Former British Columbia premier Mike Harcourt faced his old political foe Bill Vander Zalm in court Wednesday in relation to an inquiry that forced Vander Zalm from office and crushed his government in 1991.
The lawsuit against Vander Zalm was filed by former conflict of interest commissioner Ted Hughes, who claims the ex-premier sullied his reputation in his 2008 book and conspired with Harcourt to ruin Vander Zalm.
Hughes conducted an inquiry that found Vander Zalm breached conflict of interest guidelines involving the controversial sale of his Fantasy Garden World theme park, leading to the premier's immediate resignation on April 2, 1991.
On Wednesday, Vander Zalm's lawyer, Tim Delaney, suggested Harcourt, then leader of the Opposition NDP, was initially against Hughes being appointed to his position by the Social Credit Party but changed his views when his opponent was toppled.
Harcourt told B.C. Supreme Court the New Democrats never questioned the impeccable integrity of Hughes, who'd been a judge for 18 years, but were opposed to the government's conflict of interest legislation.
"The concern you had, not with Mr. Hughes, but with the legislation, is that someone in that position of commissioner might feel political pressure in their job, isn't that right?" Delaney said.
"No, I think it was more a matter of principle rather than that sort of a consideration," Harcourt said as Vander Zalm sat in the gallery with his wife Lillian.
"It was a matter that the position be seen to be independent from government," he said.
Harcourt said the New Democrats wanted the conflict of interest commissioner to be independent, not someone connected to the government as was Hughes, who'd been deputy attorney general.
He said the same applies to special prosecutors who deal with cases that may involve political overtones.
Delaney questioned why the NDP voted for the conflict of interest law after Vander Zalm's reign had ended, when its members were vehemently opposed to it before that.
Harcourt said some amendments had been made to the legislation and Hughes had left his deputy attorney general job by then and was appointed to a five-year term as commissioner by new premier Rita Johnson.
He said the New Democrats anticipated winning the election that year and could further amend the law when they came into power.
The NDP defeated the Social Credit Party that year and Harcourt became the new premier, sweeping his party into power for the first time since the mid-1970s.
Harcourt's government was in power until 1996, when he resigned over the so-called "Bingogate" scandal involving party member Dave Stupich, who used money raised by a charity bingo to fund the party.
Harcourt had nothing to do with the issue but took political responsibility for it. His successor, Glen Clark, also resigned after a scandal.
Earlier Wednesday, Vander Zalm's lawyer Frank Potts said his client had to endure "over the top" demands from Hughes before being hit by a defamation suit.
Potts said Hughes wanted sales of Vander Zalm's 2008 book to cease or references to him removed or he would sue.
"What makes you so special?" Potts asked Hughes.
He suggested Hughes expected his client to write nothing, good or bad, about him.
Hughes said the request was reasonable and has told B.C. Supreme Court that he was shocked by the attacks Vander Zalm made against him in the book "Bill Vander Zalm: For the People."
Vander Zalm claims Hughes' inquiry was unfair and that he was later vindicated in court when he was found not guilty of breach of trust for the same matter.
Hughes said the former premier asked him to do the inquiry when the controversy about the sale of his business erupted over accusations he'd used his public office to conduct his private affairs.
In his report, Hughes said he had reservations about the inquiry's process involving the Social Credit premier.
"I was concerned with the fact that the public would not be involved and be able to scrutinize proceedings as they unfolded," he wrote.
"What was your concern?" Potts said, suggesting Hughes should have held a public inquiry to allow for a "full meal deal" with subpoenaed witnesses and cross-examination instead of opting for an informal resolution.
"I was concerned about the kind of inquiry I was conducting at the request of the premier, who wanted it done in this manner and wanted it done expeditiously," Hughes said.
Hughes has already told the civil trial that Vander Zalm wanted a quick inquiry because an election had to be called in 1991.
Hughes said he'd communicated his concerns to the premier's staff, had done similar inquiries in the past and didn't want to be involved any "hybrid" process.
"I was operating under an agreement," he said.
Court has heard Vander Zalm distributed his self-published book to 22 libraries and sold about 1,000 copies at a cost of $50 each.
