Public Eye Online

Logic paths

2010-02-08T20:23:54Z

Pivot Legal Society LLP is taking a "perfect logical next step" on the path toward establishing that government is "responsible for ensuring there is adequate shelter" for its citizens. That's the opinion of Catherine Boies-Parker, one of the lawyers who succeeded in striking down the City of Victoria's anti-camping bylaw. Earlier, we were the first to tell you Pivot had launched a lawsuit asking for a declaration that the homeless have a right to emergency shelter and the government has a duty to provide it.

That lawsuit comes in the wake of the Adams case, in which the British Columbia Supreme Court found the City of Victoria violated the Charter of Rights and Freedoms by introducing a bylaw that denied the homeless the right to "erect temporary overnight shelter in parks when the number of homeless people exceeds the number of available shelter beds."

But that court and the British Columbia Court of Appeal - which upheld the ruling - said it wasn't necessary to determine if section seven of the charter included a responsibility by the city to provide shelter.

So Pivot's action is likely an attempt to push the boundaries of those decisions - an assessment shared by Ms. Boies-Parker.

Speaking with Public Eye, Ms. Boise-Parker said, "We're obviously of the opinion that the courts have left it open that section seven includes positive rights to basic necessities."

"They haven't decided a case on that basis yet," she continued. "But they've made it really clear that it's open to future cases to hold that. And, in the court of appeal decision in the Adams case, the court held the right to shelter is a basic right.

"So it's a perfectly logical next step to say the government is responsible to ensuring there is adequate shelter and may be responsible for the implications if there's not."

A princely presence

2010-02-08T17:00:55Z

"The dark prince of the Social Credit party" - that's how Keith Baldrey described Bud Smith in a 1991 story published in Vancouver Sun, adding the former attorney general "has developed a reputation over the years as a first-rate political organizer, who understands political trends and strategies." So the Royal British Columbia Museum's foes might want to take note of the Campbell administration's January 26, 2010 decision to appoint Mr. Smith to the institution's board of directors.

Fire in his eyes

2010-02-08T15:52:00Z

Pat Bell believes British Columbians could be looking at another summer of bad wildfires. The forests and range minister made that statement on Friday, following the release of a Forest Practices Board report that warned "what may seem like an extraordinary fire season in the past may become the new norm as the consequences of climate change accumulate."

But it seems, from the minister's vantage point, the conditions for such a season may already developing. "I'm very concerned," he told Public Eye. "It is very dry. I'm in Prince George right now. I can tell you there isn't probably a foot of snow on my yard and normally, at this time of year, there'd be three or four feet of snow," he stated.

"It's been an abnormally dry winter so far. There is two months left to go - a good two months and a bit of winter. So hopefully there is still is an opportunity for more precipitation. But, yes, it could potentially be another bad fire season if it continues this way."

Five months ago, the government's was planning to set aside $52 million to fight those fires - considerably less than the over $400 million it spent in fiscal 2009/10. The minister couldn't say whether that plan would change in the government's upcoming budget. But even if that doesn't happen, the Prince George North MLA said he'll still have the authority to exceed that cap.

As for the practice board's suggestion that more funding is needed to sustain local wildfire protection programs in the long-term, the minister stated "our fiscal situation is not favourable right now...But perhaps there's an opportunity work with some of our other partners - our federal partners and others - to try to find additional funding."

In the meantime, the minister said he'll be working with his cabinet colleagues to "ensure we're not building communities that are susceptible to wildfires" - another recommendation included in the board's report. And, in the next few weeks, he expects to be briefed on his ministry's review of the 2009 fire season.

A burning hole in the budget?

2010-02-07T20:01:07Z

Sean Holman

On Thursday, the Forest Practices Board warned catastrophic wildfires may now be the norm for British Columbia. But, if that happens, those fires won't just threaten homes and businesses. They'll also threaten the government's bottom-line.

Let me explain: catastrophic wildfires of the kind we saw in the 2009 could cost the province more than $400 million. But, unless its budget plans change, the province will only be setting aside $52 million to fight such fires in the coming fiscal year.

