“Members of the jury, have you agreed upon your verdicts?”
The court clerk asked her rote question with a wavering, tell-me-don’t-tell-me tone that seemed to capture perfectly the nervous, nerve-wracked mood among the more than three dozen men and women sitting in the Halifax Law Court’s Courtroom 3-1 on the blustery afternoon of December 18, 1998.
Everyone in the sterile, high-ceiling, red-bricked courtroom — Gerald Regan, his wife Carole, their six grown children, their spouses, RCMP Sgt. Jerry Pretty, defence lawyer Eddie Greenspan, Crown prosecutor Adrian Reid, their respective legal associates and support staff, the rows of suddenly no-longer-bored-been-there-done-that reporters, the clutch of curious between-hearings lawyers and the gaggle of faithful courtroom regulars, Greenspan groupies and Regan haters, many of whom had sat through every hour of every day of this six-week trial — craned to look at the six women and four men in the jury box, trying to read the tea leaves of their faces for some sign of the outcome, waiting with a kind of desperate unease for the pregnant pause between the clerk’s question and the jury forewoman’s answer to finally end.
The moment only seemed to last forever.
“We have,” the jury forewoman said…
Copyright 1999 and 2016 by Stephen Kimber
Original title: Not Guilty: The Trial of Gerald Regan
First print edition published by Stoddart Publishing Company Limited, Toronto.
Original ISBN 0-7737-3192-X
eBook ISBN: 978-1-48-3586885-9
StephenKimber.com
About the Author
STEPHEN KIMBER is an award-winning writer, editor and broadcaster. He is the author of nine books, including the novel, Reparations, and the bestselling nonfiction books, Flight 111: The Tragedy of the Swissair Crash and Sailors, Slackers and Blind Pigs: Halifax at War. For more than thirty years, he taught journalism fulltime at the University of King’s College in Halifax, Canada. From 1996-2003, in 2007-08 and again in 2013-14, he served as Director of the School of Journalism. In 2013, he co-founded King’s Master of Fine Arts in Creative Nonfiction program.
Books by Stephen Kimber
For the women who refused to remain silent
When my agent first pitched this book to Canadian publishers in 1995, the proposed title was Aphrodisiac: Sex, Politics, Power and Gerald Regan.
It remained the title until December 18, 1998. That was the day a Halifax jury found Regan not guilty of seven counts of rape and attempted rape involving three of nearly three dozen women who all claimed the former Nova Scotia premier had sexually assaulted them in eerily similar incidents that took place over a period of forty years, from the late 1950s to the early 1990s.
Perhaps not surprisingly, given the verdicts, the publisher suddenly had second thoughts about what the book should be called. When it was finally published, it appeared under the much more benign title: NOT GUILTY: The Trial of Gerald Regan.
Those weren’t the only words that got lost in the editing — and lawyering — process. Having sat through the preliminary hearing — during which a seemingly endless parade of women who didn’t know one another but who described disturbingly similar incidents involving Regan — I came to believe the larger story was about more than mere bad behaviour. There appeared to be something almost pathological at work in what Regan’s was alleged to have done.
In the original draft of Chapter IX of this book, I’d tried to make sense of all I’d been hearing by exploring evolving but nascent research into sexual addiction and the relationships among politics, sex and power — and attempting to relate all that back to the Regan case. Given that Regan was found not guilty by a jury, however, the publisher — again understandably — was no longer willing to include anything in the book that might suggest I believed Regan had actually done any of the things he’d been accused of doing.
In the fifteen years since then, we’ve come a long way in our understanding of the sometimes subtle, sometimes sledgehammer differences between what happens inside the legalistic, beyond-a-reasonable-doubt confines of the courtroom and what we understand about the real world in which we live.
At some level, this book is about history. But it is also about the present because, before there was Donald Trump, or Bill Cosby, or Jian Ghomeshi, there was Gerald Regan.
The Regan case marked an important public psychological turning point. For the first time in Canada, a group of women had come forward to hold a powerful man to account for his behaviour toward them. They may not have won in the courtroom but they won respect in the court of public opinion and that ultimately laid the ground work for much that has followed since then.
Which is why I’ve decided to publish this edition of the book under its intended title and with some of those previous edits restored.
—Stephen Kimber
November 2016
This book has its beginnings in my long-held fascination with Gerald Regan, and with the politics and the Nova Scotia he represents. I came of age just as he came to power. One of my first major assignments as a reporter involved trying to determine if he’d bought his first election.
I have often wondered — though I have no proof — whether he may have had something to do with my firing from the CBC in 1974. If he did, I thank him now for that. If the CBC hadn’t fired me, I wouldn’t have gone off to Boston to visit an old girlfriend, and I would never have met her roommate, the woman who would become my wife and the mother of our three children. We bought our first bedroom suite — an old pine collectable set that didn’t quite qualify as an antique — with the proceeds from a magazine article I wrote about him. It was known in our house as the “Gerald Regan Memorial Suite.”
