"You take a person and you associate them or identify them with a particular group. And then you attribute to that person all the characteristics of that group, without out giving them a chance to stand on their own merits." That was North Vancouver-Seymour provincial Liberal nomination hopeful Cindy Silver's response when Public Eye mentioned her work as a lawyer for a number of socially conservative Christian groups. So we're going to give Ms. Silver, who may be looking to unseat backbencher Dan Jarvis, that chance.

When we asked Ms. Silver what her position was on same-sex marriages, a union which she has advocated against in court, she told us, "I was involved in those cases for so many years and I development my own perspective on them. And if you want to see what my perspective is, you should look at my submission to the standing committee" on justice and human rights last April.

"And what I said was that same-sex couples not only deserve, but they require recognition. The controversy is whether or not it should take the form of marriage - whether the name marriage should be expanded or whether, because it's a unique kind of relationship, it should develop its own legal structure and title." In her submission, Ms. Silver supported the latter idea.

Public Eye also questioned Ms. Silver about her thoughts on the use of corporal punishment to discipline children - another issue she's worked on. The North Vancouver school trustee said, "I'm not a believer in spanking. But I am a believer in the autonomy of the family and that there is a unique relationship with parents and their children. And, we need to be careful in society not to undermine that."

That position is somewhat different from the one she expressed in The Vancouver Sun back in 1994. In a letter to the editor, signed under her own name, Ms. Silver wrote "properly administered corporal punishment educates children to the dangers of disobedience, defiance, selfishness, sassiness, cruelty to others and actions that put the child's life in danger. It teaches them self-control and respect for authority - two characteristics necessary in socially responsible children."

While Public Eye was reading that letter to her, Ms. Silver exclaimed, "Did I actually write that? My kids are older now. My oldest is 21. My youngest is 13. It's funny how you change over the years. That was 1994...And that was my initial knee-jerk reaction (to the issue). And I do not advocate spanking. I advocate using all other kinds of alternatives."

Ms. Silver also added her work with the Focus on the Family (Canada) Association, a controversial Christian family rights group, was "behind me." That group is connected with an American organization with the same name.

A lawyer who has past connections with a number of socially conservative religious groups is looking to replace backbencher Dan Jarvis as the provincial Liberal's standard bearer in North Vancouver-Seymour, Public Eye has learned. In an interview, Cindy Silver, who was elected as a school trustee in 2002, confirmed she had submitted her nomination papers to party headquarters on November 17. But she said those papers haven't yet been approved nor has she decided whether to run. Ms. Silver wouldn't say whether anyone had encouraged her to unseat Mr. Jarvis, who has previously said he is running in the next election.

Between 1993 and 1998, Ms. Silver worked as the in-house legal counsel for the Focus on the Family (Canada) Association, a controversial Christian family group which has previously been accused of being anti-choice, pro-censorship and anti-gay. That association is connected to an organization with the same name in the United States.

Toward the end of her tenure with Focus, Vancouver Sun staffer Kim Bolan reported Ms. Silver, in her role as a staffer for the group, was collecting donations to defend the Surrey school board's decision not to approve the use of three books depicting same-sex marriages in kindergarten and grade one classrooms. At the time, Mary Polak, who would later run as the Liberal's by-election candidate in Surrey-Panorama-Ridge, was chairing the board. Ms. Silver told Public Eye she is aware of Ms. Polak but has no personal relationship with her.

After her stint with Focus, Ms. Silver was named executive director of the Christian Legal Fellowship, a position she held for two years before becoming an independent lawyer. In 2003, she was retained as the co-counsel for The Evangelical Fellowship of Canada, the Roman Catholic Archdiocese of Vancouver and the Canadian Alliance for Social Justice and Family Values when those groups intervened in the Supreme Court of Canada case involving the Surrey school board book banning decision. Ms. Silver has also been an advocate for the right of parents to spank their children, working as a lawyer for the Coalition for Family Autonomy.

Earlier, Public Eye reported Liberal party executive director Kelly von Reichert hadn't returned repeated phone calls over a two month period asking who belongs to the Liberal's re-election committee. That committee is chaired by influential backroom boy Pat Kinsella and Finance Minister Gary Collins. But despite Mr. Reichert's tightlips, we have since discovered former Socred operatives Greg Lyle and Jess Ketchum are working to help get the Liberals re-elected. And, thanks to our spies, we've added another name to that uber-secret list - TBWA\Vancouver president Andrea Southcott.

When we spoke with Ms. Southcott earlier today, she would neither confirm nor deny she was part of the Liberal's re-election planning team. But, to her credit, she promptly returned our phone call and was far more open and accountable than Mr. Reichert has been (hint to Kelly: this is how you keep journalists happy). Ms. Southcott told Public Eye, "I work on (the advertising account for the Liberals)...I'm committed to seeing this province grow and I'm supportive of the party." Ms. Southcott also said her firm is "just starting to get active" on that account. The following is our backgrounder on Ms. Southcott.

***

Andrea Southcott was named president and chief operating officer of Bryant, Fulton & Shee Advertising Inc. in 2001, becoming the first woman to head up a major agency in Vancouver. She has been with the company, which is now known as TBWA\Vancouver, since 1992. Prior to that, the University of British Columbia commerce graduate held account-management positions with agencies in both Vancouver and Toronto. Her firm, which has contributed $8,765 to the Liberals since 1999, was responsible for the party's advertisements in the 2001 election and components of the more recent government-funded Bringing out the Best campaign. More than $1.4 million has been transferred from the provincial treasury to TBWA\Vancouver since the party won that election. According to public accounts, government did not pay any money to the company between fiscal 1997/98 and 2000/01. Bryant, Fulton and Shee is considered one of Vancouver's top ad agencies.

***

Payments to TBWA\Vancouver/Bryant, Fulton and Shee

Fiscal 2003/04 - $958,339
Fiscal 2002/01 - $465,504
Fiscal 2001/02 - $0
Fiscal 2000/01 - $0
Fiscal 1999/00 - $0
Fiscal 1998/99 - $0
Fiscal 1997/98 - $0

***

Donations from TBWA\Vancouver/Bryant, Fulton and Shee

2003 - $3,590
2002 - $2,675
2001 - $0
2000 - $2,500
1999 - $0

Watch out! It looks like the federal Liberals are trying to be democratic again. Today, in their electronic newsletter, the party invited members to participate in a "grassroots consultation exercise" to come up with the "top ten reasons it's great to be a Liberal." A random sample of contributions so far included submissions like "Liberals are about hope not fear" and "Bono thinks we're cool" But we're pretty sure Public Eye's resident cynics can do better than that. So have at it boys and girls. We'll be sure to forward your creative suggestions onto Liberal headquarters. The following is the relevant portion of the newsletter.

The Top Ten Reasons It's Great to Be a Liberal

The Liberal Party of Canada would like to invite the participation of you, our members, in a grassroots consultation exercise, with the goal of answering the oh-so-simple question of "what it means to be a Liberal in the 21st century" and/or "why you should feel confident about the future of the Liberal Party, and of Canada."