The government could deal with part of that shortfall by dipping into its $300 million contingency fund. But that still leaves almost $60 million unaccounted for. So where will that money come from?

I don't know the answer to that question. But I can tell you this: I'd like one before British Columbia begins burning.

In their court

2010-02-07T06:54:36Z

Sunday morning, on Public Eye Radio, we'll speak with Joel Miligram about his effort to bring court appointed court appointed special advocates for children to British Columbia. The Times Colonist's Lindsay Kines and Rob Shaw discuss their investigation into public access to court records. And our rabble-rousing panel - Don Anderson, Eleanor Gregory, Bill Tieleman and Bob Russell - debate the week that was in provincial and federal politics. You can listen to Public Eye Radio outside of Victoria by logging into CFAX 1070 between 8:00 and 10:00. If you have a question for one of our guests, you can email us or leave a comment below.

Weekly Wrap Up - February 5, 2010

2010-02-05T16:27:50Z

This week, Public Eye exclusively revealed:

* the provincial government paid for the premier's outgoing deputy minister Jessica McDonald to be trained in Ontario as a corporate director - sending her to attend around seven days worth of courses at a cost of more than $10,000;

* Prime Minister Stephen Harper will be addressing the provincial legislature next week;

* the coroner's report on the passing of homeless man Darrell Mickasko, who burned to death while trying to keep warm on the streets of Vancouver. His death subsequently inspired the city's future mayor Gregor Robertson run for local office;

* Pivot Legal Society LLP is suing Ottawa on behalf of Mr. Mickasko's common law partner, seeking a declaration that the homeless have a right to emergency shelter and the government has a duty to provide it;

* federal Liberal parliamentarians who have been unable to secure accommodation for the 2010 Winter Olympic Games may be forced to bunk with party supporters; and

* the harmonized sales tax could increase costs for social service agencies;

So, if you aren't already a supporter, please consider making a confidential $10 monthly contribution by clicking on the bar below. You'll be helping sustain our investigative work, digging up the news that matters to you. And, as a token of our appreciation, you'll receive a subscription to our monthly email newsletter - the Brown Envelope - where we'll give you the story behind the stories we've been working on. (Please note, federal tax laws require us to include the goods and services tax as part of your contribution. You can stop supporting Public Eye at any time by following this link.)

Invitation only

2010-02-05T00:58:16Z

On Tuesday, we told you Prime Minister Stephen Harper was scheduled to address the provincial legislature next week. The Vancouver Sun's Vaughn Palmer reported additional details yesterday, writing that speech would take place Thursday and "was not by invitation from the provincial government. Rather it was Ottawa's idea." When contrasted with the Harper administration's recent decision to prorogue parliament, that news became a source of controversy. So the prime minister's office needed to say something. And this is what is said: Premier Gordon Campbell has invited Mr. Harper to speak to the legislature. But no decision has yet been made as to whether that offer will be accepted. This, according to Canwest News Service's David Akin. Fancy that!

Coroner's report reveals details of Mickasko's death

2010-02-04T22:53:07Z

British Columbia's coroners service may have declined to conduct an inquiry into the passing homeless man Darrell Mickasko, who burned to death while trying to keep warm on the streets of Vancouver. But, on April 14, 2009, the service did file a report on that death, which is now the subject of a lawsuit launched by Pivot Legal Society LLP on behalf of his common law partner Pamela Erickson. It makes for harrowing reading.

According to the report, which was obtained by Public Eye and hitherto uncovered by the media, at the time of his death Mr. Mickasko, 47, had been homeless for many months, living off social assistance payments.

From time to time, he and Ms. Erickson briefly stayed in homeless shelters. But it wasn't their preference because "shelter rules restricted their sleeping accommodations and afforded little, if any, privacy."

His physician and probation officer said Mr. Mickasko - who had a history of illicit drug use - also declined their offers to help him establish a permanent residence.

