Kennedy’s Income Trust Report Fails to Connect the Dots

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The British Columbia Civil Liberties Association is disappointed with the report of Paul Kennedy, Chair of the Commission for Public Complaints Against the RCMP into the public disclosure of the RCMP’s income trust criminal investigation during the last federal election. The report fails to connect the dots between his findings of fact and his finding of fault.

Kennedy’s factual report shows that:

  • Commissioner Zaccardelli correctly predicted in advance that his disclosure could have a significant effect on the federal election.
  • Commissioner Zaccardelli was directly responsible for the wording of the letter to Ms. Wasylycia-Leis and for the wording of the press release, including a specific decision to include Mr. Goodale’s name in the press release
  • Ms. Wasylycia-Leis was “elevated to the status of a complainant” in order to provide her with confirmation of the existence of an investigation
  • There was a policy in effect that prevented disclosure of the fact of an investigation if the disclosure could harm an investigation

Mr. Kennedy’s report does not refer to any evidence that would justify the decision to disclose the investigation and it is bereft of any hint that he has grappled with the RCMP’s rationale for releasing the information. It can only be concluded that Mr. Kennedy has failed to undertake any serious analysis of RCMP general policy or practice or the specific exercise of discretion in this case.

BCCLA President Jason Gratl: “The dots paint a picture of an RCMP commissioner who cynically manipulated the results of the last federal election. Mr. Kennedy turned a blind eye to his own findings of fact and failed to connect those dots.”