Tom Marshall - Misleading the People!

Tom Marshall has made comments recently that really call his integrity into question. It is curious that a former Attorney General, Minister of Justice, a lawyer and current Premier would place his personal professional accomplishments behind party politics - but yet it appears he has.

Yesterday in this CBC interview - Marshall said "There's a premier in place, there's a cabinet in place, there's a caucus in place with a mandate to govern until October 2015"

This is - a deceptive comment that ignores the pith and substance - the meaning and intent of an important law respecting our democracy.

Fixed term elections were put into legislation to IMPROVE the democratic process. A few of us have noted that a loophole exists within the Tory initiated law - yet that concern has been ignored and now the PC Party is taking advantage of it. Below are the relevant sections:  As you can see the intent under the "Election on change of Premier" exists to expedite the process of renewing a mandate if a Premier leaves before the end of the 3rd year of a term. This recognizes the need to go back to the electorate once the leader of the governing party exits. This is additionally important as the Premier is a public unelected office. So Marshall's comment - that there exists a mandate to govern until October 2015 - is not true.

Duration of House of Assembly

 

        3. (1) Notwithstanding subsection (2), the Lieutenant-Governor may, by proclamation in Her Majesty’s name, prorogue or dissolve the House of Assembly when the Lieutenant-Governor sees fit.

             (2)  A polling day at a general election shall be held on the second Tuesday in October, 2007 and afterward on the second Tuesday in October in the fourth calendar year following the polling day at the most recently held general election.

Election on change of Premier

 

      3.1 Where the leader of the political party that forms the government resigns his or her position as leader and as Premier of the province before the end of the third year following the most recent general election, the person who is elected by the party to replace him or her as the leader of the party and who is sworn in as the Premier of the province by the Lieutenant-Governor shall, not later than 12 months afterward, provide advice to the Lieutenant-Governor that the House of Assembly be dissolved and a general election be held.

 

We know in the case of Kathy Dunderdale - that her term ended 9 months before the end of the 3rd year in office and we should therefore expect - reasonably - that the PC Party would have a leader elected or selected in short order and then get to an election as soon as possible.

When this Bill was being debated in December of 2004 - the issue of leadership departure was significant.

Kelvin Parsons - at the time said after a leader leaves - it should be like a by-election and an election called within 60-90 day period. Terry French was agreeing with the concept - although felt 12 months allowed more reasonable time for a leader to be chosen and an election called.

Terry French said the following:  Mr. Speaker, I believe, like I said from the beginning, that people of this Province, certainly, have the right to elect the Premier. The party should not have the right to select a Premier for this Province. Sure, they have the right to select a leader who will carry them into an election, and, sure, the party has the right to select the person they feel who is best qualified for the job, but then it is the job of the government of the day to put that person out in front of their party and say to the people of this Province: Who do you want? Who would you prefer? This person or that person? I believe this legislation will allow for that. 

So what exactly are they up to? Why are the PC's not honouring the intent of the law? It is not our problem that they are mired in disorganization or worse - manipulation. Tom Marshall knows or should know the purpose of the law. 

Marshall is dishonouring himself and all sitting PC MHA's by continuing to put off the call of an election - by using a loophole. 

Tom Marshall must call an election immediately.

Shame on you Mr. Marshall - you have lowered yourself to protecting your party's interests instead of the people's. 

Blunder - Stunder - Thunder - Media, Liberals, Kennedy

Yesterday if Gregory Parsons was watching the House of Assembly - he must of been proud of what Jim Bennett did for his constituent - as it was exactly the approach used by then defence lawyer Jerome Kennedy when he was fighting for him.

The only problem is Jerome Kennedy became self-righteous and showed indignation toward his colleague Jim Bennett for doing exactly what he would have done.

Let's look at what Jerome said in July In 2003 when he was frustrated by the refusal of the Newfoundland inquiry commissioner, former Supreme Court of Canada chief justice Antonio Lamer, to examine the role of trial judges in the wrongful convictions. National Post Story

"It's the trial judges, some of whom don't know what they are doing...Part of it is as a result of political appointments. Part of this is a result of intentional or unintentional biases."

Then how about this?

Kennedy said Lamer's findings — particularly that police investigators had "tunnel vision" and prosecutors were excessively focused on winning cases — would be read closely in other Canadian jurisdictions.

"This notion that we have to win — that's not the role of the Crown," Kennedy said following the release of the report.

"I would suggest that Crown culture [involves] deeply seated attitudes and beliefs. You can put all of the resources and money you want into a department, but unless you change the attitudes, you're not going to change the system itself," he said. 

And what about this one? CBC Story

Meanwhile, Kennedy lashed out against criticism this week from retired judge John Gomery, who was appointed in 2004 to oversee the federal commission on the sponsorship scandal.

Gomery said it was inappropriate for Williams and Kennedy to have spoken out, and particularly said Williams should not have used the words "witch hunt" to describe the tone that inquiry counsel have taken. Gomery also said that his reading of the inquiry so far indicates that some witnesses have been covering up what they know.

The justice minister said it was "presumptuous" of Gomery to make what Kennedy slammed as "uneducated opinion."

