Ken Dobell
Materials in the affidavits reveal that Deputy Minister to the Premier Ken Dobell was involved in the development of the 2004 document review protocol, and that on at least one occasion, Copley received instructions as to whether to assert privilege from Ken Dobell himself.

The ‘Consolation Prize’ document
In July 2007, Madam Justice Bennett reviewed a number of the documents seized from the Legislature for relevance to the defence’s case. One of the documents determined as relevant to the defence is identified by Madam Justice Bennett as related to the “consolation prize”.

The ‘innocence at stake’ email
On Jan. 31, 2008, Judge Bennett ruled on the relevance of 140 emails that hadn’t been previously revealed to her. She ruled 92 of these documents to be relevant, three as significantly relevant and one so fundamentally important it could affect ‘innocence at stake’.

The change in document review protocol – enter Allan Seckel
The affidavits show that if the Premier’s May 28, 2007 statements in estimates debate initiated a change in protocols, it does not appear to have taken effect immediately. Emails of May 29, June 5 and June 7, 2007 from George Copley to Elizabeth MacMillan show that Copley was still reporting to the Deputy Cabinet Secretary in the weeks following the Premier’s statements in estimates. Copley first approached Deputy Attorney General Allan Seckel for instructions regarding privilege three months later, in late August 2007.

Document disclosure protocol
In early January 2004, the Special Prosecutor, in consultation with George Copley, prepared a protocol for the review of and assertion of privilege in regards to documents seized during the raid on the Legislature. It required documents identified as ‘relevant’ by the court to be reviewed by Deputy Cabinet Secretary Joy Illington, who would then give instructions about whether or not to assert privilege.

Electronic document disclosure
The only seized documents not reviewed in accordance with the January 2004 protocol were those recorded in electronic form on various computer media – including laptop computers and the hard drive from the government server. Electronic documents were removed from the 33 boxes held in the courthouse registry on January 20, 2004, and remained at the registry pending review for possible claims of privilege in accordance with a protocol that would account for the ‘special nature of electronic documents’. This protocol was developed over the ensuing months. The affidavits do not contain a copy of the protocol itself.

Document inventories

RCMP/Project Everywhichway
Material in the affidavits suggests that preparations between the RCMP and the Solicitor General’s ministry in advance of the Legislature raids was done verbally, without the production of a ‘paper trail’. Other documents hint at delays that were the responsibility of the RCMP.

Defence disclosure application and FOI process
Defence counsel has brought an application for all materials in the possession of the Provincial Government that in any way relate to the sale of BC Rail and the Port Subdivision. This request is being treated by the Government as an FOI request.

Document review, claims of privilege and disclosure

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