Though Gerald Regan and I eventually went our separate ways — I into academia and he into federal politics and then international business — there was always something about him that never ceased to intrigue me. When I first read, in the fall of 1993, that the RCMP had launched an investigation into allegations Regan had sexually assaulted women in the seventies — probably during the period when I was covering the legislature — I decided the time had finally come to write the book I always somehow knew I would find in the life and times of Gerald Regan.
I had no idea at the time, of course, that it would take five years for the Mounties’ investigation to metamorphose into criminal charges, and for those charges — or at least some of them — to be dealt with by the courts. I had no idea either how much I still had to learn about Gerald Regan, and the politics and the Nova Scotia he represented.
I had a lot of help along the way. For obvious and entirely understandable reasons, neither Gerald Regan nor any members of his immediate family agreed to be interviewed for this book. I have done my best to overcome that obvious weakness by talking to as many other people as possible — friends, colleagues, enemies, acquaintances — to get a fuller perspective on him. The contributions of many of these interviewees are acknowledged in the text, but those of many others — again for obvious and entirely understandable reasons — are not. I thank them all.
This book also, of course, tells the stories of many of the women who claim Gerald Regan attacked them sexually. For legal reasons, I chose not to interview most of them directly, relying instead on the very detailed accounts they gave to police and prosecutors, and on their responses to questions from the Crown and defence in court. I have chosen to identify all of them — even those whose stories did not ultimately become criminal charges — by pseudonym in order to protect their privacy. Having sat through much of their courtroom testimony and cross-examination, I can only imagine how painful and difficult it must have been for all of them to come forward. I salute their courage.
One of the women I did talk to directly and at length — identified in the text as Mary Graham — was Gerald Regan’s girlfriend during the early fifties. Her thoughtful insights into many aspects — both positive and negative — of Regan’s personality and character were invaluable. I thank her for sharing them with me.
I also want to acknowledge the contributions of my son, Matthew Kimber, and two of my former journalism students — Jaime Little and Erin Greeno — who spent days and weeks sifting through archival documents in Halifax and Windsor to help me piece together the story of Regan’s childhood and his rise to power.
I can’t overlook the support and camaraderie, either, of the reporters who covered the preliminary hearing phase of the Regan case with me, especially Rick Grant, Dean Jobb, JoAnne MacDonald, Lisa Taylor and Brian Ward, who sat through the preliminary hearing for their news organizations. For months, we were among the only people in the country to have heard all of the stories of all of the women who had accused Gerald Regan. Our many corridor conversations helped me make sense of what we were hearing. JoAnne, who is a colleague at The Daily News, also shared with me the fruits of her own research into the case. Lisa Taylor read parts of some of the early drafts of my manuscript and offered constructive advice. I am grateful to all of them.
Just as I am indebted to Dr. Shirley Tillotson, my colleague at the University of King’s College, who teaches women’s and social history, and who suggested many useful avenues of research that helped me better understand the relationships between the sexes in the fifties and sixties in North America and, especially, Nova Scotia.
This project would not have been possible without the support and encouragement of my agent, Anne McDermid. I thank her for her many efforts on my behalf.
The manuscript itself would have been less clear and logical if not for the fine hand of its editor, Gerald Owen, whose helpful suggestions for structural changes helped me lay out the story more logically. And, of course, I want to thank Don Bastian, the managing editor at Stoddart who commissioned the book way back in 1995 and waited patiently for the legal processes to reach the point where it could finally be published.
None of the projects I have taken on over the years, including this one, would have been possible without the support — and often forbearance — of my family: my children Matthew, Emily and Michael and my wife Jeanie, a television and film costume designer. Jeanie and I learned many years ago the perils of trying to work in the same business. So we wisely went our separate professional ways, but we remain the most loyal and enthusiastic supporters of each other’s careers. I couldn’t have survived without it. Or her.
Stephen Kimber
Halifax
January 1999
On the morning of December 18, 1998, Canadians woke to the shocking news that Gerald Regan, the former premier of Nova Scotia and onetime federal cabinet minister — who was on trial in Halifax on charges of rape and attempted rape involving three women — had also been accused of dozens of other sexual attacks against women. Nearly three dozen women, most of whom did not even know the others existed — babysitters, office staff, job seekers, law clients, reporters, party workers, a legislative page, even a corporate executive — had told police what often seemed to be strikingly similar stories detailing how they’d allegedly been attacked by Regan in incidents that had supposedly happened over a forty-year period between the fifties and the nineties.