"Judge Gomery is entitled to his opinion," Kennedy said.

"[But] prior to his being appointed to this commission, no one ever heard of him. He conducted a $60-million sideshow in Ottawa," Kennedy said.

"So who he is to come down here and start to tell us what to do — I have questions with that."
Kennedy also said that Gomery was accused of "holding a bias" during the inquiry into the sponsorship scandal, which examined how the former Chrétien government used the federal sponsorship program to bolster federalism in Quebec.

You see it's like this - both Bennett and Kennedy are lawyers, both were representing interests of people. Both got the result they wanted. Both people they were representing were fighting for their lives. Both were right in talking about incompetence in the system.

The difference is: the media missed the irony and reality of the political side-show. The Opposition did not enjoy good research and advice on the situation. International Women's Day was used by Kennedy and the government for a great political game.

The media bought it hook - line - and sinker. It was amateur day all round yesterday as the boys fought it out during a day to celebrate women.

I have not even started on the Cameron Inquiry - remember that one Jerome?

Telegram story demonstrates Liberals don't know own Party Constitution

Telegram Story "Cabana throws in with the Liberals"

 Below is an excerpt from the story - I have underlined certain areas for emphasis.

Liberal party president Judy Morrow said Cabana called her Sunday night to say he was interested in getting involved in the party.
“We have no membership in the party; we’re an open and democratic party and anyone is free to seek a nomination or to partake in provincial party activities,” Morrow said.
She said Cabana is welcome to get involved, but as party president she has to stay impartial on who is nominated to carry the Liberal banner into the election.
“My role is to insure that we have a fair process in place,” Morrow said. “I think that that’s indicative of what didn’t go on in the PC party in the last little while.”
Liberal MHA and acting Opposition Leader Kelvin Parsons also said the party is open to anyone who wants to get involved.
“It’s not complicated, I mean, we have an open door policy,” he said. “I would encourage anyone who wants to run for the Liberal party, don’t wait for September or October to do it.”


Now please go HERE and view the Liberal Party of Newfoundland and Labrador - see under bylaws.

Minister of Business needs Rules and Direction

I mean you know - with regards to - be honest witchu Minister of Business - Kevin O'Brien - could not tell Randy Simms on Open Line this morning what his constituency allowance was.

This is the Minister of Business!

Kevin O'Brien then added that his spouse and Executive Assistant manage his allowance for him.

This is the Minister of Business!

Kevin O'Brien now says the decision to grant themselves $2875 was not a good one. Hindsight!

This is the Minister of Business!

Kevin O'Brien says he needs a clear set of rules and directions in order to spend his $30,000 allowance properly.

This is the Minister of Business!

and now this MHA sits on the IEC.

Tell me what advice and leadership can he provide business?

They can keep the money - but should lose their jobs...

The IEC members at May 2004 - when the checks for $2875 were cut were:

Harvey Hodder (Chair)
Roger Fitzgerald
Ed Byrne
Loyola Sullivan
Elizabeth Marshall
Kelvin Parsons
Percy Barrett

They gave themselves a bonus which did not require receipts.

Just a few months later these members were in the House of Assembly debating the whole issue of the Auditor General being permitted to review their books.

The debate was interesting - especially as it relates to the desire of some members to audit on a go-forward basis. Yes I imagine there was an interest is auditing on a go-forward basis - then we would not have been "exposed" to all that mess from 2000 forward right?

Anyway on the issue of the day - the bonus pay - well Loyola Sullivan managed to duck under the radar again - escaping to Federal cash instead. You see Loyola was on the IEC throughout the period in question and apparently nothing caught his attention - and then Mr. belt tightener and scrooge to the public sector employees did not protest at all at the bonus in 2004. He was the Finance Minister? He was a great Finance Minister?

Then there's Beth Marshall - who along with Danny did not take the payment. Maybe not however Beth was sitting at the IEC table when the decision was taken. I did not see a note in the AG report that says Marshall voted against the bonus. I did not here her tell the public - as a matter of accountability - that this was a payment that should not have been made.

For the two of them - there was no attempt by our sitting Minister of Finance or our previous AG and Chartered Accountant - that the way the account was presented was so vague the public would not be able to figure out what it was for. Where was the protest?

Loyola Sullivan has skated through this - and apparently without a blemish - yet if he was that competent or concerned about taxpayer dollars (he said we were almost bankrupt)then why did he not demand the books be audited by the AG from 2000-2004 - why Loyola?

Harvey Hodder is presenting himself as the facilitator of change - wanting to get right at the accountability of the HOA - yet he was the Chair when the bonus was handed out. He was the Chair when the HOA overspent it's budget.

Ed Byrne - yeah okay - same old same old...

Then there is Kelvin Parsons and Percy Barrett - two members who would like to achieve government again - great way to demonstrate it - no problem taking the bonus there - in fact the culture of "I'm entitled to my entitlements" lead by the Tobin era of accountability carries right on in their political genetics.

Let them keep their money - all of them - but don't let them keep their jobs. I hear there's an employee review coming in October - I guess we can give them a performance review at that time...

AUDITOR GENERAL'S REPORT