We invite your personal submissions to these questions, top ten lists, and famous Liberal quotations that inspire you, whether said by one of our great Leaders, or by a role model who participate as a Liberal everyday, on campaigns, a riding association, and in his or her own communities.

Nothing is too serious, too partisan, or even too silly and ridiculous, because Liberals have a sense of humour, too. We ask only that contributors avoid cursing, libel, and slander, and ask that nobody write any encyclopedia entries. Good natured digs at opposing parties may receive bonus points!

A mini-version of this contest produced a few gems already, some serious, some not so serious. Here’s a random sample of contributions so far:

"Liberals are about hope and not fear."

"Official bilingualism, health care, our own repatriated Constitution, multiculturalism, surplus budgets, peacekeeping, and defending Canada's role in the world...need we say more?"

"It's been said before, but we'll say it again, it's a VERY big tent!"

"It does not get more Canadian that a former Stanley Cup winning Goalie as a Cabinet minister."

"All the free t-shirts you can handle!"

"Bono thinks we're cool."

"Because justice and equality are both principles to live by and ideals to strive for."

"A venue to apply your vast knowledge of Riding names and election victory margins."

The Liberal Party of Canada is confident that the vast knowledge of its membership will make this a memorable contest and we look forward to hearing what people across the country can come up with! The winner will receive a free t-shirt...or a free Frisbee...or a free umbrella...and you don't have to submit a Top 10 if you only want to submit a Top 1.

Please click here to submit your ideas: top10@liberal.ca

Last week, Public Eye reported Vancouver-Fraserview provincial Liberal backbencher Ken Johnston's constituency assistant Barinder Sall sent an email to Vancouver Sun columnist Vaughn Palmer, observing "there is a generation clash here between the older and younger indo-Canadians (sic). As these older guys want to be recognized, want fame, and I think maybe a sovereign society...lol...while the younger guys rather operate discretely, spend time golfing and enjoy life with their families." And it seems those statements haven't gone down well with community elders.

In a headlining story referencing Public Eye, LINK staffer R. Paul Dhillon reported, "A number of older generation Liberals reacted angrily at Sall's comments, saying he lacks a political awareness or knowledge of the community's affairs and attributed his comments to someone who is trying to keep his job." The LINK is the oldest Indo-Canadian newspaper in Canada and is distributed throughout the Lower Mainland.

Mr. Sall did not return Public Eye's phone call to get comment on the email. But he told Mr. Dhillon, "he meant no disrespect to the older generation Indo-Canadian BC Liberals and perhaps his comments reflected his frustration that there were many young Indo-Canadians there at the (Liberal) convention but the media didn't report them.

'I worked really hard to take a lot of young guys and it's frustrating when they don't report that,' Sall said during an interview with this reporter Friday afternoon. 'Maybe I was too emotional when I wrote this but I'm not taking a shot at anyone, especially the older generation because I do respect them.'"

The provincial Liberals could be getting another present from the justice system this Christmas. Rumour has it more charges flowing from Project Everywhichway, the Royal Canadian Mounted Police investigation that resulted last year's raid on the legislature, could be laid later this month, possibly the week of December 20. To date, the government has done an effective job of limiting the political damage caused by that raid. We'll see whether that continues.

The provincial Liberals will be counting on service they can trust during the next election. Insiders tell Public Eye the premier's executive assistant Lara Dauphinee and Tim Lewis of Western Pro Show Rentals Ltd. fame will be responsible for the leader's tour, the same job they did in 2001. Mr. Lewis's company has had a lucrative relationship with the government. Between the time the Liberals were elected and fiscal 2003/04, more than $1.5 million from the provincial treasury has been transferred into Pro Show's account. Monday Magazine muckraker and freedom of information request guru Russ Francis has extensively documented how many of the contracts awarded to Pro Show, which produces the government's open cabinet meetings, have been untendered.

Payments to Pro Show

Fiscal 2003/04 - $558,668
Fiscal 2002 - $530,274
Fiscal 2001/02 - $441,150

Babblester Wilfred Day is reporting Cowichan Valley school district trustee Doug Routley narrowly beat Island Trust chair and blues/country musician David Essig yesterday to win the provincial New Democrat nomination in Cowichan-Ladysmith. According to the posting, Mr. Routley received 131 votes on the second ballot and Mr. Essig got 114. Also in the race: former Green member Julian West, who came in with 27 votes on the first ballot and organic farmer Nina Gribble who mustered 10. Mr. Routley, who was supported by former New Democrat cabinet ministers Jan Pullinger and Dale Lovick, has an extensive background with the Industrial, Wood and Allied Workers Union.

Last week, Richmond city councilors Bill McNulty and Harold Steves promised street protests if Vancouver's transportation authority didn't ground plans to elevate the Richmond-Airport-Vancouver rapid transit line running through their community. And now it seems the two politicians, who are concerned the elevated line will be an eyesore, will be keeping that promise.

In an email sent out yesterday afternoon and leaked to Public Eye, Mr. Steves, a former Barrett administration MLA, announced, "We are organizing a demonstration along the RAV line on No. 3 Road for Monday...Our intent is to stop a bus to show (a) that the proposed elevated system will not even serve all of downtown Richmond, or (b) that an effective at grade system with separate transit lanes has already been designed for the B-line and at grade LRT." That email, copied below, is also being distributed by former Green mayoral, provincial and federal election candidate Stephen Kronstein.

***

Greetings, all.

The email below is from Richmond City councillor Harold Steves, regarding a demonstration about the RAV line, set for this Monday, 2pm. If you need to know more about the issue, contact Mr. Steves by the phone number he lists below.

Stephen Kronstein
Richmond, BC

-----Original Message-----
From: Harold Steves
Subject: RAV Demonstration
Date: Sat, 27 Nov 2004 14:03:38 -0800 (PST)

Hi Everyone,

We are organizing a demonstration along the RAV line on No. 3 Road for Monday (Nov. 29).

We will meet at the Richmond News parking lot, 5731 No. 3 Rd. at 2 P.M. then (a)walk a block south to the bus stop at Saba Road which is the last stop for the
proposed elevated RAV line or (b) north to the end of the B-line separated bus lane at Ackroyd Road.

Our intent is to stop a bus to show (a) that the proposed elevated system will not even serve all of downtown Richmond, or (b) that an effective at grade system with separate transit lanes has already been designed for the B-line and at grade LRT.

I will have signs prepared stating "at grade only" Bill Mcnulty and I are both contacting supporters. It would be good to have some people come early to ride on the bus.

Please let me know if you can come by e-mail or phone. Please ask other people to join us.

Organizations connected to the provincial and federal governments are paying firms linked with Prime Minister Paul Martin to lobby Ottawa on their behalf, Public Eye has learned. According to the federal registry, Vancouver's transportation authority and its subsidiary RAV Project Management Ltd. have retained Earnscliffe Strategy Group Inc. to support the Richmond-Airport-Vancouver rapid transit line and fuel tax transfers. Earnscliffe, which opened an office in Vancouver two months ago, has sometimes been referred to as the Martin government's shadow prime minister's office.