The details of all those other allegations had been kept secret from the public — and the jurors — during Regan’s trial. But once the jury had finally begun deliberating the afternoon before, and after the judge had refused a defence request to continue the publication ban in place, the allegations — contained in testimony during Regan’s 1996 preliminary hearing and in pre-trial arguments while the jury was out of the room — came tumbling out.
What The Jury Didn’t Hear screamed the headlines in the December 18th Globe and Mail as well as on the front page of the Halifax Chronicle-Herald and Daily News. Other Stories Revealed: The Regan Investigation Found 35 Women Who Claimed They Were Assaulted, read one headline over a story inside the Daily News.
“The [court] documents,” wrote Kelly Toughill in the Toronto Star, “show that young women and teenagers complained that Regan attacked them in his car, in his office, in hotels and at political party functions throughout the 1950s, 1960s and 1970s.”
“By the time you read this,” added Heather Bird in the Toronto Sun, “there will likely only be 10 people [the jury] left in the province of Nova Scotia who haven’t heard all the dirty allegations against Gerald Regan.”
Or possibly in all of Canada.
If Canadians were stunned by the stories they read in their newspapers that morning, they must have been even more shocked later that day when they turned on their television newscasts and learned that the jury had acquitted Regan of every one of the charges against him.
How could this have happened?
Civics lessons niceties about innocent-until-proven-guilty aside, there had been a public presumption for some time that Regan must be guilty. Nova Scotians had certainly heard the gossip. During Regan’s last unsuccessful electoral campaign in 1984, in fact, a local political gadfly had even gone door-to-door in Regan’s riding distributing pamphlets claiming “several women have told me of your sexual assaults upon them” and suggesting there were many more women with similar stories to tell.
In 1994, the CBC-TV current affairs program the fifth estate brought some of those “similar stories” to the attention of a national audience in a report entitled An Open Secret, which featured four women making on-camera allegations that Regan had come on to them.
The publication ban prevented journalists from reporting anything of substance that happened inside the courtroom during the long and winding legal road between the filing of charges in March 1995 and the actual beginning of his trial.
But, during the six week trial itself, fifteen or more local and national, French and English, newspaper, radio, TV and magazine reporters did show up at court each day. For six weeks, they offered Canadians saturation coverage of the graphic, horrific details of the allegations the three women offered. “Mr. Regan was on top of me and he was trying to get my panties off…” “He had his penis near my vagina and he was attempting to penetrate me…” “I didn’t know what was going to happen. He was on top of me. Then I felt this terrible pain in my vagina. He put his penis in my vagina….”
Reading such testimony day after day — and probably without paying nearly as much attention to the defence’s attempts to undermine their accounts of what happened — many Canadians undoubtedly assumed Gerald Regan must be guilty.
So they were understandably shocked when a jury decided he wasn’t.
What happened?
This book is an attempt to lay out exactly how the Regan case evolved and try to put the story of the allegations against him in the context not only of the events but also his own biography and recent social and political history of Nova Scotia.
I’ve chosen to incorporate most of the allegations against him into the narrative chronologically at the point where they’re supposed to have occurred in order to put their stories into some sort of context.
With the exception of a few instances that will be clear from the text, the details in the narrative come from court testimony, or police statements and notes referred to in testimony, or the arguments made by the Crown at various pre-trial hearings.
It’s important to make the point that — with the exception of the rape and attempted rape charges, on which Regan was acquitted — none of the other allegations against him have actually gone to trial. Some were not even the subject of charges. So Regan’s version of the events — or his denial that the alleged events ever happened — has never been heard in a court room. During the preliminary hearing into a number of charges that the judge eventually stayed, however, Regan’s lawyer did raise questions about the women’s versions of events. Those arguments are detailed in the section of Chapter 9 that deals with the preliminary hearing.
It’s important too to make the point that while Regan has been accused of much, he has been convicted of nothing.
This is the story of how that came to be.
Donald Ripley didn’t have the patience for small talk. “So Phil,” he demanded almost before Philip Mathias had raised the telephone receiver to his ear, “how many calls you get?”
At the other end of the line in his Toronto newspaper office, Mathias couldn’t help but smile. He had been a reporter for far too long and, more to the point, had already lived through far too many disappointments over the last thirteen years on this particular story, to hold out much hope that a single, obliquely written column in an obscure provincial supermarket tabloid — whose chief claim to fame was that it carried the weekly TV listings, for heaven’s sake — could accomplish what he and other experienced investigative journalists for some of Canada’s most powerful elite media institutions had failed to do.
“Nobody called,” Mathias answered simply. “Nobody.”
At the other end of the telephone, there was the briefest pause as Ripley absorbed this startling piece of information. “Goddammit Phil,” he thundered, “that’s not good enough.” Then he hung up.
