B4 CASTLEGAR NEWS, August 26, 1981 18 police officers charged so far Break-in touched off scandals EDITOR'S NOTE: The federal government released the main report of the McDonald royal commission into RCMP law-breaking Tuesday. Gerard McNeil, who covered many of the McDonald hearings over three years, tells how it all began. By Gerard McNeil OTTAWA (CP) — Late cone night in 1972 police from three forces — the RCMP security service, the Mon- ‘treal Urban Community po- lice and the Quebec Police Force — broke into the em- pty offices of a left-wing news agency and made off with its ‘subscription lists and other files. The next day l'Agence Presse Libre du Quebec told reporters it suspected police were responsible. The agency fired off telegrams to then solicitor-general Jean- Pierre Goyer, Quebec justice minister Jerome Choquette and Montreal Mayor Jean Drapeau asking for an ex- planation. The escapade four years later touched off a series of scandalous disclosures about the security service that cul- minated this summer with 18 officers being charged with kidnapping, arson, theft, for- gery and break and entry. MORE CHARGES POSSIBLE + More charges may result now that the report of a royal commission under Mr. Jus- tice David C. McDonald of ‘Alberta is public. \ The news agency break-in jn 1972 alone d the in the spring of 1977 to authorizing a raid without a judicial warrant. The pleas came after a closed hearing before Montreal Judge Roger Vincent who gave the police an absolute discharge, saying their motives had been noble. EXPLAINED MOVE In Parliament, opposition MPs were asking why the charges hadn't been break- ing, entering and theft. Eye- brows rose as Solicitor-Gen- eral Francis Fox conveyed the RCMP explanation that breaking and entering by po- lice was not an offence when there was no intent to com- mit a crime. In June, 1977, Fox was forced to make a Commons statement assuring MPs the Montreal raid had been a “unique and exceptional” case of RCMP law-breaking. Ashe spoke, former RCMP officers Donald McCleery and Gilles Brunet — both fired in 1973 for unspecified reasons and seeking reinstatement — told officials the agency raid had been anything but unique. They gave details of other “dirty tricks” operations in Montreal including the burn- ing of a barn, the theft of dynamite and the abduction of potential informers. They said they would make these allegations public if Ottawa didn't act. APPOINTED COMMISSION A feeble attempt was made to get them to keep quiet, but it was apparent they would talk. With Quebec's new weaknesses in the system. rs In Ottawa, the agency gomplaint was passed by Goyer’s office to RCMP head- quarters. The force advised Goyer to ignore it, despite the fact John Starnes, direc- tor-general of the security service from 1969 to 1973, had been given details of the raid and was angry RCMP officers had participated without his permission. Go- yer was told none of this. DENIED INVOLVEMENT In Quebec City, Choquette denied publicly that the three police forces had been in- volved. He said later he had been told this by Maurice St. Pierre, director of the Que- bee force. St. Pierre denied ever talking to Choquette about the matter. St. Pierre said he had not heard of it until four years later, and he suggested it may have been kept from his attention deliberately. Ar- ticles about the agency break-in had not been brought to his attention at the time, although he was supposed to get any press clippings involving his force. In Montreal, police were investigating. But the officer assigned to the case said later he could not get any an- swers from the anti-terrorist group that had taken part in the raid. } The break-in incident might still be unsolved ex- tept for RCMP Constable Robert Samson, in his early 20s and with a modest edu- tation. His only security jraining after he was shifted ‘to the anti-terrorist squad in Montreal was a course in Marxist-Leninism and ano- ther in photography. In 1976, Samson was in court, charged with placing a bomb near the home of Steinberg’s supermarket ex- ecutive Mitzi Dobrin, when he said he had done “worse things” as a working officer. = He then mentioned the hhews agency raid, the first admission police had been in- yolved, saying he had been pne of the raiders. = Three officers — one from each force — pleaded guilty Parti Q is g about to launch a public in- quiry under lawyer Jean Ke- able, Fox appointed the Mc- Donald royal commission July 6, 1977. The commission cost $12 million and amassed more than 800 volumes of public testimony and dozens of vol- umes of secret testimony by the time it completed its work. Witnesses ranged from Prime Minister Trudeau, heard in secret, to a man who the security service had had fired because he wouldn't be- come an informer. At the outset, critics sus- pected a cover-up. McDonald, then 45, had been president of the Liberal Party of Al- berta and was a western can- didate for a Supreme Court of Canada appointment when Mr. Justice Ronald Martland retires in February. Trudeau makes Supreme Court appointments. _ The suspicion was stren- gthened as Fox launched ef- forts to stifle the Keable in- quiry, which by mid-summer was hearing explosive testi- mony. The barn-burning was a national joke. Fox went to court to block Keable’s access to RCMP documents, saying nobody but Ottawa could in- vestigate the affair. When the CBC reported in the autumn of 1977 the RCMP was opening first- class mail in violation of the Post Office Act, Postmaster- General Jean-Jacq Blais director, was among