The authority, RAVCO and West Coast Express Ltd. (another TransLink subsidiary) are also being represented by Burrard Communications Inc., Mark Marissen's lobbying firm. Mr. Marissen was responsible for Prime Minister Martin's West coast leadership and election campaigns and is married to former Campbell administration cabinet minister Christy Clark. In addition, Burrard is working for provincially-owned British Columbia Ferry Services Inc. Other clients include the federally-operated Fraser River and Prince Rupert port authorities.

On Thursday, select Business in Vancouver subscribers received an email asking them to participate in the magazine's third annual business confidence survey. But, with an election just around the corner, the magazine also included a number of questions about provincial politics in that survey. The online questionnaire asks subscribers the effect Liberal policies have had on their business and what government's future priorities should be. It also asks them whether a New Democrat or Liberal win will impact their confidence in the economy. And it questions respondents as to whether they approve or disapprove of the Campbell administration's performance. Business in Vancouver was co-founded by Vancouver Non-Partisan Association city councillor Peter Ladner. The following is a copy of that survey.

1. Thinking about your own business or companies, what are the prospects in the next 12 months for each of the following areas? Please indicate whether your prospects are much higher, somewhat higher, somewhat lower, much lower or the same compared to the last 12 months. Please select one reponse for each row (much higher, somewhat higher, same, somewhat lower, much lower).

Profits

Sales

Employment

Space Requirements

Capital Expenditures

2. Thinking about the overall level of activity in your industry, what are the prospects in the next 12 months for each of the following areas? Please select one response for each row (much higher, somewhat higher, same, somewhat lower, much lower).

Capital expenditures

Profits

Employment

Sales

3. What do you think are the prospects for the overall level of activity in the BC economy in the next 12 months? One response only please (much higher, somewhat higher, same, somewhat lower, much lower).

4. Please tell us the effects of the following factors on your business. For each factor, please indicate whether it has a very positive, somewhat positive, somewhat negative, very negative or no effect on your business. Please select one response for each area (very positive, somewhat positive, no effect, somewhat negative, very negative).

B.C. Liberal government policies

Low interest rates

Retaining/finding high caliber employees

Softwood lumber tariff

Tighter border security

Native land claims

Lower provincial taxes

Winning the 2010 Winter Olympic Games bid

Access to capital

U.S. economy

Exchange rate with US dollar

Lower federal taxes

5. Following is a list of possible priorities for the BC government and its elected officials. For each one please indicate if you think it should be top priority, medium priority, low priority or if no attention is needed (top priority, medium priority, low priority, no attention needed).

Invest in transportation infrastructure

Restructure forest industry

Lower Corporate Taxes

Balance budgets

Increase spending on education and research

Increase spending on health care

Provide better environmental protection

Control spiraling health care costs

Reduce regulations

Spearhead innovation strategy

Reduce property crimes

Settle Native land claims

Lower Personal Taxes

6. Will the outcome of the provincial election impact on your confidence level for the future of the BC economy?

Remain confident no matter who wins

Remain confident only if the Liberals win

Remain confident only if the NDP wins

Not confident no matter who is in

Other (please specify)

Now changing the focus slightly, we would like to ask you about your impressions of various industry sectors in British columbia.

7. How would you rate the following industry sectors in terms of their contribution to the future overall well-being of the provincial economy? Would you say it will be a significant contributor, a moderate contributor, a minor contributor or not a contributor at all (a significant contributor, a moderate contributor, a minor contributor, not a contributor at all)?

Manufacturing/distribution/wholesale

Forestry

Retail

Tourism

Financial services

Other resource-based industries such as fishing, mining or agriculture

High-tech and Information technology industries

8. Which sector do you feel will likely generate the most economic activity and jobs and has the best chance for contributing to the future growth of BC's economy? Only one answer please.

Other resourse-based industries such as fishing, mining, or agriculture

Financial services

Manufacturing/distribution

High-tech and Information technolgy industries

Retail

Tourism

Forestry

9. Now turning to the performance of the BC Liberal provincial government...Based on what you've seen so far, would you say you approve or disapprove of the overall performance of the BC Liberal government (strongly approve, someewhat disapprove, strongly disaprove, don't know, no opinion)?

On Wednesday, Diane Rabbani, the head of the British Columbia government's public service agency, announced her associate deputy minister Ron McEachern would be euphemistically leaving that job on January 2. Mr. McEachern, who is well-liked and respected by colleagues, had been principally responsible for representing employer-side interests during collective agreement negotiations with civil service unions. No word yet on the reason for his...er...departure. But agency cube farms are abuzz with rumours the Liberals may be looking to make radical changes to those agreements. And Mr. McEachern's incremental approach to labour negotiations may not have fit in with that plan.

From her throne atop Mount Olympus, public affairs bureau demigoddess Athana Mentzelopoulos has sent word she wants government ministries to put together a list of all their communications contractors. Those contractors are sometimes used by program managers who need communications services the bureau doesn't have the time or interest to provide. Others use them because those contractors will provide communications services that aren't driven by a political agenda. The practice was also commonplace when the New Democrats were in government. No word yet on the reason for Ms. Mentzelopoulous' request.

Earlier, we reported former fur industry and Ontario government spin doctor Kirk Smith would be heading up the solicitor general's communications shop. But it turns out this isn't the first time he's worked for the Campbell administration. Insiders tell us Mr. Smith was a contractor with Picture BC, a raised-eyebrow initiative that provides funding and technical assistance to communities wanting to produce promotional videos and materials.

Picture BC also encourages British Columbians to contribute new photographs and film to the government's image bank - perhaps to be used in future (and surely non-partisan) providewide ads? The premier's chief of staff Martyn Brown is rumoured to have been closely involved with the project, which is identified as part of the Liberal's recent Bringing out the Best in BC advertising campaign. Mr. Smith dodged and weaved when Public Eye asked him whether was was involved with that campaign.

This morning, The Province reported retiring Kelowna-Lake Country MLA John Weisbeck "confirmed that he sent an e-mail to Liberal caucus members this week calling for the resignation of party president Mickey Patryluk, accusing her of speaking to the media about the audit before informing Liberals...Patryluk was traveling yesterday and unavailable for comment. But (party executive director Kelly) Reichert said Patryluk had no intention of resigning." Public Eye broke that story on Wednesday.

Retiring Kelowna-Lake Country MLA and deputy speaker John Weisbeck is calling on Liberal president Mickey Patryluk to resign, Public Eye has learned. In an email sent to caucus members on Monday, the MLA accuses Ms. Patryluk of abusing her position to influence the outcome of the nomination race in his riding. According to the email, a Kelowna Courier reporter informed Mr. Weisbeck on Friday that Sarina Sandana-Weisbeck, the MLA's ex-wife and one of the nomination candidates, was being accused of using bribery to recruit student supporters. That accusation, which involves an organization called the Urban Youth and Cultural Association, was published by the Courier on Saturday. The reporter told Mr. Weisbeck he had been informed about the whole affair by Ms. Patryluk. Mr. Weisbeck writes that the president should have let his ex-wife know about that accusation before speaking to the press.