Though neither of them could have imagined it at the time, that brief late June 1993 telephone conversation cocked the trigger on what would become the Revenge of Donald Ripley. Two weeks later, on July 12, 1993, Ripley took what amounted to little more than a modest dog’s breakfast of facts, fiction and frustration to his local RCMP detachment in rural New Minas, Nova Scotia. Less than a month later, following up on Ripley’s vague allegations, the Mounties called Mathias in Toronto to ask if he would “cooperate in an investigation.” His reluctant, almost halting agreement to tell some of what he knew launched what turned into one of the longest, most far-reaching and controversial sexual assault investigations ever in Canada.
After conducting more than three-hundred-and-fifty interviews over a period of seventeen months all over North America, the RCMP, on March 15, 1995, charged Gerald Augustine Regan with seventeen counts of rape, attempted rape, forcible confinement and indecent assault involving thirteen different women, one of whom was below the age of consent at the time of the alleged offence. The charges were shocking. Regan was a former premier of Nova Scotia and a former federal cabinet minister; he had even, ironically, served for a time as Canada’s minister responsible for the status of women. Many of the charges against him involved incidents that had allegedly occurred during Regan’s years in public office.
But, equally startling — and even more troubling to some people — was the reality that the RCMP’s investigation of Regan had begun not as the result of a complaint from any of his alleged victims but because one of Regan’s bitterest political foes, Donald Ripley, had passed on third-hand gossip to the police. The primary source for Ripley’s allegations was a report — a vague, more than decade old names-have-been-changed-to-protect-the-innocent-and-the-guilty report — prepared by a journalist named Philip Mathias. Mathias’ employers at the CBC were so unimpressed with that report they told him to abandon his investigation.
On the face of it, Philip Mathias and Donald Ripley seem unlikely knights in a holy crusade against sexual predators, even less likely comrades-in-arms.
Mathias was one of the country’s most respected investigative reporters, an experienced, multi-award-winning specialist in uncovering political, business and financial jiggery-pokery.1 Ripley was a grudge-nursing, disgraced former stockbroker and political bagman who had been drummed out of the stock business for leaking details of a federal MP’s blind trust to a Liberal critic.
But in the shadowy netherworld of gossip and rumor and innuendo, the fertile swamp where the most significant investigative reporting is often spawned, Mathias and Ripley made perfectly logical allies. In fact, many investigative reporters would probably identify Ripley as an often helpful, sometimes hazardous archetype of their trade — the voluble, vindictive and well-connected outsider/insider who not only knows where the bodies are buried but revels in sharing this information, especially if it is damning to those he sees as his enemies. But always, of course, on a strictly confidential basis.
Donald Ripley — a colorful, controversial, larger-than-life character in the small, everybody-knows-everybody world of Nova Scotia politics — fit his role perfectly. He was a Liberal turned Tory, an insider pushed beyond the margins by events, a man who felt betrayed by those he trusted. And, perhaps most importantly, he not only knew where all the political bodies were buried in Nova Scotia but he also loved to gossip about where to go to dig them up.2
The only son of a Kentville, N.S., shoe store owner and his part-native wife, Ripley saw himself as the quintessential outsider in the close-knit, old boys’ network of Nova Scotia business and politics. He had dropped out of school at sixteen after he was kicked off his school’s hockey team for failing a history test. He spent winters playing hockey for the local Kentville Wildcats senior team — Gerald Regan was the play-by-play announcer for Kentville’s down-the-highway rivals, the Windsor Maple Leafs — and summers in the United States trying his hand at semi-pro baseball.
There, largely on a whim, he joined the U. S. Army where a recruiting officer was the first to realize his academic problems were the result of dyslexia, a learning disability. “Until then,” Ripley says, “everyone just thought that I was stupid.” During his “three years, six months, fourteen days and five hours” in the U.S. army, Ripley painfully and laboriously upgraded his education (“I had to copy out the text books in long hand so I could figure them out”), eventually earning ten university credits in police science and criminology.
But after he returned home to rural Nova Scotia with his wife and young family, Ripley couldn’t seem to find a permanent job. After being turned down for nineteen different jobs, Ripley’s father, a cautious but successful investor in the stock market, encouraged him to talk to Bill Ritchie, then the local manager at Eastern Securities. Ritchie, who later became one of Gerald Regan’s advisors and whose stockbroking firm consequently got the lion’s share of Liberal government bond business, was impressed by Ripley, a young man he would later recall as “one of those energetic, smart, provocative people who took to this business easily and quickly.”
Over the next decade, Donald Ripley made himself into a successful stockbroker largely by force of will and personality, and then used his corporate connections to open doors into the province’s political backrooms, the place where real power resides in Nova Scotia. During the 1960s, he was a fundraiser and constituency president for the Liberals. He might have happily remained a Liberal forever except for one incident just before and another immediately following the 1970 provincial election that brought Regan to power.
