Mr. Justice Cory, "described the conduct of Scientology and its lawyers in making false statements as 'recklessly high-handed, supremely arrogant and contumacious.' (winnipegsun.com/ March 28, 2007)

Disturbing aspects of Driskell inquiry

By Robert Marshall

winnipegsun.com/ Wed, March 28, 2007

The Driskell saga is coming to an end with cash the final stumbling block, the closing chapter in a tale that saw James Driskell convicted of murder and then set free to a purgatorial state, where contrary to much hoopla, his innocence remains in question. That's not the only disturbing issue coming out of that multi-million-dollar inquiry.

What about the Ewatski review of the murder, touted as containing blockbuster revelations of police and Crown wrongdoing? That review was ordered by then-Winnipeg police chief Dale Henry, who allegedly did nothing with it. Henry, a man of unquestioned integrity, is the former top Mountie in Manitoba. No patience for nonsense, he is not one to mess with. He was never called, never targeted.

Saskatchewan chief prosecutor Richard Quinney was lauded for bringing a perjury issue to Manitoba Justice. But the inquiry's reporting seemingly ignored him when he wrote that the nature of the alleged perjury was "not germane to the issue as to whether or not Driskell killed the witness." And that an appeal court likely "would not interfere with a conviction for first-degree murder."

As a Crown lawyer, Michael Code was an architect of the numbing Karla Homolka deal. And seen as the right guy to run the Driskell inquiry.

In the mid-90s, Senator Anne Cools proposed a bill to hold lawyers criminally accountable for their statements. She spoke of an investigation of the Church of Scientology supervised by Ontario Crown Casey Hill, now a Superior Court judge. In Senate debate she said "the lawyers for Scientology, Morris Manning, Michael Code and Clayton Ruby, endeavoured to destroy the reputation of (Hill) ... they made certain false allegations about (his) reputation and integrity ... They instituted contempt of court proceedings against him seeking his imprisonment."

The allegations against Hill were untrue and without foundation. The action crumbled.

Hill sued Manning and Scientology.

In the hot seat, among other things, Michael Code testified that Hill had made a veiled threat to Clayton Ruby. Hill denied it and eventually won the civil case.

The case went to Ontario's appeal court that noted the jury "resolved the credibility issue in favour of (Hill)." Further, that "the testimony of Michael Code and Clayton Ruby constitutes another serious attack upon the professional and personal integrity of Casey Hill." Hill prevailed.

Next stop, the Supreme Court of Canada. It sided with Hill. And part of its judgment reads, "Manning testified that a critical piece of information which prompted him to bring the contempt application was the characterization by Michael Code of Casey Hill's attitude ..."

Cools said the Supreme Court, through Mr. Justice Cory, "described the conduct of Scientology and its lawyers in making false statements as 'recklessly high-handed, supremely arrogant and contumacious.' Mr. Justice Cory added: 'There seems to have been a continuing conscious effort on Scientology's part to intensify and perpetuate its attack on Casey Hill without any regard for the truth of its allegations.'" Hill was awarded $1.6 million, the largest libel award in Canadian history.

Despite the baggage, Manitoba Justice stands by the selection of Code, citing an impressive list of accomplishments and a "track record for integrity."

And the Cools bill? It died.