The MLA claims Ms. Patryluk didn't because she's bitter about losing a nomination battle to him in 1996. Mr. Weisbeck also accuses her of secretly favoring another candidate. He concludes the email by noting that a national television show is travelling to Kelowna to cover the nomination and calling for Ms. Patryluk's resignation. Three other candidates are running against Ms. Sanda-Weisbeck including city councillor Al Horning, businesswoman Kit Bell (Minister of State for Mining Pat Bell's sister) and community activist Michele Rule.

Last night's Coalition of Progressive Electors annual fundraiser was awash with wine, food and gossip, report Public Eye spies who attended the event. According to the rumour mill, Vancouver Mayor Larry Campbell will be leaving the left-leaning civic party on December 11, along with up to three city councilors (the most likely candidates being Jim Green, Raymond Louie and Tim Stevenson). No word on the reason for that specific date. So don't salivate too much over that juicy morsel.

According to the whispermobile, Mr. Campbell will then run as an independent, endorsing council candidates from both the left and the right. Non-Partisan Alliance members receiving the mayor's blessing could include councilor Peter Ladner and Vancouver Parks Board chair Allan De Genova, who attend the fundraiser and was singled-out for recognition during the event.

In other more factual news, a number of provincial New Democrat nomination candidates were spotted working the room. Our biggest fan John Horgan showed up, as did Raj Sihota. Sharon Costello, one of the lost causes competing against Mr. Stevenson for the nomination in Vancouver-Burrard, was there. And so was flavour of the moment Gregor Robertson.

Looking for a good time? Does your version of fun include chanting slogans and the potential for violent confrontations? If so, you might be interested to know Vancouver's peaceniks are organizing a protest march against American president George W. Bush, who is making his first state visit to Canada. That march, which is scheduled to begin at noon on November 30, will start at Canada Place and end at the United States consulate. Another protest is scheduled for 5:00 the same day at the Vancouver Art Gallery. All of which should keep the Vancouver Police Department quite busy.

Despite having been diagnosed with prostate cancer, Children and Family Development Minister Stan Hagen is determined to run in the next provincial election. Speaking at a news conference, Minister Hagen said his constituency association has already had its nomination meeting and "I am not changing my plans at all when it comes to my political future." Minister Hagen also said his doctors have promised him he will be Blackberry-capable within two hours after being treated for the disease. That surgery is scheduled for November 30.

Last Thursday, the Supreme Court of Canada ruled government must consult and accomodate First Nations before making decisions that impact even unproven land claims. But it also ruled First Nations don't have a final veto over those decisions nor are business groups under the same obligation to consult and accomodate. But what do those rulings, which were part of two seperate cases, mean for the government and business in British Columbia? And where do we go from here? Well, First Nations consultant and political watcher Bernard Schulmann has some ideas. The following is Mr. Schulmann's analysis.

Analysis of the Supreme Court of Canada Decisions released November 18, 2004:
Haida Nation v British Columbia and Taku River Tlingit First Nation v British Columbia

Within hours of the decision, a whole lot of rhetoric came out from government, industry and First Nations all saying the case was a win for them. The courts are an adversarial process and realistically you do not get multiple winners.

This multiple winner declaration is simply a faulty analysis and ignores the basic fact that the case was a failure for everyone. At best we maintain the status quo of the last seven years, at worst we have vastly increased this ongoing make work project for lawyers.

The Supreme Court of Canada has once again stated the simple fact that everyone has known for many years - British Columbia First Nations have unextinguished title and rights issues and that this is a burden on Crown title. Yes, government and industry have tried to pretend that the issue was dealt with in the past and that it no longer mattered; but could never answer how the issue had been resolved.

Since the Calder case in 1973, there has been a clear legal history showing that the Crown in British Columbia must deal with First Nations in good faith. These cases are simply the latest ones on that line (and not the last).

So what has this latest decision added to the current situation? More uncertainty. The wording the Supreme Court uses adds little clarity to the previous decisions. The very fact that First Nations and the government can claim the decision as being a victory for them is proof enough on its own that the decision is not clear.

We have a dysfunctional status quo in British Columbia that will simply continue for the foreseeable future. Government does the minimal needed to meet their definition of the court decisions and First Nations will continue to be frustrated at their lack of real input and control over lands. Industry is left as the meat in this dispute sandwich.

First Nations have had their knuckles rapped in this decision - the court has made it clear that they must participate in a consultative process the government creates. The court seems to have been clear that if the government creates a meaningful process that non-participation is not a way to stop a process.

The decision also managed to avoid any mention of compensation for infringing the aboriginal rights but did say that the provincial government could infringe the title and rights. Accommodation of rights remains without any useful definition.

First Nations must also keep in mind that the courts left with government the decision if there is a potential of rights - all First Nations can do if the government acts as it has done in the past is to sue in the courts. The First Nations have gained some power over lands through the need for meaningful consultation but that is tempered with the ability of government to hold the power the over decisions as First Nations do not have any formal way to stop any project.

The government will hopefully look at its own internal processes and see that many of the land based ministries are still operating in manners that are not in accord with these, and other, decisions. While the Ministry of Sustainable Resource Management and the Ministry of Forests can be lauded for their attempt to consult in a meaningful manner, the other ministries are doing a woefully inadequate job.

It is interesting to see that the win by government in the Taku case relates to the environmental assessment process. Several senior people within the environmental assessment office spent a long time developing a process for the Redfern sponsored project, which has now been deemed to be meaningful consultation.

The problem is, with the change of government, it is unclear if the environmental assessment office still has the mandate to do this type of consultation. Certainly the corporate expertise has been lost as several key figures are now retired.

The government has to work very quickly to codify best practices in consultation and then have someone ensure that land based ministries actually do this consultation work. At a minimum, the government is going to have to hire dozens of new staff to run consultation processes; if the staff is not there, land based decisions of the government are going to be bogged down in a quagmire. Timely decision-making will disappear.

Industry is the big loser here. Industry must trust that the government will proactively ensure proper consultation is done: there is no formal role for a project proponent in consultation discussions with First Nations. Industry has to trust that civil servants in Victoria are capable and able to understand their needs and act in a manner that allows them to operate.

In some ministries, government is doing a good job and working well, but in other land based ministries, the government's consultative process has been awful. There are major time bombs left out there by certain ministries that could very likely explode and cost business in British Columbia hundreds of millions of dollars.

Industry has to push the government to consult meaningfully and quickly. In many cases the resource industries have been ahead of the provincial government in relationships with First Nations, there is a danger that these cases will harm this new interaction. Industry must also put government on notice that any failure in consultation must bring financial compensation to industry.

