BC is giving municipalities the long-requested power to remove local politicians from office if they are charged with, or convicted of, a crime.
Municipal Affairs Minister Nathan Cullen tabled new legislation Thursday and said it will help “recognize the need to maintain public confidence when a local official is charged and sentenced with a criminal offence, an indictable offence.”
“We have seen a number of incidents where somebody sitting under a charge remains involved in local council,” he said. “It’s very disruptive and very difficult for that council to continue to do their work. The public needs that confidence.”
There have been several cases of local politicians in recent years whose criminal charges have prompted municipalities to point out there’s no clear legal mechanism to remove anyone from municipal or regional office.
Most recently, last December, Surrey Mayor Doug McCallum was charged with public mischief related to allegations he made to police that someone ran over his foot in a parking lot.
Prior to that, in 2019, then Port Moody mayor Rob Vagramov attracted controversy after being charged with sexual assault, before he later arranged an “alternative measures” resolution and the charges were stayed.
The province first pledged action on the issue in 2017, after Pitt Meadows councillor Dave Murray was convicted of sexual assault and resigned. And the issue was hotly debated in 2008, when a Port Coquitlam councillor was convicted of assault but refused to give up his seat.
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However, not all of those previous cases would have triggered BC’s proposed new legislation, due to some particular details in the bill.
The legislation proposes to automatically place any town, city or regional politician on immediate paid leave if they are charged with any criminal offence. A vote by that local council would not be required, nor would local politicians be able to stop the process.
But the new legislation would only automatically remove the person from office if they are convicted for what’s called an “indictable” criminal offence.
Indictable offences are the most serious – including murder, manslaughter, sexual assault, robbery, breaking and entering, arson, drug trafficking, bribing a public official, perjury, child pornography, aggravated assault, theft over $5,000 and drug trafficking.
Some of the more simple criminal charges in BC’s history – public mischief, or ordinary assault – would not necessarily trigger the legislation, though sexual assault is likely to meet the threshold.
The bill is not retroactive, meaning it would not apply to previous offences.
“We want to be very clear with British Columbians, with mayors, councillors, those sitting on regional districts, and those who are considering running for office in the fall elections, that if this bill is passed and receives royal assent, which we hope it it does, that this will be the rules going forward,” said Cullen.
Another wrinkle in the legislation is that it does not bar the person convicted of a crime from running for public office again in the future, once they finish their sentence. Nor does it ban anyone with a past criminal record from running for office.
In both cases, Cullen said there are “constitutional protections we have under the law that allow someone to run for office” if they’ve served their penalty.
“There is also the the natural consequence that exists for all of us who sit in elected office, you need the support of voters,” said Cullen. “The cloud that would exist over such a person having served time for an indictable offence, a very serious offence to then seek the public’s confidence again, that would be a matter between them and the voters within their city or town, which of course is not something we interfere with.”
Local governments praised the legislation as providing a tool to solve a very rare, but particular problem.
“There was strong support from our members to see the legislation strengthened, and these changes accomplish that,” said Union of BC Municipalities president Laurey Anne Roodenburg.
Cullen said he expects the legislation to pass this spring with widespread support.
“I want to say overwhelming, I hope 100%, (of people) will welcome these changes because they know the important work they have to do and having somebody returned back to council who’s sitting under the cloud of waiting awaiting sentencing on an indictable offence, it’s just not something that will happen in the future if this bill passes.”
Rob Shaw is Daily Hive’s Political Columnist, tackling the biggest political stories in BC. You can catch him on CHEK News as their on-air Political Correspondent.”
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