Instead, he and Ms. Erickson lived in "an alcove in a public alleyway, using a dumpster and makeshift plywood door for privacy and sleeping bags and a gas-powered camping stove for warmth."

And that's where he died, in the early morning hours of January 31, 2008.

Ms. Erickson's writ alleges they were there because the two of them had been turned away from the Lookout North emergency shelter because there was no room.

While in the alcove, the coroner's report states Mr. Mickasko "attempted to fill their stove with gas while it was already lit."

"The gas ignited and quick spread to their sleeping bags and belongings," the report continues. "Mr. Mickasko was unable to get the plywood door open quickly and the two became engulfed in flames."

He and Ms. Erickson were subsequently transported to Vancouver Hospital, where Mr. Mickasko died from severe burns to 95 percent of his body.

Cocaine and methadone levels "consistent with intoxication" were detected Mr. Mickasko's body at the time of his death.

The coroners report states this intoxication is "considered to have contributed to the cause of the fire and is therefore an underlying contributor to death."

Ms. Eickson's writ of summons claims the federal government breached its duty of care and Mr. Mickasko by allegedly failing to ensure there was emergency shelter space available for both them.

Ms. Erickson further claims that, by failing to ensure such shelter, the government violated their constitutional rights under sections seven and 12 of the Charter of Rights and Freedoms - specifically the right to life, liberty and security of person, as well as the right not to be subject to cruel and unusual treatment.

As a result, Ms. Erickson - who suffered burns to 30 percent of her body - is looking for damages from the government for her injuries and Mr. Mickasko's death, as well as a declaration that the homeless have a right to emergency shelter and the government has a duty to provide it.

What the federal arm and provincial arm are doing

2010-02-04T21:04:08Z

Yesterday, federal New Democrat MP Denise Savoie questioned Stephen Harper's plan to appear before the provincial legislature, stating, "I guess I would prefer it if he were speaking to the members of parliament in Ottawa rather than addressing the provincial legislature." But how do the provincial New Democrats feel about the prime minister coming to the Rockpile? Asked about the matter, Opposition House Leader Mike Farnworth said, "First off, we haven't heard anything even remotely official about the prime minister addressing the legislature. And second, you can't just come in and address the legislature. You can't do that. No one can. The only people who can speak in the house are the 85 members who are elected there and the lieutenant governor...So in order to speak you'd need to have the approval of the members of the house." So would the New Democrats give that approval?

Speaking only for himself, Mr. Farnworth said, "If - and this is purely speculative - if there is a request for the prime minister to address the house I would say, 'Yes. Absolutely. He's the prime minister of the country.' That would be what I would say. But, having said that, I can tell you no one's asked us. It's just all rumours flying around."

It's a date!

2010-02-04T17:21:54Z

The Vancouver Sun's Vaughn Palmer has named the date on which Prime Minister Stephen Harper will address British Columbia's legislature. Public Eye was the first to tell you about that speech, which is scheduled to take place next week. But would it happen Wednesday or Thursday? We couldn't say for sure, with both days having been mentioned as possibilities. But Thursday it is, reports Mr. Palmer.

More Olympic events

2010-02-04T16:43:53Z

As we earlier reported, some federal Liberal parliamentarians may be be bunking with supporters after allegedly being unable to secure accommodations for the 2010 Winter Olympics. But others will be attending VIP fundraisers. Party members have been invited to a $500 per ticket reception for party leader Michael Ignatieff at the Opus Hotel. The following is a complete copy of the invite to that event, which is scheduled to take place on February 11.

From: Liberal Party of Canada
Sent: Wed Feb 03 14:03:06 2010
Subject: Vancouver reception with Michael Ignatieff

Dear,

The Liberal Party of Canada is pleased to announce a reception of Olympic proportions featuring Liberal Leader Michael Ignatieff, to be held in Vancouver on Thursday, February 11th.

