Located on the Web for you to review.Politics in the Supreme Court of British Columbia. ALCAN, Kitimat, and the theft of British Columbia’s rivers.
Part Two: Chief Justice Donald Brenner.
The question of whether a political role on behalf of the Gordon Campbell Liberals is being played by Donald Brenner, Chief Justice of the B.C. Supreme Court, is one of the most important questions in Canada today. The question is focused by Brenner’s decision in late March of 2007 on behalf of Alcan and the Gordon Campbell forces and against the Mayor and District of Kitimat in relation to the wealth-producing capacity of the Nechako River.
Alcan’s presentation to the Campbell clique of a design for the disposal of the Nechako River in 2002 became, in fact, the rivers policy of the Province: a policy of total giveaway of public ownership of the wealth-producing capacity and environmentally sound use of all B.C. rivers to private, for-profit, frequently foreign corporations.
The questions are explosive surrounding Justice Brenner’s role in the release of Alcan from all significant responsibilities to the people of British Columbia in the development of electrical power from the Nechako River owned by the people of the Province. For two reasons.
First, the Gordon Campbell clique – by secrecy, falsehood, stealth, and gag legislation – is selling all the river and other energy resource possessions of British Columbians. The outcome will be a “hollowed out” province where wealth haemorrhages out and British Columbians become increasingly driven into poverty and desperation.
Secondly, the role of the high court judges is key in every democratic society moving to forms of totalitarian corporate government. In that regard the high courts are the canaries in the coal mines. When the high courts are corrupted, it is proof the air of government and corporate life is poisonous – and ready to explode. Put simply, to destroy democratic freedoms, a malign combination of government and private corporations must enlist the support of the high courts. If the courts maintain their integrity, they can frustrate the move to corporate totalitarianism and alert the population to the assaults on its society and its freedoms.
In the case of Chief Justice Donald Brenner’s decision in favour of Alcan and the Gordon Campbell clique acting together as partners, the Board of the Save Our Rivers Society has already filed a Complaint with the Canadian Judicial Council about Justice Brenner’s conduct. Save Our Rivers Society alleges Chief Justice Donald Brenner should have immediately invalidated himself from serving as judge on the case for reasons of conflict and bias. That is only one level upon which the relation of Brenner to the Kitimat decision must be examined, and may be called into question.
On that level Brenner presided over the Alcan/B.C. government against Kitimat case. A long time colleague whom Brenner had praised publicly and worked with was a major respondent for the B.C. government in the case. Even before Wally Oppal became Attorney General, Brenner declared his Court depended upon the Attorney General’s ministry for its successful operation.
Wally Oppal – the colleague for many years – was judge with Brenner in the Supreme Court, then Appellate Court judge when Brenner was elevated to the position of Chief Justice. From that close connection Wally Oppal jumped to the political position of Attorney General, member of Gordon Campbell’s cabinet, and advocate before Chief Justice Brenner on behalf of a highly political decision regarding the fate of the Nechako River and the Kitimat community – as well as the fate, in fact, of all the rivers of B.C.
The Board of Save Our Rivers Society claims (before the Canadian Judicial Council) “conflict of interest” (in layman’s language) and “reasonable apprehension of bias” (in legalese) on the part of Donald Brenner. The Board argues Brenner so conducted himself as to assume a role that was wholly improper.
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