NDP rattles legal sabre

OTTAWA—The NDP wants the names of “any and all individuals” involved in the Conservative decision to record and distribute copies of a New Democrat caucus meeting—and it is threatening legal action to get them.
A letter from NDP counsel presses the Conservatives for the information and strongly suggests litigation will follow unless the names are forthcoming.

“Our client will, if necessary, take appropriate measures to protect its interests,” says the Dec. 23 letter from lawyer Steven Barrett to Arthur Hamilton, counsel retained by the Conservatives.
“While I appreciate that your client has been occupied with a number of matters, I am surprised that I have not heard back from you,” adds Barrett’s letter on behalf of the NDP, obtained by The Canadian Press.
It’s the latest chapter in a highly-unusual subplot of the political drama that rapidly unfolded late last year, almost toppling the minority Tory government.
The Liberals, NDP, and Bloc Quebecois hatched plans to defeat the government in a non-confidence vote over the federal economic update, which opposition parties said sorely lacked the sort of economic stimulus needed to revive the ailing economy.
The Conservatives quickly pointed to an audiotape of an NDP conference call in which New Democrat leader Jack Layton referred to plans to work with the Bloc toward defeating the Tories.
The Conservatives said the caucus discussion was evidence of a longstanding, calculated plot to dethrone them—an allegation the NDP denied.
The furor over the recording was largely forgotten as the government teetered on the brink of defeat. Prime Minister Stephen Harper opted to pull the plug on Parliament rather than face a Dec. 8 non-confidence vote.
Meanwhile, the New Democrats asked the Mounties to investigate whether the Conservatives committed a criminal offence by listening in on and recording the caucus call.
In a letter to RCMP Commissioner William Elliott, the party identified John Duncan, Tory MP for Vancouver Island North, as the one who “apparently” taped the conference call. The RCMP, following force custom, refuses to say whether it has launched an investigation.
The Conservatives said in late November they dialled into the call after receiving an e-mail at a Tory address.
The NDP believes John Duncan mistakenly received an e-mail invitation intended for newly-elected New Democrat Linda Duncan.
The letter from Barrett reveals a Dec. 3 conversation in which Hamilton is said to have told him the Conservatives would stop publicly referring to the recording, and that they were prepared to address NDP concerns.