So who benefits from this decision? The lawyers. There are so many areas of ambiguity and such a divergent view of the meanings of these cases that British Columbia and some First Nation will be in the courts on the basis of these decisions before the end of this year.

What do we need now?

Clear Consultation Guidelines

First of all some clear guidelines on the scope and scale of what type of consultation is needed, at what point this consultation has to happen and what are reasonable accommodations of title and rights in the case of infringement. There needs to be a clear test that line ministry staff can apply. The guidelines need to specify if this is a situation in which there is a need for aboriginal consent or not. Without this clarity the process will simply end up back in court.

After major decisions, government often revamps their policy on aboriginal consultation, but never with any input from First Nations and low and behold the First Nations feel disrespected and ignored. These guidelines must be designed with the support of the First Nations of British Columbia and be made part of the regulatory framework as it relates to all activities on Crown land.

Alternative Dispute Resolution

There needs to be a quick and inexpensive way to adjudicate the disputes in the future. We can not afford to have First Nations and government tie land and resources up in courts and waste large sums of their money on more lawyers. We have more than enough mechanisms out there to settle disputes at a fraction of the cost of lawsuits. First Nations need to know that there is an impartial third party tribunal that make and enforce decisions when they feel their rights have been run over roughshod by the government.

The Crown and the leadership of the British Columbia First Nations (groups such as the Assembly of First Nations-British Columbia Region Region, the First Nations Summit, and the Union of British Columbia Indian Chiefs) should set a priority to negotiate a real and independent dispute resolution process as quickly as possible.

Support for Industry - First Nation cooperation

The government has often benignly neglected relationships being built between First Nations and industry. These relationships often run into trouble because of issues that neither party can address; many of these issues are provincial policy. BC needs to support these relationships by insuring that government policy is not getting in the way of constructive relationship building.

Following the Liberal's Surrey-Panorama Ridge by-election defeat, Transportation Minister Kevin Falcon blamed that loss on a lack of support for the government among Indo-Canadians. Not surprisingly, rumour has it there are plans to boost support by handing out provincial appointments to a number of prominent community members. Names on that list are said to include Peterson Stark Scott lawyer Palbinder Shergill, who currently sits on the Fraser Health Authority's board of directors. But when we questioned Ms. Shergill about whether the Liberals had asked her to accept an additional appointment she said "Unfortunately, I have no comment." Sukh Badh, the owner of Radio Punjab, is also rumoured to be up for an appointment. But, in an interview yesterday, Mr. Badh denied he would be accepting any government largess.

Not many politicos would want to be in David Basi's shoes. He's the ministerial assistant who was fired for allegedly passing confidential government information to lobbyist Erik Bornman. But insiders say at least three provincial Liberals are aspiring to take on Mr. Basi's job as the party's principle Indo-Canadian go-to-man, including Vancouver-Fraserview backbencher Ken Johnston's constituency assistant Barinder Sall. But before he moves into that position, Mr. Sall (who has also been spotted doing similar organizational work for the federal Conservatives) might want to practice his diplomatic skills.

In an email sent to Vancouver Sun columnist Vaughn Palmer, Mr. Sall took issue with reports that the Liberals have ignored the concerns of Indo-Canadians. According to the would-be ethnic boss, "I think there is a generation clash here between the older and younger indo-Canadians (sic). As these older guys want to be recognized, want fame, and I think maybe a sovereign society...lol...while the younger guys rather operate discretely, spend time golfing and enjoy life with their families." Hmmm...one wonders how the old guys will feel about that, not to mention Indo-Canadian women? The following is an edited copy of that email and others which were leaked to Public Eye. We have been unable to reach Mr. Sall for comment.

***

November 8, 2004 Dear Jim Beatty & Vaughn Palmer,

Please see my personal comments attached in response to your story. I ask that you give my comments consideration and publish them.

Re: "our ethnic communities"

I had a chance to read your article in the Monday edition of the Vancouver SUN. I would say I have issue with some of the comments published. I too attended the BC Liberal Convention, and was impressed with a good turnout of the 'young professional' Indo-Canadians, which your story failed to provide. As one of these 'young professional' Indo-Canadians, my friends and I are not interested in any type of special treatment, but a better economy, better health care, and an improved education system--which the BC
Liberal government has delivered on.

Being a part of the BC Liberals, I have had the opportunity to meet many people from "our ethnic communities" at various events that I have attended. What I know for a fact is that the BC Liberal MLAs and Ministers have been accessible to anyone with a concern. They have set up numerous community meetings in their offices; constantly attend various community functions, and organized forums at local community centres.

I know I cannot read a person's mind and doubt the MLAs can, so I would urge anyone if they have a provincial problem, contact your local MLA, as I know their doors are open to help conjure a solution.

Thanks,

Barinder Sall
Assistant to the MLA for Vancouver-Fraserview

-------------------------------------------------------

Barinder:

Thank you for taking the time to write. I appreciate your comments but they
conflict with what a large number of other people were saying at the convention, including the premier and several MLAs. Your experience also conflicts with the message from the Surrey byelection in which Indo-Canadian voters, in large measure, abandoned the Liberals. If there is evidence that Indo-Canadians, Chinese-Canadians and other ethnic voters are returning to the Liberal fold, I would be happy to report that. I have forwarded your letter to the Sun's letters editor. Thank you again for your comments. Write anytime.

Jim Beatty, Vancouver Sun,
c/o The Press Gallery,
Parliament Buildings,
Victoria, B.C.,
V8V 1X4

-----------------------------------------------------------

From: Vaughn Palmer
To: BARINDER SALL
Date: Tue, 09 Nov 2004 12:02:13 -0800

barinder:

thank you for the note and comments. I've spoken to a number of representatives of the indo-Canadian community - including several who spoke to me at the convention - who'd disagree with your assessment. but i do appreciate hearing your side as well.

Vaughn Palmer
Vancouver Sun Victoria Columnist

-----------------------------------------------------------

Hi Vaughn,

Thanks for your return email, but for Vancouver-Fraserview we had 25 Indo-Canadian delegates, they were all mid 20s-early 30s and when these guys met the Premier, they said "we don't care about board appointments, we just want a good economy for our businesses, a good health care system for our families." I think there is a generation clash here between the older and younger indo-Canadians. As these older guys want to be recognized, want fame, and I think maybe a sovereign society...lol...while the younger guys rather operate discretely, spend time golfing and enjoy life with their families.

Vaughn the funny part is the people doing the negative talking are the same people talking when Herb Dhaliwal was in office - he wasn't doing enough for the community, and Ujjal Dosanjh as Premier - he wasn't doing enough for the community. Give it some time and you will hear the same about Paul Martin

I will give you an example, when our 'community leaders' meet the Premier they say what you doing for the Indo Community? What I say is give us some ideas what you want us to do, and not one person has an idea to go with. We have some great organizations such as Virsa, and United, the reason they are doing well is because its young people at the helm, looking to make a positive change with solutions.