At the time, Ripley was the president of the King’s North Liberal constituency association. When Regan visited Kentville to speak at his association’s nomination meeting, Ripley invited Regan, his wife Carole, and their new baby, Nancy, to dinner at his house before the meeting. “It soon became crystal clear,” Ripley would recall later, that Regan wanted to prevent the front-runner for the nomination, Vic Cleyle, from winning. ‘Vic is Catholic and this is a very Protestant seat, and he’s of Lebanese ancestry, which would be a liability in Waspy King’s North,’” Ripley quotes Regan as saying. So Regan, who was a Roman Catholic himself, wanted Ripley to talk Cleyle out of seeking the nomination. Ripley, who claims he is, “at heart… a revolutionary who believes in social justice,” refused.3 In his book BAGMAN, Ripley claimed the incident “showed me [Regan] was a bigot and I decided I didn’t want anything more to do with the party after that.”
But after the Liberals squeaked into office in the fall of 1970 with the barest of majorities, Ripley did arrange what was supposed to be a get-acquainted meeting between the new premier and specialists from Burns Bros. and Denton, the brokerage firm where Ripley then worked. In theory, the purpose of that meeting was so the firm’s experts could “advise the new premier on financial planning for Nova Scotia.” In reality, it was an attempt to grease the wheels so Burns could land the patronage prize of the province’s bond business.
Unfortunately for Ripley — and ultimately for Regan — “after I delivered the Burns people to the spacious country residence [of Dr. Clarence Gosse, later the province’s lieutenant-governor] where Regan was relaxing, and made the introductions, [Liberal Party President] John Shaffner not too subtly instructed me as to when I should return to pick them up.” Ripley was mortified. “My associates would have no illusions about my role in the halls of power with the new government of Gerald A. Regan: I was a chauffeur.”
Despite later apologies from Regan and Shaffner — Ripley says they blamed each other for the slight — Ripley was not inclined to forgive and forget. He preferred to get even. “I became a Tory.” A passionately partisan Tory.
Ripley’s animosity to Regan solidified in late 1971 after the new Liberal government announced plans to take over the Nova Scotia Light & Power Company, the province’s largest and most profitable privately-owned utility company. Like plenty of other brokers with business and personal connections to the company’s powerful major stockholders, Ripley opposed the deal. In BAGMAN, his 1993 book about his life in the province’s political backrooms, Ripley claims an unnamed Liberal fundraiser stopped him on the street one rainy day during the takeover battle and threatened to torpedo his career if he didn’t back off. “He told me that I was on the wrong side of the power issue, that Regan was fuming, and that the managers would adjust my firm downward in the provincial bond syndicate after the takeover was complete. Further, he said, when or if my company complained, the government would tell them it was my fault. Angry beyond reason, I walked to the Halifax Club [the city’s most exclusive business club], swearing to devote my life to kicking Gerry Regan out of office.”
It took seven years and two more elections, but the Tories did finally wrest control of the government — and the patronage that went with it — from Regan’s Liberals in September 1978. As a reward for services rendered to his new party, Ripley’s then employers, McLeod Young Weir, became one of the lead managers for provincial bond issues.4 A year later, McLeod rewarded Ripley, its Atlantic manager, by making him a vice president and director of the firm.
During the 1980s, Donald Ripley was one of the province’s most powerful backroom politicians. His influence spread well beyond his home province: he headed up the successful 1983 “Nova Scotia for Brian Mulroney” fundraising effort that helped propel Mulroney into the federal party federal leadership and also served as a behind-the-scenes advisor to provincial Tory fundraisers in Saskatchewan, New Brunswick and Newfoundland. His political connections were good for his business career too. McLeod Young Weir was, as author Stevie Cameron delicately phrased it, “the beneficiary of significant provincial bond business in all four provinces.”
But a startling 1987 allegation that Ripley had leaked confidential information about federal Tory Public Works Minister Stewart McInnes’ blind trust marked the beginning of the end of Ripley’s personal power and influence.
On June 21, 1987, the CBC-TV National News reported that McInnes’ trust might not be blind after all. Under conflict of interest guidelines, McInnes, who had defeated Gerald Regan for the Halifax federal seat in the 1984 general election, was supposed to have placed his investments in what is known as a blind trust — an arm’s length arrangement under which a third party manages a politician’s investments independently while he or she holds office — but reporter Mike Duffy showed off documents that night, which included details about the trust that appeared to have come from McLeod Young Weir’s Halifax office. The next day, Liberal MP Sheila Copps rose in the House of Commons to ask more questions about the true nature of the blind trust administered on behalf of the minister. Copps too had confidential documents from McLeod Young Weir she said had been sent to her in a plain brown envelope.
