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Attorney General's assistant, above the law?
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March 18, 2004. -
It would appear that the Attorney General's executive assistant went above and beyond the call of duty when he omitted to
mention to Laura* who was making a public inquiry to the ministry, that he had
accessed information about her without her knowledge or permission.
Laura's request to the Executive Assistant, Jason Kuzminski,
was to fax her "the regulations which state that if a British Columbia
Crown Corporation makes a policy change which will affect the British Columbia public, that it is required to make that
policy public." Mr. Kuzminski assured Laura that he would find out.
Instead, without Laura's permission or knowledge, Mr. Kuzminski went about "finding out" that she had an appeal
in progress at ICBC pertaining to our documented ICBC, BC's Sponsorship Scandal?.
Mr. Kuzminski refused to provide Laura with the requested information unless she agreed to tell him what she wanted it for. This
she refused to do.
Mr. Kuzminski did not inform Laura that he had accessed information pertaining to her appeal at ICBC. However, he did write
a letter where he cites a letter from ICBC to Laura. Mr. Kuzminski could not have known of the letter (which was almost
half a year old) without access to Laura's information relating to ICBC.
The matter has been referred to the Attorney General for his response. By publishing the contents of the ICBC letter in his response to Laura,
Mr. Kuzminski may have further implicated Laura's right to a fair appeal process, since
now, her situation presumably, also resides in Laura's file with the Attorney General.
Laura has been unable to receive the requested information from the Administrative and Constitutional section of the
Attorney General's office, which refered her request, "the regulations which state that if a British Columbia
Crown Corporation makes a policy change which will affect the British Columbia public, that it is required to make that
policy public." to R.G.W. Lapper, the Assistant Deputy Attorney General, whose reply was, "I am not aware of any
such document" ( The Assistant Deputy does not know fundamental principles that govern law? Perhaps he should
have checked with the Administrative and Constitutional section in the Ministry then too??).
In effect, the answer to Laura's request has now been witheld from Laura and J. Kuzminski's letter may have impeded her
right to information of a general nature. It is possible that the answer would implicate the
provincial government's management of
its Crown corporation, ICBC, of wrong-doing. However, this is not a good enough excuse for R.G.W Lapper's reply
"to consider contacting a lawyer in private practice". The
public has a right to know the laws and legislation which govern the Province.
Furthermore, to what extent are staff of the provincial government 'investigating' people who contact government offices requesting general
information without their knowledge?
A complaint letter and request for an investigation pertaining to J. Kuzminski's conduct addressed to the Honorable Geoff Plant, Attorney General, was received by
the Attorney General Ministry on February 20, 2004. To date, the Minister has not responded. The matter was then turned over
to Catherine Tulley, Director, Information and Privacy at the Attorney General Ministry at the request
of the Office Of The Information and Privacy Commissioner. Ms. Tulley's verbal reply on April 5, 2004 was that she will " send a letter" which
to date has not arrived.
We invite members of the public to contact the Attorney General, The Honorable Geoff Plant, directly at
attorney.general@ag.gov.bc.ca, or better yet, by fax: 250-356-5111 and ask for:
"the regulations which state that if a British Columbia
Crown Corporation changes a law or policy which will affect the British Columbia public, that it is required to make that
policy public."
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Set a Vancouver world record - not one person to date has been provided the information!
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and to Join us in our protest of ICBC's unlawful conduct toward the BC public.
We would also like to hear
from others who have experienced similliar situations with provincial government officials or aides, in our
SpeakEasy Forum.
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ICBC - BC's Sponsorship Scandal?
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* Laura is a fictitious name for a real person whose appeal
is still being evaluated by ICBC's Fairness Commissioner.
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