbyists Registration Act - OIPC File No. L08-35188

As we advised in our correspondence of September 3, 2008, we are counsel to Mr. Patrick Kinsella, the principal of Progressive Holdings Ltd.

Last night, we had the opportunity to attend the Canadian Bar Association British Columbia Branch meeting of the Freedom of Information and Privacy Law Section. In your keynote address, you said the following with respect to the authority of the Registrar of Lobbyists to conduct investigations regarding complaints you receive of alleged violations of the Lobbyists Registration Act, S.B.C. 2001, c. 42 ("Act"):

We [the Office of the Registrar] have undertaken a number of investigations depsite...with the consent of those whom we are investigating.

We agree with your statement as to the Registrar's lack of authority conduct any investigation or reporting on the activities of individuals alleged to have contravened the Act.

We hereby advise that Mr. Kinsella does not consent to any investigation or reporting by the Registrar of Lobbyists in respect of any such complaint(s) that may involve him.

Yours truly,

Paul R. Cassidy

***

BY FAX (604) 631-3309

October 2, 2008

Paul R. Cassidy
Blake, Cassels & Graydon LLP
Suite 2600
595 Burrard Street
Vancouver BC V7X 1L3

Dear Paul Cassidy

Complaint under the Lobbyists Registration Act - OIPC File Nos. L08-35188 & L08-35189 - your reference 97426/1

I have your September 26, 2008 letter and also have no seen your September 3, 2008 letter on the same issue. I am now directly involved and will respond as soon as practicable after reviewing this matter.

Copies of your September 3 and 26 letters are being sent to Leonard Krog with his copy of this letter.

Yours sincerely

David Loukidelis
Information & Privacy Commissioner for British Columbia
& Registrar of Lobbyists

copy: Leonard Krog MLA

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