This just in! The province is appointing a special prosecutor to investigate following Privacy Commissioner Elizabeth Denham's recent report to government. Great news, considering the awful state of our access to information laws in B.C.
UPDATE: And the special prosecutor resigns. See the second press release below.
When reporters file freedom of information (FOI) requests, they're often delayed getting back to us, most of the content is greyed out, and sometimes we're just told there are no records. There are a couple years worth of backlogged complaints. Let's hope this investigation improves things.
Here's the press release:
November 19, 2015 15-23
Appointment of Special Prosecutor
Victoria – The Criminal Justice Branch (CJB), Ministry of Justice, announced today that Greg DelBigio, QC has been appointed as a Special Prosecutor to provide legal advice to the R.C.M.P. in relation to an investigation arising out of Information and Privacy Commissioner Elizabeth Denham’s recent report to government.
As disclosed in the report, the Information and Privacy Commissioner referred information to the R.C.M.P. for investigative consideration. This information related to a request for access to records that was made of the Ministry of Transportation and Infrastructure, and the alleged conduct of an individual who was employed as a Ministerial Assistant at the time of the request.
On November 10, 2015, the Assistant Deputy Attorney General for the Criminal Justice Branch, M. Joyce DeWitt-Van Oosten, QC (the ADAG), received a formal request from the R.C.M.P. that she consider the appointment of a Special Prosecutor to provide police with legal advice during the course of their investigation.
The ADAG concluded, based on the request and the information available to her about the alleged circumstances of the case, that the appointment of a Special Prosecutor is in the public interest. Under the Crown Counsel Act, the ADAG will consider appointing a Special Prosecutor where some aspect of an investigation, or prosecution file, carries a significant potential for real or perceived improper influence in prosecutorial decision making. A Special Prosecutor works independent from government, the Ministry of Justice and the CJB.
On November 13, 2015 the ADAG appointed Mr. DelBigio as Special Prosecutor in the matter. He has been given a mandate by the ADAG to:
Offer such legal advice to the investigative agency as may be necessary in the circumstances;
Conduct an independent assessment of any Report to Crown Counsel (RTCC) that may be submitted and make the charging decision he deems appropriate in the exercise
November 19, 2015 15-24
Special Prosecutor Withdraws from Case
Victoria – On November 19, 2015, the Criminal Justice Branch (CJB), Ministry of Justice, announced that Greg DelBigio, QC was appointed as a Special Prosecutor to provide legal advice to the R.C.M.P. in relation to an investigation arising out of Information and Privacy Commissioner Elizabeth Denham’s recent report to government.
This appointment was made by M. Joyce DeWitt-Van Oosten, Q.C., who is the Assistant Deputy Attorney General for the Criminal Justice Branch. Ms. DeWitt-Van Oosten is the only person with authority under the Crown Counsel Act to appoint a Special Prosecutor, and she does so independent of any consultation with, or the approval of government.
As part of the appointment process both the Criminal Justice Branch, and the individuals under consideration for appointment, appreciate the importance of ensuring that Special Prosecutors be, and appear to be, free from the control or influence of government.
After the CJB released its Media Statement on November 19, questions were publicly raised about the fact that Mr. DelBigio is presently acting as defence counsel in a separate case which is being managed by a Special Prosecutor, involving allegations of offences said to have been committed under the provincial Election Act by someone who was an employee of the BC Liberal Party at the material time.
Neither Mr. DelBigio, nor the Criminal Justice Branch, considers this situation as one that gives rise to any real or apparent conflict of interest. However, out of an abundance of caution and in recognition of the importance of safeguarding the perceived and actual integrity of the investigation and prosecution process, Mr. DelBigio has decided to withdraw from his appointment as Special Prosecutor. He has determined, out of respect for the importance of maintaining public confidence in theadministration of justice, that even a risk of a perception of potential conflict must be avoided.
Mr. DelBigio made this decision following consultation with the Assistant Deputy
Attorney General, who will now take steps to appoint a new Special Prosecutor as soon as reasonably practicable. When that appointment has been made, the Criminal Justice Branch will make a public announcement.
The Branch would like to thank Mr. DelBigio for his professionalism.