the first witnesses to be questioned when McDonald began hear- ings late in 1977. ‘TECHNICALLY CORRECT’ Why hadn't Sexsmith ad- vised Fox he was mistaken in saying the news agency raid was unique? Sexsmith re- plied Fox had been “techni- cally correct.” There had never been a raid quite like that one, therefore it was unique. W.L. Higgitt, RCMP com- missioner from 1969 to 1973, testified the RCMP had been correct in advising Warren Allmand, former solicitor- general, it wasn't an RCMP practice to open mail. All- mand had passed this in- formation along to Allan Lawrence, Progressive Con- servative MP for the Ontario riding of Northumberland- public supported them, ‘That was probably true. Public support for the War Measures Act in October, 1970, had left some politi- cians aghast. Robert Stanfield, recalling party pressure on him as na- tional Progressive Conserva- tive leader not to oppose the suspension of civil liberties in Canada, said he never felt the same way about Canada egain. Many Canadians seemed to assume if the RCMP did something, it was right. Some told the McDonald commission, when it was hearing public views, there should be no restraints on police. Others, such as the Can- adian Labor Congress and the National Indian Brother- hood, urged a broader inves- tigation. They alleged dis- Durham, after L Te- layed a constituent’s com- plaint about opened mail. Lawrence, on learning the RCMP opened considerable mail during investigations, demanded Allmand resign for misleading him. From the lower ranks, of- ficer after officer testified they had assumed what they were doing was legal because they had been told to do it by superiors. There was no question of refusing to carry out an order, they said. SUGGESTED POLICY McDonald, when not en- gaged in public or private hearings, scoured files at RCMP headquarters, produc- ing evidence many officers had indeed been worried about what they were doing. When a training class briefed a senior officer in 1970 about what protection they could expect if caught, he went to ruptive of their groups by the security ser- vice. Meanwhile, the McDonald commission was being told the RCMP had engaged in_ hundreds of “fishing expedi- tions” into homes and offices. Officers said they went in without warrants looking for evidence. As one put it, it was the only way they could prove the innocence of those whose homes they rifled late at night. Even seamier was the pic- ture separatists, not ter- rorists, from Montreal drew of their experiences with the security service. A Montreal man who re- fused to act as an informant was fired after an officer visited his boss. Another was so frightened by an RCMP visit he fl afraid to discredit a candidate for the leadership of the League for Socialist Action, When the candidate tried to launch a criminal prosecution, On- tario Attorney-General Roy McMurtry blocked it, saying it wouldn't be fair to pros- ecute before the McDonald report was made public, jenior RCMP personnel testified politicians must have known the law was being broken by their officers to enforce the law. This was the “inherent contradiction” that had been raised before a cabinet committee of which Trudeau was a member in 1970. SPELLED OUT PROBLEM The memo spelled out the problem clearly. It had al- ready been alluded to pub- licly in the 1969 report of an earlier royal commission on security, which said law- breaking in security work was inevitable. That commission had rec- ommended a civilian agency take over such work under a clear mandate. Trudeau had rejected this, appointing Starnes as the first civilian director of the security ser- vice and saying the service would become increasingly civilian and separate from the RCMP. But it didn't. By the time Starnes re- tired from the security ser- vice in 1978, it had been stripped of civilians above him about his loyalty. Ben- nett had been a civilian member and chief of the Soviet intelligence desk for years, A parade of solicitors- general ‘testified they had never been told about RCMP law-breaking. George Mcll- solicitor-general in 1970, said he ‘had been half-blind when the “inherent contradiction” memo came up and hadn't seen it. What Trudeau said about the memo has yet to be made public. He testified behind closed doors. Private testi- mony was justified on grounds of national security, but it seemed aimed at spar- ing embarrassment, WAIT FOR REPORT In the Commons, cabinet ministers refused to answer questions about the RCMP until the commission had re- CHECK AND COMPARE THESE VALUES BONELESS BEEF BOTTOM ROUND ROAST ae A. 199 RANCH STYLE BRAND BOLOGNA 98° Save 576. (2.l6ke) DS A HONE | ported. Although vid of RCMP “dirty tricks” oper- ations was sent to attorneys- general in Ontario, Alberta and British Columbia, they decided either not to prose- cute or to wait for the Mc- Donald report. However, in Quebec the Keable report has ‘resulted this summer in charges against 18 RCMP officers in connection with five of the illegal operations also inves- tigated by McDonald. Mc- Donald may duplicate the Keable recommendations and the hic level, as figures made public by Mc- Donald showed. No explanation was given, but the purge may have been related to the retirement of Leslie James Bennett in 1972 shortly after officers grilled or other action against senior officers. But convictions may be difficult to come by. Most RCMP officers testified un- der the protection of the Canadian evidence Act. TIDE DETERGENT a. A 8 i: $ave$2.51..