Since McInnes’ trust was administered by a stockbroker in McLeod Young Weir’s Halifax office — the office Ripley managed — attention quickly focused on what role, if any, Ripley himself may have played in leaking them.
Although Ripley denied any involvement whatsoever,5 the Investment Dealers’ Association, the professional organization that regulates the activities of brokers, launched a formal investigation. On July 7, McLeod Young Weir flew six officials from its Toronto office to Halifax in a private plane to fire Ripley, change the locks on his door and post a security guard to keep him from returning to get even his personal belongings. Six months later, in January, 1988, the IDA filed six charges against Ripley, including allegations he’d given the confidential information to Copps6 and that he’d been involved in side deals, off-the-books financial transactions in which employees issue securities without notifying head office.
On February 5, 1990, after two years of IDA investigations and hearings, and a flurry of counter-attack lawsuits by Ripley — against the IDA for what he called its “oppressive, unfair and unwarranted investigation;” against his former employer for wrongful dismissal; and against a former colleague at McLeod Young Weir for defamation of character — the Investment Dealers’ Association found Ripley guilty of what it described as “reprehensible … deceitful … and unethical” conduct.
All of this intrigued Financial Post reporter Phil Mathias. What piqued his interest was not so much the question of whether Ripley was guilty of the charges against him — Mathias says he was never able to determine that — but whether Ripley could ever get a fair hearing from an incredibly powerful, self-regulating agency like the IDA.
Mathias spent several months poring over the sixteen volumes of transcripts of the hearings and interviewing all the various officials, experts, lawyers and participants involved in the affair. During that process, he naturally spent a good deal of time with the scandal’s central figure.
Mathias and Ripley weren’t complete strangers. Their paths had crossed briefly in 1980 when Mathias, then a producer with the CBC-TV program, the fifth estate, first began looking into allegations of sexual misconduct by Gerald Regan. Ripley was just one of many — disaffected Liberals, Tories, NDPers, journalists and others7 — who provided Mathias with the names and leads and gossip that eventually convinced him there could be as many as fifty or more victims of unwanted sexual advances by the former premier. But before he could complete his research, the CBC ordered him to abandon the project.
“How did I feel?” Mathias asks rhetorically. “Just imagine that you have come up with fifty allegations of sexual assaults involving the premier of a province and someone suddenly tells you to stop and forget about it. It was very upsetting.”
In 1986, for reasons unrelated to the Regan case, Mathias left the CBC to return to the Financial Post. But he continued to nurse his unhappiness at the blocked investigation and tried from time to time — though “not with any furious interest” — to get the story published. “There were a number of women who were very distraught and had trusted me with their stories,” he explains. “I felt I owed it to them.”
In 1980, during the original internal battle over whether he would be allowed to continue with his investigation, Mathias had prepared what he called “The John Doe File,” a detailed report for CBC lawyers and senior officials that outlined the allegations against Regan without identifying him or his alleged victims.8 Over the years, Mathias had shopped that file around to reporters and editors he knew in other media, including the Toronto Star and The Globe and Mail, hoping one of them might pursue the story. No one did.
Given that Ripley knew about Mathias’ original Regan investigation, it wasn’t surprising that he was curious to know what had happened to it. When Mathias came to see him again in 1990 to talk to him about the IDA, they spent some time talking about the investigation, and about Mathias’ frustrations in getting the story published or broadcast.
Mathias thought little of their discussion at the time. He was more interested in trying to understand what had happened to Ripley at the hands of the IDA and why. His June 25, 1990 story — “The Three-Year Ordeal Of Donald Ripley” — offered a sympathetic portrait of “an admired Nova Scotia financier [who] raised funds for hospitals and native groups [and] helped impoverished municipalities.” And it raised serious questions about the fairness of the process by which Ripley was convicted.
None of it directly helped Ripley’s employment situation, however. He’d been fined $115,000 by the IDA and suspended from working as a stockbroker for two years. Since he couldn’t — “nor would I if I could” — pay the fine, Ripley concluded he’d effectively been barred from practising his chosen profession, so he began casting about for a new way to make a living.
He decided to become a writer. Over the next few years, he churned out a number of books, including a self-published one, The Roos of Bay Street, which chronicled his battles with the IDA, and BAGMAN, his memoir of his days as a political fundraiser, which was eventually published by Key Porter. He also began writing a column for the Metro Weekly, an eccentric Nova Scotia supermarket tabloid that combined local TV listings with political gossip and right-wing opinion.9
While casting about for ideas for his column, Ripley remembered Mathias’ John Doe file from their earlier conversations and decided in late May 1993 to give Mathias a call.
