Tuesday, May 31, 2005

 

Go To Jail. Do Not Pass Go

(or The Smoking Gun is Red Hot)


If the release of the Grewal tapes does not result in a criminal investigation, Canadian democracy is on thin ice, regardless of any reassuring spin the Martin government might try to put on it.
I have posted previously on The Grewal Tapes: The 8 Minute Conspiracy and said from the beginning that this apparent usurping of the Canadian Parliament for partisan purposes is a much more serious issue than even Adscam.
As my post on How Canadians Govern Themselves points out, Canada's Parliamentary system of government is highly dependant on the Judiciary to maintain an 'equilibrium'. If the Judiciary fails to act on the Grewal tapes for any reason, we are in serious constitutional crisis, whether or not anyone actually says so.
See for yourself. Take a few minutes to examine these sections of the Canadian Criminal Code slowly and carefully. There is no grayness in the law as it relates to what Grewal and Murphy are reported to have done. There is only black and white - and more black and white - and yet even more black and white. The implications are extremely disturbing - the more so if anyone even attempts to trivialize it, no matter whether they be Liberal or Conservative or MSM.

Here are some excerpts from the web (unofficial) version of the Criminal Code of Canada. Not every single clause is relevant, but each Section contains at least one proscribed circumstance that fits the Grewal-Murphy 'conspiracy'. There is very little ambiguity here and if justice is not seen to be done in Parliament (with respect to obviously justifiable investigations of Grewal and Murphy - and amazingly even Paul Martin himself, if the CTV report is correct), then the Gomery Inquiry is a moot point altogether.
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CRIMINAL CODE OF CANADA

PART IV - OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE

Interpretation & Definitions

Section 118. In this Part,

"evidence" or "statement" means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not;

"government" means
(a) the Government of Canada,
(b) the government of a province, or
(c) Her Majesty in right of Canada or a province;

"judicial proceeding" means a proceeding
(a) in or under the authority of a court of justice,
(b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,
(c) before a court, judge, justice, provincial court judge or coroner,
(d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or
(e) before a tribunal by which a legal right or legal liability may be established,
whether or not the proceeding is invalid for want of jurisdiction or for any other reason;

"office" includes
(a) an office or appointment under the government,
(b) a civil or military commission, and
(c) a position or an employment in a public department;

"official" means a person who
(a) holds an office, or
(b) is appointed to discharge a public duty;


"witness" means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath.
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Section 119. (1) Every one who

(a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, corruptly

(i) accepts or obtains,
(ii) agrees to accept, or
(iii) attempts to obtain,

any money, valuable consideration, office, place or employment for himself or another person in respect of anything done or omitted or to be done or omitted by him in his official capacity, or

(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by him in his official capacity for himself or another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.


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Section 121. (1) Every one commits an offence who

(a) directly or indirectly

(i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or

(ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

(iii) the transaction of business with or any matter of business relating to the government, or

(iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;

(b) having dealings of any kind with the government, pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which he deals, or to any member of his family, or to any one for the benefit of the employee or official, with respect to those dealings, unless he has the consent in writing of the head of the branch of government with which he deals, the proof of which lies on him;

(c) being an official or employee of the government, demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind directly or indirectly, by himself or through a member of his family or through any one for his benefit, unless he has the consent in writing of the head of the branch of government that employs him or of which he is an official, the proof of which lies on him;

(d) having or pretending to have influence with the government or with a minister of the government or an official, demands, accepts or offers or agrees to accept for himself or another person a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

(i) anything mentioned in subparagraph (a)(iii) or (iv), or

(ii) the appointment of any person, including himself, to an office;

(e) gives, offers or agrees to give or offer to a minister of the government or an official a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

(i) anything mentioned in subparagraph (a)(iii) or (iv), or

(ii) the appointment of any person, including himself, to an office;

(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


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Section 122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is

guilty of an indictable offence and liable to imprisonment for a term not exceeding five years

, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.
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Section 124. Every one who

(a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or

(b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


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Section 125. Every one who

(a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,

(b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or

(c) keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to

(i) the filling of vacancies in offices,

(ii) the sale or purchase of offices, or

(iii) appointments to or resignations from offices,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


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Section 126.
(1)Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done

is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.



(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.

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