° om box HI DRY PAPER TOWELS to take a job, go to a hospital, mail a letter or claim unem- Higgitt a policy statement. Higgitt's reply was that law-breaking under orders was not “the problem it is being made out to be.” “Members know or ought to know that whatever mis- adventure happens to them, the force will stand by them as long as there is some justification for doing so,” he said. But he told McDonald of- ficers seldom asked anyone to break the law. Later, McDonald asked Starnes about a 1972 memo urging commanders to be- come “far more vigorous in h to ‘ ploy for fear security agents would track him down. PARANOIA JUSTIFIED As other testimony made clear, such paranoia was jus- tified. The force did use med- ical, tax, unemployment and socia] insurance files to track down or harass individuals. The files were supposed to be confidential, but in fact police had broad access to them. When an officer in Nova Scotia saw an Ontario man driving a flashy car, he had the man's income tax returns checked to ensure he could afford the car. Meanwhile, in Ontario a royal ission was inves- their app! iP activity.” Officers who balked at orders to disrupt violence-prone groups “would be subject to censure including, if necessary, trans- fer.” Thus a Mountie who balked would face a stalled career, a black mark on his record. If he really felt strongly about what was happening, he could resign from the force. If he said anything publicly, he might find it hard to get another police job anywhere in Can- ada. The forlorn officers who had burned the barn, stolen the dy ‘ite, picked locks to denied the report in the Commons only to have Fox confirm it a moment later from another seat. Murray Sexsmith, then security service operational get the PQ membership lists and intimidated potential in- formers justified their ac- tions as being “in the public interest.” They fad been “at war” with terrorism. The Attention Men & Boys! For All Seasons Bonnett’s It’s Boys & Mens Wear 365-6761 Remember 10% OFF for Cash tigating police intrusions into medical files. RCMP had used such files Your Carrier is Collecting Your Castlegar News carrier will now be collecting for delivery of the paper for the past month. Please... won't you have your money ready when he or she calls: a Ta cou ngs ees White . tensed $139 $ 68 wre Siiced. Batten or Whole. Save 20¢ Minne. 10 fl oz. (284 mL) Tia... CITY OF CASTLEGAR REGISTRATION FOR LIST OF E iu All persons and Corporations who are qu: LECTORS alified as set out below, but have not as yet registered for the City of Castlegar list of electors (and were not on last year’s list), are urged to immedia they wish to have their name enter: contact City Hall for r on the list. Section 55(2) of the Municipal istration cards if Act requires that the list of electors shall be closed at five p.m. on August 31st in each year. Qualifications . (1) RESIDENTS Section 35(1), Every person who: citizen or British subject; (c) has resided in Canada for twelve months, (a) is nineteen years of age; (or who will reach nineteen years of age before" November 21st, 1981); (b) is entitled in the Province to the privileges of a natural born Canadian In the Province for six months in the Municipality in which he necks registration as an elector for three Pp months, as an elec- jor reg! tor; and (d) is not disqualified by the Act or any law in force in the Province. (2) NON-RESIDENTS Section 36, A person who qi valifies under Section 35, except for residence in the Municipality, and who is the owner or tenant in occupation of land in the Municipality at the date he seeks regi registered as an elector and to vote. (3) CORPORATIONS Section 38, stration as an elector, is entitled to be (1) Subject to this section, a corporation that is the owner or tenant in oc- lity is Midland Doherty Limited MIDLAND DOHERTY would like to announce that they have opened an office inNELSON, from which they will be pleased to service the investment needs of CASTLEGAR and the area residents. If you‘d like to talk about investment, give us a call. We'll be glad to help. Midland Doherty Ltd. 468 Boker Street Nelson, B.C, VIL 4H8 Telephone: 354-4834 das.an elector. f land ina itled to be of (2) A corporation shall not be registered or vote authorization with the Clerk naming age who is a Canadian citizen or British subject. to vote as an agent of more than one corp (3) Where an individual controls 2 or more co! land or own and lease land in the titled to be registered or to vote under this (4) Where the person who ! NH lessee of land in a unless it files o written as its agent to vote a person 19 years . The person is not entitled in 1 the ions that own land, lease nl 4 "poral ly one Is en- section that municipality. - is in or an owner ora is not entitled to be it cor registered or to vote under this section in that municipality. R (5) In this section means a that is not a reporting company under the Company Act, and of which all the shares or more than 50% of the voting sh him and one or more other indivi ship, marriage ares are own ed or controlled duals connected to him by blood relation- or adoption. For the purpose of this section, those in- one individual or by dividuals shall be deemed to control the corporation. The electors that w notic If further information Is required, please contact the City Hall at 460 Col Avenue. on last year’s City of Castlegar list may disregard this 5 ~ TASTE TELLS MUSHROOMS 19° NEW AT SAFEWAY _ DAIRY DESSERTS 7.82% PARTY PRIDE POTATO CHIPS 69 ¢ THOMPSON SEEDLESS GRAPES 68° spene B.C. OR WASH. 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