At first, Mathias says now, he was reluctant to give Ripley a copy of the file, in part because he thought Ripley was “a very impulsive sort of fellow” who was always in the middle of some controversy or other, and in part because he’d once again begun discussing with some editors at the Toronto Sun — which was owned by the same company as the Financial Post — the possibility of re-opening his Regan investigation. He decided to stall Ripley by telling him he’d think about his request and get back to him. But Ripley, who is nothing if not persistent, persisted. When Mathias hadn’t responded by June 3, 1993, Ripley faxed him: “John Doe is two weeks old today.” Finally, Mathias gave in, agreeing to send Ripley an edited version of the file. He attempted to excise those parts of the already self-censored document he thought might make it possible for outsiders to identify Regan as the politician or the CBC as the media outlet in question,10 and then sent it to Ripley.
On June 18, 1993, the Metro Weekly published Ripley’s “John Doe” column under the headline: “The News Business: Sexual Harassment Or Sexual Crimes.” In it, Ripley never named Regan. In fact, he claimed to have “just learned the facts” of a “shocking story [involving] multiple unwelcomed advances against women by a prominent and powerful man: ‘John Doe’ … while I was doing some research on a university project I am writing on systemic injustice.” But Ripley did identify Mathias as the journalist who had prepared the original story, describing him as “a talented, nationally known, ethical journalist,” who had uncovered this scandal years earlier but had been prevented from pursuing it by his media bosses. After outlining a number of the incidents in Mathias’ John Doe file, Ripley finished with a flourish:
“The questions are obvious,” he wrote. “Is an important person more likely to escape justice than a socially disadvantaged person? Did the police receive reports? Will modern (1993) women’s organizations ignore that behavior? Fear has many tools. Silence is the handle which fits them all. It is my guess that the RCMP will talk to Philip Mathias and he does not sound shy or afraid to me.”
Philip Mathias wasn’t shy or afraid, but he was wary when a Mountie from New Minas eventually telephoned — following up on Ripley’s official complaint — to ask if he would agree to meet with two officers from the Milton, Ont., detachment to discuss the contents of his Regan file.
The call created an ethical dilemma for Mathias, a reporter who had long prided himself on his own principled and well-developed sense of journalistic right and wrong. The problem was that, in this case, Mathias couldn’t figure out in which direction his moral compass should be pointing.
What role should a journalist play in a police investigation?
If you ask that simple question to most reporters, including (most of the time) Philip Mathias, the answer will come without hesitation and almost by rote: None. The journalist’s job is to ferret out facts, figure out their significance and present them to the public. The police officer’s role is to investigate allegations of wrongdoing to determine if a criminal offence has been committed.
While the publication of a journalist’s story may trigger a police investigation, that’s only incidental as far as most investigative reporters are concerned. There’s a sound ethical — and practical — rationale for journalists to erect impenetrable walls between themselves and police officers. Reporters often have to talk in confidence to all sorts of people while developing and confirming stories. Those sources must have faith that what they say to reporters, especially on an off-the-record, or not-for-attribution, basis, won’t suddenly show up, without their permission, in a police file. If that happens, journalists, who depend on the trust of confidential sources for their livelihoods, will be less able to do their jobs.
Philip Mathias knew all that. During a nearly thirty-year career as an investigative journalist, primarily for CBC and The Financial Post, Mathias had reported on the political wheeling and dealing around Manitoba’s infamous Churchill Forest Industries project. He’d exposed frauds against governments and followed money trails that led to secret Swiss bank accounts. In all those years, he’d never once approached the police to ask them to investigate anything, nor offered them even a peek at his own files. In ordinary circumstances, he couldn’t imagine ever doing so.
But this was no ordinary circumstance. For one thing, his Regan file was thirteen years old. His story had never been broadcast or published. And it probably never would be. If he couldn’t do what a journalist is supposed to do with information — publish it — shouldn’t he at least turn it over to the police so they could investigate for themselves? The women who had talked to him back in 1980 had told him their stories because they wanted the information to come out, didn’t they? Since Mathias hadn’t been able to accomplish that while acting as a journalist, perhaps, he rationalized, he could do so now as a private citizen. On the other hand, wouldn’t giving his information to the Mounties violate the faith those women had placed in him to protect their privacy? Mathias couldn’t decide. He put these dilemmas to colleagues at the Financial Post. After work, he tried them out on friends, acquaintances, anyone who would listen. He agonized. “I was like a drunk walking a straight line,” Mathias says, “staggering from side to side, trying to balance all these ethical issues.”
In the end, Mathias decided his duty as a citizen outweighed his professional interest as a journalist. He agreed to come to the Milton detachment on August 10, 1993 to talk with the officers about what he knew. But he did lay down certain conditions on his cooperation. He’d let the officers read his unedited John Doe memo and a 1980 legal opinion the CBC had prepared about his investigation, he said, but he wouldn’t provide them with the documents themselves. And, while he would discuss his investigation, he wouldn’t turn over the actual field notes he’d collected. He also promised himself he would be cautious about just how much information he volunteered.