Thanks,

Barinder Sall

Children and Family Development Minister Stan Hagen has been diagnosed with prostate cancer. He will be having an operation at the end of November and recuperating in December. An insider says Minister Hagen will not be resigning his portfolio. He will be making an official announcement with Premier Gordon Campbell at 4:30. CKNW is also broadcasting at this hour a similar report. Earlier, Public Eye reported Minister Hagen would be making a major personal announcement today.

Children and Family Development Minister Stan Hagen will be making a major personal announcement shortly, insiders say. Minister Hagen was appointed to his current portfolio at the end of September. Previously, he had served as minister of sustainable resource management and human resources. He also held a variety of cabinet positions within the Social Credit government.

Today, a new communications director washed up on the shores of the desert island known as British Columbia's public affairs bureau. So everyone give a big Public Eye welcome to Kirk Smith, who has been put in charge of spinning the solicitor general's messaging. Mr. Smith, who held a similar job with the Ontario government, was chairman of the Fur Institute of Canada's public information committee during the eighties.

He was also an acting assistant deputy minister with cabinet office communications, the agency providing strategic communications leadership for the Ontario government. And for those of you interested in a bit of trivia, the former Ottawa Citizen feature writer gave us this ancedote: his father, Dr. H. Ward Smith, headed the eastern province's centre of forensic sciences and was responsible for making breathalizer evidence legally admissible in court.

This morning, the Canadian Broadcasting Corp. reported on Radio One, "there is controversy brewing over who will represent the NDP in North Delta during the next provincial election. A municipal councillor won a nomination meeting held by the local constituency association this week. But the party's provincial executive says the results of that election are void." Public Eye broke that story last Wednesday.

On Friday, the provincial New Democrat's Gucci socialists will be paying $99 to attend the Vancouver Lonsdale and Seymour constituency associations' first annual Carole Cruise with party leader Carole James. That cruise is being held aboard MV Britannia, which will be renamed the Carole Ship for the duration of the event. The price of admission includes a buffet dinner featuring everything from smoked oyster toasts with roasted red peppers to garden fresh vegetable crudites. But that's not all. According to the event's promotional brochure, "comedic singers will be on hand to sing satirical songs about Gordon Campbell and his minions. Auction items will include a Gordon Campbell dartboard - not available for sale anywhere else" with the proceeds going to "help the North Shore NDP build their war chest with the goal of electing a NDP MLA in Lonsdale." Hmmm...things seem to be getting personal. The following is a copy of that brochure.

Come Join Carole On Friday, November 26, for an evening of fun and festivities aboard the MV Britannia

The North Vancouver Lonsdale and Seymour Constituency Associations proudly present the First Annual Carole Cruise. This fundraiser will help the North Shore NDP build their war chest with the goal of electing a NDP MLA in Lonsdale. The event will include: a great dinner buffet, socializing with NDP'ers from around the lower mainland, spending time with Carole, listening to live jazz, and having some fun at the Liberals expense.

Do your Christmas shopping early, by buying some fantastic items at the silent and live auctions. Tickets are $99 and include a $49 tax receipt. For reserve tickets, please use the handy form in this brochure.

Carole Cruise

A fantastic opportunity to talk with Carole and mingle with New Democrats from around Vancouver. In the spirit of the Christmas season, we are going on a Carol Ship - not just any Carol Ship - we're going to be on THE Carole Ship. As we listen to live jazz and eat from a varied buffet menu, we can discuss the joys of the season - specifically getting ready to elect a NDP government in May 2005. This will also be a wonderful opportunity to celebrate the outcome of the Surrey-Panorama Ridge By-Election. Comedic singers will be on hand to sing satirical songs about Gordon Campbell and his minions. Auction items will include a Gordon Campbell dartboard - not available for sale anywhere else. So come on board and get ready for the best NDP Party of the year - the 2004 Carole Cruise!

Event Details

Friday, November 26th, 2004
Boarding begins at 6:30.

The yacht departs at 7 pm sharp and returns at 10 pm. Arrive early so you don't miss the boat.

Location: #1 Denman Street next to Stanley Park at Coal Harbour (north end of Denman).
Parking: $6 for the evening, either by coin or credit card.
Auction: Art, trips, and a variety of exciting items, including a Gordon Campbell dart board, will be auctioned off, so please remember your cheque book.

Menu

Tomato & Bocconcini Canapes
Smoked BC Salmon Canapes
Curried Vegetable Vol au Vents
Smoked Oyster Toasts with Roasted Red Pepper
Puff Pastry Twists w/ Nori & Sesame
Garden Fresh Vegetable Crudités (served with a variety of house-made dips)
Sun-Dried Tomato Tapanade with Imported Olives
Hot Turkey Breast w/Bun (carved at the buffet / served with stuffing &
cranberry sauce)
Spanikopita Platters with Tzatziki Dip & Sliced Red Onion
California Salad with House-Made Croutons
Crispy Greek Salad with Feta Cheese & Olives
Penne Pasta with Chicken in a Tomato & Basil Sauce
Assorted French Pastries (rum balls / cream horns / chocolate eclairs / choux pastry buns / sponge gateaux)
Cranberry Cheesecake
Freshly Brewed Coffee & Tea

Our unofficial and intrepid provincial New Democrat nomination correspondent Adam Tondowsky reports the founding president of the Canadian Farmworkers Union, Raj Chouhan, will be representing the party in Burnaby-Edmunds during the upcoming election. Mr. Chouhan currently works as the bargaining director for the Hospital Employees' Union. Public Eye has also learned Weldwood of Canada Ltd. manager Bob Simpson, an ex-provincial Liberal, has been elected the New Democrat candidate for Cariboo-North. According to insiders, his competitor, former caucus researcher Sarah Hilbert-West, received 93 votes to Mr. Simpson's 150 (with most of his support coming in the form of mail-in ballots from the southern end of the riding). The following is a copy of Mr. Simpson's campaign bio.

Who is Bob Simpson?

A Husband & Father

I have been married nineteen years to Trish Simpson, an elementary school teacher. We have 2 wonderful, academic, athletic and artistic children: Jonathan (14) and Jillian (12). We’ve lived in Quesnel for almost 20 years, and choose to continue to live here despite many opportunities over the years to move away.

An Immigrant

I was born in Glasgow, Scotland where I grew up in the post-war slums before being moved to a new government housing scheme. My parents, both uneducated labourers, worked very hard to bring us to Canada and to create a new life in this great country for me and my four brothers. We originally immigrated to Winnipeg, Manitoba but my family made their way West after a visit to BC when I was stationed at CFB Esquimalt in Victoria during my time in the Navy.

A World Traveler

I spent two years in the Canadian Navy, traveling to Japan and up and down the Western Coast from Alaska to Mexico. Subsequent to this I traveled extensively throughout Canada, the US and Europe. I’ve lived for extended periods in Glasgow, Chicago, Vienna, Cairo, Khartoum (Sudan) and Brussels. In the late 1970’s, I took food, clothing and literature to political and religious dissidents throughout Eastern Europe when it was behind the "Iron Curtain" and did literacy work in Sudan during the onset of the civil war that has since devastated that nation. During this same period I took supplies into the political refugee camps in Vienna and the Ethiopian refugee camps in southern Sudan.

