Conservative Party of Canada taped opposition call at Bene Diction Blogs On

Conservative Party of Canada taped opposition call

Is it legal for the ruling federal party in Canada to tape the phone call of an opposition caucus?

The Conservative Party of Canada released the transcript of an NDP conference call to media this afternoon. And they are bragging about it – the transcript comes from the office of the Prime Minister.

Paragraph 184, subsection (1) of the criminal code of Canada states:

“184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.”

The Conservative Party of Canada taped an NDP caucus call and released it.

from Gallery-Tribune date Sun, Nov 30, 2008 at 3:32 PM
subject NDP Caucus transcript – secret deal
mailed-by parl.gc.ca
NDP Conference Call: Part 1 – and

NDP Conference Call – Part 2

Karine Leroux

Office of the Prime Minister / Cabinet du Premier ministre
Deputy Press Secretary / Attachée de presse adjointe

The NDP caucus call was yesterday. And Canadians are supposed to think what exactly?

The transcript of the call (with the office of the Prime Minister header)

A spokesman for the Prime Minister’s Office said there was nothing unethical about covertly listening in to the private NDP deliberations, taping those discussions and releasing them to the media.

An unidentified Tory was “invited” to participate in the call, said PMO spokesman Dimitri Soudas.

“Maybe the invitation was meant for the Bloc, and they accidentally invited us. We were invited. When you get invited somewhere you have the opportunity to choose to participate or not participate.”

Oh.
Excuse me?
Nothing unethical about possible covert listening and then releasing the tape? Nothing unethical about the office of the Prime Minister releasing a conversation they were not part of to media? And if a Conservative Party member was invited, the question of his or her participation stops at taping for the consumption of a third party.

The legalities will be dealt with.
The morality and ethics of The Conservative Party of Canada is quite another issue.

Update: bastard.logic - Apparently we’re supposed to be outraged
Dammit Janet – Where did that illicit tape recording come from?
Dr. Dawg – Layton accused of smart politics
Scott Tribe has posted the revelent section of the Criminal Code of Canada

Update: The RCMP have been asked to investigate - according to the NDP the email invite was sent to Vancouver Island North MP John Duncan. Edmonton—Strathcona MP Linda Duncan is an NDP MP.

Published 1 year, 3 months ago 11 comments

11 Responses to “Conservative Party of Canada taped opposition call”

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1 Skinny Dipper on Nov 30th, 2008 at 3:21 pm

Shame on the Conservatives for spying on their fellow Canadians.
2 Tee Hee on Nov 30th, 2008 at 3:31 pm

The issue seems to be that a Tory staffer was mistakenly invited into this call. It is obvious to anyone with common sense that this staffer should have known they were invited in error. I am assuming the invitation and code was sent in an e-mail and then the Tory called in. Undoubtedly, they did not identify themselves on the call. It should be asked of the NDP whether they did a roll call.

Regardless of the legal implications, the staffer took the unethical move of calling to observe on a call they had no right to be part of. If I am to hazard a guess I will say that the Tories will have the staffer fall on their sword – as is their way.
3 Hamster on Nov 30th, 2008 at 3:46 pm

Bene, its just the politicians proving that they can’t be trusted.
ANY OF THEM.
ALL OF THEM.
The only good politician is a retired one.
Of course, then they become a lobbyist.
BAH HUMBUG!
.
.
.
.

I’d vote for Rick Mercer.
Have a good day.
4 Bene Diction on Nov 30th, 2008 at 3:49 pm

I’m angry.
5 Bene D on Nov 30th, 2008 at 3:57 pm

Let’s reverse it.

A Liberal, NDP or Bloq staffer gets inadvertently invited onto a Conservative caucus conference call, tapes it and releases through the office of the offical Opposition.

It would be illegal.
It would be ethically and morally just as wrong.
6 Sherm on Nov 30th, 2008 at 4:12 pm

This is unbelievable – sinc when is the Conservative party above the law?

I’m with you Hamster – Rick Mercer for PM.

No more Harper(gate). When do the attack ads start?
7 Bene Diction on Nov 30th, 2008 at 4:34 pm

September 9, 2004 Layton, Harper and Duceppe as leaders of the Opposition wrote the Governor General of Canada:

“As leaders of the opposition parties, we are well aware that, given the Liberal minority government, you could be asked by the Prime Minister to dissolve the 38th Parliament at any time should the House of Commons fail to support some part of the government’s program. We respectfully point out that the opposition parties, who together constitute a majority in the House, have been in close consultation. We believe that, should a request for dissolution arise this should give you cause, as constitutional practice has determined, to consult the opposition leaders and consider all of your options before exercising your constitutional authority. Your attention to this matter is appreciated.”

The Prime Minister of Canada’s office did not tape and release transcripts of caucus meetings of the then opposition parties.
8 MgS on Nov 30th, 2008 at 7:27 pm

This simply shows that HarperCo is taking their tactics from the BushCo playbook – ethics, morals and respect for the opposition be damned.

Rumors are now swirling that he is planning to prorogue parliament rather than face a confidence motion. This is a Prime Minister desperate to hang on to power for the sake of power, not for the sake of Canada and Canadians.

It is time for him to go.
9 Bene D on Nov 30th, 2008 at 8:17 pm

Thanks for that MgS, the PM has a decision to make, carry on or prorogue. We’ll see soon enough if it’s just rumour or not.
10 Zero on Dec 3rd, 2008 at 12:07 am

Paragraph 184.2 , subsection (1) of the criminal code of Canada states:

Interception with consent

184.2 (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to subsection (3).

Found at http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_VI-gb:s_184//en#anchorbo-ga:l_VI-gb:s_184
11 Bene D on Dec 3rd, 2008 at 12:51 am

Okay Zero.
I think you are trying to say the NDP gave permission to release the call.

I can see a typo being made – the J (John) and the L (Linda) are close together on the keyboard.

Are you sayiing Mr. Duncan was invited to the call, logged in, gave his name and the password and informed the NDP he was taping?

I can see the NDP caucus taping their own call.
Why would the NDP tell John Duncan (give permission) to tape away and then release it to the PMO?

Another question for you: Is a federal caucus conversation priviledged communication?