It didn’t matter.
By sitting down with the two RCMP corporals that afternoon and tentatively laying out the expansive tablesetting of all the fact and tips and gossip and rumors he had gathered during his abortive CBC investigation thirteen years before, Philip Mathias gave the Mounties all the pieces they would need to begin their investigation. Mathias had crossed the invisible line from journalist to police informant, and he’d brought with him across that divide a box full of political and legal dynamite. Before he agreed to talk to them, the Mounties had nothing worth investigating. Now suddenly they had a task force’s worth of work to do.
Operation Harpy11 , as the investigation of Gerald Regan would soon come to be known, was about to begin.
The police investigation was only intended to answer one simple question: were there reasonable and probable grounds to believe Gerald Regan had done even one of the awful things Phil Mathias and Donald Ripley suggested he had done?
But attempting to answer that question only raised more — and more interesting questions.
Was it fair for the Mounties to launch an investigation when, in fact, no victims had complained? Was the RCMP allowing itself to be inadvertently drawn into someone else’s politically motivated witch hunt? Or had the Mounties themselves, for reasons of their own, singled out Gerald Regan for persecution because he had once been a prominent public figure? Or — conversely — were the Mounties finally doing the investigation other police officers should have undertaken years before but hadn’t because Regan was such a powerful public figure?
Even if that last was true, was it really fair for the police now to look into forty-year-old allegations Gerald Regan had kissed some young women who didn’t want to be kissed? Could anyone fairly judge sexual conduct from the fifties and sixties by the very different standards of the nineties?
But all of that, of course, still begged the even bigger, more puzzling question. If Gerald Regan had actually done any of the things Mathias and Ripley suggested, why?
Why would a man whose good public reputation was the underpinning of his career and his life risk everything for a fleeting sexual conquest?
Or would he really have been risking anything at all?
Was Gerald Regan such a powerful a figure in Nova Scotia politics he believed he could do whatever he pleased and get away with it? And what would that say about politics in Nova Scotia? About Nova Scotia.
Or was it perhaps all more complex even than that? Was Gerald Regan’s quest for conquest — sexual, political — some kind of aphrodisiac: political passion feeding sexual desire pushing political ambition driving sexual obsession? And if that was true, where had it all come from?
Who was Gerald Regan anyway?
Gerald Regan was only four years old when he made his first solo entrance at a sporting event, a local baseball game being played at a field about a block from his home on Stannus Street. His parents were at the game too, along with his older sister Maureen and brother Walter. But they weren’t sitting with Gerry. They didn’t even know he was at the game until one of them noticed that everyone else in the bleachers was smiling at a little boy in pyjamas who was cheering wildly from the baseline. His parents had assumed little Gerry was where they’d left him an hour before: at home in his bed asleep.
By the time Gerry was seven, he was a well-known neighborhood salesman, peddling greens “liberally spiced with not-too-edible dandelions” door to door. By the time he was fourteen, he had expanded his market to include the larger Windsor community, teaming up with a neighborhood friend to launch a pirate radio station featuring Regan’s play-by-play broadcasts of local baseball and hockey games. By the time he was in his early twenties, he was cockily telephoning the owners of National Hockey League teams to smooth-talk them into allowing players on teams that had finished out of that year’s Stanley Cup playoffs to barnstorm the Maritimes playing against the hometown favorites. As his older brother, Walter, Jr., once put it, young Gerry had that mix of confidence and persistence Maritimers often refer to as “a lot of crust.”
The problem for Regan was that some of his most obsessive ambitions — like playing competitive hockey himself, or attracting the interest of girls his own age, or actually getting elected to political office — required something more than just a lot of crust.
Gerald Augustine Regan was born on February 13, 1928,12 the third of the seven children of Walter and Rose Regan.
Though Regan would later joke about Windsor’s puffed-up self- image — in speeches outside Nova Scotia, Regan was fond of quoting Mark Twain’s description of Windsor as a unique town: from the Latin unus meaning one, he would say, and equus meaning horse — the Windsor in which he grew up was, like Regan himself, a proud, self-confident place.
Residents there are quick to brag about everything from the fact that, as one local writer put it, “Windsor and Hants County are blessed with a greater prevalence of sunshine than any other town or county in Nova Scotia” to their rather dubious claim that their town’s tides are “world famous.”
Windsor’s most impressive claim to fame, however, may be its idyllic beauty. “It is a striking characteristic of Windsor,” the young Joseph Howe wrote in The Novascotian in 1828, “that you can examine it from twenty various points and find each view materially different from the others; every one beautiful, but every one having some leading feature, or agreeable combination, peculiarly its own.”