An Educator

After graduating from the University of Victoria with a B.A (History) and a B.Sc. (Biology), I completed my Professional Teaching Certificate and came to Quesnel to teach at Quesnel Secondary. During my seven years at this school I was Science Department Head, coached basketball, initiated and sponsored the Environment Club, and created a number of new programs which engaged students more directly in their own learning.

A Writer

For a number of years I wrote an environmental column for the Cariboo Observer and freelanced for a variety of magazines. For a time I was a feature writer and Associate Editor for a national environmental magazine called "Earthkeeper," for which I covered the Rio Earth Summit and the first few Globe Conferences in Vancouver. I also researched and drafted the BC Roundtable on Environment and Economy’s “Education for Sustainability” discussion paper.

An Entrepreneur

After leaving teaching, I started my own consulting business, primarily working in the areas of community and human resource development. During this time I did the initial research for a community forest in Quesnel, facilitated the announcement of the Cariboo-Chilcotin CORE Report, and initiated the recycling program in Quesnel. I also ran a Small Business training program for EI recipients. My final contract as a consultant was to research, start-up and manage the North Cariboo Community Skills Centre, the most successful of these centres in the province. While I was consulting, I also started up a retail store called "Fundamentals" which sold high end toys, games and puzzles along with teaching aids and supplies. I also owned J & J Shoes with two partners.

A Volunteer

For the past few years my work travel schedule has precluded me from committing to community-based groups and activities. Prior to this however, I was involved in many provincial and local initiatives, including: the Fraser Basin Management Board, the BC Round Table on the Environment and the Economy, the Chamber of Commerce, the Downtown Business Association, Rotary, the City of Quesnel’s Environmental Committee, and the Quesnel & District Economic Development Commission. I am currently a member of the Quesnel 2020 steering committee and active on the QSS Parent Advisory Council.
I have also organized many sports events (such as the Dragonman Triathlon) and have coached basketball, soccer and cycling (including taking a team to the BC Summer Games). For the past three years, my entire family has committed December to February to the Kersley Musical Theatre and we’ve sung, danced and acted together with the other talented folks in that organization.

An Athlete

I was named the 2002 Male Triathlete of the Year for British Columbia after winning my age group at the National Championships in Edmonton and the Provincial Championships in Penticton. In 2002, I placed 5th at the Triathlon World Championships in Cancun, Mexico. I am also an Ironman, competitive mountain bike racer, and was Interior Tae Kwon Do Sparring Champion (Intermediate Division).

A Hard Worker

I've worked hard all my life. I left home at age 16 and had to work my way through University. As a youth, I worked as a labourer in the mining industry, a meat packing plant, a mobile home manufacturing plant, and a plywood plant. I also tree planted in Northern Alberta and BC.

For the past eight years, I've worked for Weldwood of Canada. I started with Weldwood Quesnel during the start-up of the new lumber mill and have gradually been advanced to my current position as Manager (Corporate) Organizational Effectiveness and Leadership Development. I support change processes throughout our operations in BC and Alberta, and coach management teams on how to have a more participative workplace.

Last night, renegade provincial New Democrats in Delta North ignored orders to cancel their nomination meeting and choose local councillor Guy Gentner as their election candidate, says party spokesman Scott Perchall. The provincial executive issued that cancellation order when Mr. Gentner's competitor Sukhinder Sandhu, a cabbie, filed a complaint about the fairness of the nomination process. Yesterday, Public Eye reported party headquarters wouldn't be accepting the results of the meeting. No word yet on how many people attended or whether a solution to the impasse has been found. Public Eye has been unable to independently confirm Mr. Gentner's nomination with constituency association president Ernie Fulton.

Provincial New Democrat leader Carole James won't be having a Sister Souljah moment at the British Columbia Federation of Labour convention, scheduled to start next Monday (November 29). But she won't be cuddling up to the union movement either. According to well-placed insiders, Ms. James will be delivering a speech stressing the need to put an end to polarized politics in this province. It will be similar to the one she gave to the Coalition of British Columbia Businesses in July. During that speech, Ms. James told the audience that meeting with, and listening to, business leaders was "a top priority." She also said she wanted "the NDP and the business community to work in partnership."

Bonnie Irving, who has edited BC Business Magazine since 1985, has been permanently replaced by assistant editor Noel Hulsman. Ms. Irving announced to staff she was resigning last week. But, according to our spies, Ms. Irving was nudged out due to personality conflicts with senior management at Canada Wide Magazines and Communications Ltd.

Today, the Canadian Broadcasting Corp. is reporting the provincial government's best place to work advertising campaign has cost taxpayers $973,425. That amount does not include monies spent on ads promoting British Columbia as the best place to learn, live and invest. But what's even more interesting is that the agency responsible for the campaign's creative and development work was TBWA\Vancouver. For those of you who don't know, TBWA is better known as Bryant, Fulton and Shee Advertising Inc. - the firm responsible for marketing the Liberals during the last election. Province columnist Michael Smyth also revealed Bryant, Fulton and Shee as being the creative mind behind the government's so-called fact-based healthcare and pharmacare advertising campaigns. And it was the ad agency for the Vancouver 2010 Bid Corp.

Public Eye has obtained a copy of a letter notifying Delta North provincial New Democrats that their nomination meeting (scheduled for tonight) will still be held - despite party executive orders to cancel the event. The letter, which appears to have been written by constituency association president Ernie Fulton, accuses the executive of "violating the constitution in rescinding our nomination" and giving nomination candidate Sukhinder Sandhu "special treatment." Some Delta North New Democrats have also been told the constituency association is concerned that, if the meeting is delayed, it will give Mr. Sandhu the time he needs to make sure the insta-members he's signed up are eligibile to vote during the nomination process. The following is a copy of the letter.

The nomination meeting is not cancelled

To: Members of Delta North NDP
From: Ernie Fulton, president, Delta North NDP constituency association

At our regular constituency meeting on 2nd October 2004, the members discussed at length the decision of the provincial executive to rescind approval of our nomination meeting. The unanimous decision of the members present was that we would go ahead and have our meeting on the 17th as planned. The decision to defy the provincial executive was not taken lightly and was arrived at only after there had been an in-depth analysis of the problem. Article 9.07 of our BC NDP constitution states: "not withstanding the provisions of Article 16. Complaints arising from the conduct of nomination conventions for public office shall first be referred to the constituency executive concerned."

This was not done and it is our contention that the ruling by the provincial executive is invalid. They ruled on an issue they do not have authority to rule on until the constituency executive had heard the complaint and made a decision.

If the candidate had presented the complaint to the constituency executive, as he should have, five of the six complaints would have been resolved. The remaining one, he "was never invited or informed of any meetings" would need only few a facts to resolve. We had only two meetings. He was invited to and attend the first one. At that meeting, we told him when we would have the next one and invited him to it.