Details:

Reception for Michael Ignatieff
Thursday, February 11th, 2010
5:00 pm - 7:00 pm
OPUS BAR - OPUS Hotel Vancouver
350 Davie Street
Vancouver, British Columbia
VIP Reception Ticket $500

Light refreshments will be served

To RSVP for this special event, please download the form and follow the outlined instructions. For additional information, please email Diane Rabbani at diane.rabbani@lpcbc.com.

Space is limited for this event.

Harper strikes a bad note with Savoie

2010-02-04T01:01:21Z

Yesterday, we were the first to tell you Stephen Harper is scheduled to address the British Columbia legislature next week. Upon hearing that news, Victoria MP Denise Savoie, a New Democrat, said, "I'm assuming it's a pre-Olympic formality. But I guess I would prefer it if he were speaking to the members of parliament in Ottawa rather than addressing the provincial legislature" - a reference to the prime minister's decision to prorogue parliament. In fact, Ms. Savoie found it surprising Mr. Harper "prefers to speak to a provincial legislature over the parliament he supposedly leads" because of the prime minister's tendency to steer his government clear of issues that are outside of the federal jurisdiction.

Inquest inquiry

2010-02-03T23:37:46Z

As we first told you Monday, the death of homeless man Darrell Mickasko has now resulted in legal action being brought against the federal government by his common law partner Pamela Erickson. But before that happened, Pivot Legal Society LLP - which is representing Ms. Erickson - called for a coroner's inquest into Mr. Mickasko's death. So what ever happened to that request, which was made by then-Pivot lawyer David Eby? Well, in an interview with Public Eye, Jeff Dolan, executive director of regional operations for the province's coroners service, said his office's inquest review committee "determined the facts and circumstances could accurately be reported out in a coroner's report. So a public inquest wasn't required." Pivot was notified of that decision in a letter on October 15, 2008.

Plant seedlings

2010-02-03T23:08:12Z

As most of you know, the premier's former deputy minister Jessica McDonald is now working as the executive vice-president of western and international development at HB Global Advisors Corp. - the consulting arm of international law firm Heenan Blaikie LLP. But she's not the only former member of the Campbell administration associated with that law firm. Most recognizable is former attorney Geoff Plant, who was the media contact on the news release announcing Ms. McDonald's appointment. But Suromitra Sanatani, Partnerships British Columbia's former vice-president of corporate and government relations, is also a member of Heenan Blaikie, having joined the firm as a strategic counsel in 2008.

We told you so!

2010-02-03T21:53:54Z

The province's independent forest practices watchdog has released a report that backs up the results of a five-month-old Public Eye investigation into the state of wildfire protection in British Columbia. According to the report, "Years of very successful fire suppression, dry weather, insect infestations, and increased and uncoordinated development across the forested landscape have combined to create ideal conditions for catastrophic wildfires affecting tens of thousands of people." As a result, the Forest Practices Board has concluded dealing with that problem is a "matter of considerable urgency." But the board has identified a number of concerns that may be getting in the way - most of which will be familiar to Public Eye readers. Among them:

* some local governments believe it isn't their job to treat fire hazards on Crown land in and around their communities;

* the ongoing cost of fuel treatment projects - which involve the thinning or clearing of wooded areas that, if left alone, could increase the chances or severity of a forest fire - "may seem insurmountable" for governments without a large tax base;

* many local officials have been dealing with wildfire protection issues "off the side of their desk," with many of them lacking a "background in forest management;"

* despite a Union of British Columbia Municipalities legal opinion to the contrary, many communities are concerned they'll be liable if prepare a wildfire protection plan but don't implement it; and

* it can be difficult to "attract and maintain local government officials' interest in addressing interface hazard and risk" - as was the case in Fort St. John;

The report includes a number of recommendations directed at the Campbell administration - with the biggest ticket item being the need for more tax dollars to sustain wildfire protection projects over the long-term.

"The task at hand is huge - 685,000 hectares in BC are considered at high risk of an interface fire. To date, about 35,000 hectares have been treated," according to the board.

"Funding is still available under the joint provincial government-UBCM program, but more will be needed to address this problem on a provincial scale."