Public Safety Minister Vic Toews, who is also the senior minister for Manitoba, is unhappy with reportage on the Jaffer case done by Winnipeg Free Press Ottawa bureau chief Mia Rabson and me. The following is a "letter to the editor"-type of response Toews is circulating widely to supporters and others:
" Never let the truth get in the way of a good story”
- William Randolph Hearst,
Dear Friends, Colleagues and Others,
Yesterday (on March 9) a provincial prosecutor in the province of Ontario standing before a provincial judge withdrew charges of impaired driving and cocaine possession against former Tory MP Rahim Jaffer. Mr. Jaffer pleaded guilty to the outstanding charge of careless driving.
As he was required to do, the judge sentenced Mr. Jaffer on the basis of the charge before him and not on the basis of accusations withdrawn by the prosecutor.
As with all cases involving a provincial prosecutor it is the provincial Attorney General who is ultimately responsible for explaining why decisions involving a prosecution were undertaken. In this case the Attorney General conducting the prosecution was the Ontario Attorney General.
Not surprisingly, it didn't take long for Winnipeg Free Press reporter Mia Rabson to pick up the Liberal spin advanced by Manitoba MP Anita Neville who suggested that this was an example of the federal Conservative government falling down on the job.
My advice to reporters asking for an explanation of the prosecutor's decision was seen by Rabson as "political posturing" when I directed them to ask those questions to the Attorney General responsible for the prosecution. As I stated:
"I believe the Liberal – the Liberal government in Ontario would be responsible for that."
I certainly have no knowledge why the province decided to handle the prosecution in that way. I suspect the decision was made because there were flaws in the case involving the impaired driving and cocaine charges initially laid against Mr. Jaffer and that a careless driving charge was all that the facts and the law could reasonably support.
My suggestion that the reporters look to the provincial government for an explanation of why the decision was made is only logical in this context.
But logic has never been a barrier to Rabson's efforts to ensure that the Liberal spin on any case - despite the facts - is fully advanced.
And consistent with her usual practice Mia Rabson has no interest in actually doing any work in advancing a particular story. If the speed dial to Anita Neville's telephone isn't sufficient to fully accomplish her goal, why not just pirate the work of a colleague if it supports a Liberal spin on the story?
And so it was that Mia simply took the work of her colleague David Akin, who conveniently works a few desks over from her to put the finishing touches on her smear job on behalf of the Liberals.
This smear job was based on the fact that the provincial judge sitting on the case had originally been appointed by the Ontario provincial government in 2000 when current federal Finance Minister Jim Flaherty was the provincial Attorney General. For Mia Rabson and apparently David Akin, the smoking gun in the case that led to a Conservative conspiracy was the political affiliation of the judge prior to his appointment to the bench in 2000.
Although Akin can actually put out a story that is grounded in fact, this is the kind of conspiracy theory story that Mia Rabson regularly engages in because they don't involve a great deal of thought or work. They just involve innuendo and a superficial understanding of the issue. In fact, the more superficial, the better, because a thoughtful examination of the issue quickly destroys the conspiracy.
In this article Mia carefully avoids mentioning the fact that when prosecutors stand up and "stay" or drop charges in court, a judge has no discretion to reinstate those charges. Those charges come to an end as a result of the decision by the prosecutor. Nor do judges ask for an explanation as to why charges are dropped. The extent of any explanation to be provided is the responsibility of the prosecutor handling the case and ultimately the political responsibility of Attorney General of the province responsible for prosecution.
While it is clear that judges sometimes do override joint defence and prosecution sentencing recommendations made in the context of a "plea bargain", those are very rare. Furthermore, this was not a case where the judge was able to intervene in that manner, because this wasn't a joint recommendation on sentence. The provincial prosecutor had stayed the criminal charges and the only judicial responsibility left for the provincial judge to determine was the sentence to be imposed on the charge remaining before him - the careless driving charge.
But a clear examination of the facts or the explanation of a process like this one does little to enhance the partisan political agenda that Rabson is committed to advancing. It is so much simpler to run roughshod over the facts, and additionally in this case, the judge who imposed a sentence on the charge that was brought before him.
And when it comes to running roughshod over the facts,
Rabson rarely disappoints. Mr. Hearst would be nodding his approval.
Vic Toews