The provincial executive violated the constitution in rescinding our nomination meeting and in not requiring this candidate to follow the proper procedure for: filing his declaration to run, his seven day notice of meetings request, or the complaint process in Article 9.07. The provincial executive is giving him special treatment. Regardless of what the provincial office tells you, our nomination meeting is still on the 17th November 2004 at Lower Sunbury Park Hall, 10409 Dunlop, North Delta, 7:00 pm.

The provincial New Democrats will not be accepting the results of tonight's Delta North constituency association's nomination meeting. In an interview, Gerry Scott also explained the party executive had earlier approved Delta North's nomination date with the understanding that the association grow their membership and ensure a fair election process. But, when a complaint about that process was filed by candidate Sukhinder Sandhu, the executive cancelled that meeting.

Mr. Scott also said the association seemed reluctant to accept provincial policy that would expand their membership. But he declined to comment on constituency association president Ernie Fulton's specific concerns with Mr. Sandhu's membership sign-ups. He also declined to say whether he thought the Delta North New Democrat leadership was trying to make sure Mr. Sandhu's competitor, local councillor Guy Gentner, wins the nomination.

Public Eye has learned the provincial New Democrat's Delta North constituency association, at this hour, is ignoring an order from the party executive to cancel their nomination meeting, which is scheduled to be held this evening. The president of that association, Ernie Fulton, is also saying the executive improperly approved Sukhinder Sandhu, a taxi driver, as one of the riding's nomination candidates. And he seems to have concerns with the validity of some of Mr. Sandhu's membership sign-ups.

According to an email written by Mr. Fulton and leaked to Public Eye, Mr. Sandhu filed a formal complaint with New Democrat provincial secretary Gerry Scott late last month. In that complaint, the cabbie stated he "had not been informed seven days in advance of the meeting at which (the constituency association) intended to set a date for (North Delta's) nomination meetings." On the basis of that complaint, it seems the party executive voted to cancel the nomination meeting.

But the riding's constituency association president claims Mr. Sandhu was informed - even though he may not even be an official candidate. According to Mr. Fulton, the executive approved the cabbie without Mr. Sandhu having filled the submitted the proper forms. And Mr. Sandhu's letter of intent, submitted to the constituency association, stated he was looking to run in "Pleasantville" not Delta North. Pleasantville is the name of the constituency association used on the party's sample letter of intent.

Mr. Fulton then goes onto point out party rules required Mr. Sandhu to address any complaints about the nomination process to the association before going to the executive. As a result, he questions whether the executive has the authority to cancel the nomination meeting. And he asks that all these complaints be discussed at the next provincial council meeting.

Mr. Fulton also writes the constituency association is concerned Mr. Sandhu's supporters include "people he signed up all having only one address, a postal box in Delta. Also his nominators and himself. They seem to have all signed their papers the day before the membership list shows them as members."

The following is a complete copy of Mr. Fulton's emails, which were posted on the Sunrise listserv.

***

----- Original Message -----

From: "Arlene Todd"
To: "Alan Ward"
Sent: Sunday, November 14, 2004 8:00 PM
Subject: Delta North's right to hold nomination meeting on approved date

Alicia, as Provincial Council Delegate, please and your name and distribute to appropriate recipients.

-----

Ernie Fulton
President, Delta North NDP Constituency

Dear Ernie,

On learning of the situation facing your constituency with respect to your upcoming nomination meeting, which had been approved by the Provincial Executive, please accept our support and solidarity. It seems quite odd that a party perceiving itself as democratic, and thus bound by its own Constitution, should act arbitrarily and contravene the Articles of the NDP Constitution.

The Vancouver Kingsway Executive supports the executive of Delta North and your membership in seeking the respect that this constitution demands and that its officers must honour. Please allow us to assist by any means available to us.

Yours truly,
Arlene Schimmelpfennig
president, Vancouver Kingsway NDP

Alicia Barsallo
Provincial Council Delegate, Vancouver Kingsway NDP

----- Original Message -----
From: "Ernie Fulton"
Sent: Thursday, November 11, 2004 3:09 PM

To Provincial Council Executive,

Our Delta North NDP Constituency have a number of complaints concerning the actions of the Provincial Office and the Provincial Executive. At issue is the fact that one member has not been required to follow the rules and guidelines regarding provincial candidate nomination.

The candidate did not file any of the four pieces of the required candidate nomination package until the 2nd November 2004. However, he was approved as a candidate by the Provincial Executive on the 3rd August 2004. When he did present them to me on the 2nd November 2004 his letter of intent is addressed to the President of Pleasantville, (the sample letter), which is the constituency he says he wants to be a candidate in.

Fulfill the requirements under 7. Candidate Rights as stated on page 5 of the nomination package.

Address his complaints to our constituency association first, before having it dealt with by the Provincial Executive as required under article 9.07 of our Constitution

The Provincial Executive then passed a motion to cancel our nomination meeting that is scheduled for the 17th November 2004. The meeting has been approved for that date and the notices mailed out.We question where they have the authority at any time to cancel a meeting they have already approved, but especially when they did not give our Constituency association the opportunity to resolve the complaint, as is required in article 9.07 of our Constitution.

I would like the problems outlined above to be put on the agenda for discussion at the next provincial Council meeting in December so that our constituency can return to fighting the liberals instead of our Provincial Office and Provincial Executive.

I have enclosed some of the letters that have been going back and forth between Jeff Fox and I over the last few weeks starting with my latest one to him last night.

Sincerely,

Ernie Fulton
President
Delta North NDP
Constituency Association

-----

10 November, 2004

Jeff Fox, President
BC New Democratic Party
3110 Boundary, BCV5M 4A2

Dear President,

On the 5th November, 2004, I filed a formal complaint to you pointing out a specific violation of Article 1X of the BC NDP Constitution.This complaint did not contain the remedy sought as per article 16.04 of our Constitution so on the 9th November, 2004 I refiled the same complaint but this time with the remedy sought added.

Today I received an e-mail from you informing me of a provincial executive's decision which appears to involve my formal complaint to you filed on the 5th and 9th November, 2004. Article 16.05 of our Constitution requires explicit steps to be taken by you, before this complaint can be referred to the Provincial Executive.

So please advise me if you are going to abide by the BC NDP Constitution by taking the first step required, which is for you or persons appointed by you to meet with me and endeavour to achieve an amicable settlement as per article 16.05 of our Constitution.

If you believe I am wrong on any of my understanding of our constitution involving prospective candidate's requirement, how complaints are processed, what the provincial executive's mandate is or anything else you believe I am wrong in, please tell me. But, and this is a very big but, please show me where I am wrong by referring me to the appropriate clause in our Constitution.

Sincerely,

Ernie Fulton
President
Delta North NDP
Constituency Association

-----

From: "Fox, Jeff"
To: "Ernie Fulton"