Court claim accuses B.C. mayor and council of conflict of interest with developers

Court claim accuses B.C. mayor and council of conflict of interest with developers

A group of voters claim conflict of interests should see them removed from office

A group of voters will ask a B.C. Supreme Court judge to remove Langley Township’s mayor and two sitting councillors from office over conflict of interest claims.

The petition to the court was filed Dec. 13 and names Mayor Jack Froese, Councillors Blair Whitmarsh and Bob Long, and former councillor Angie Quaale.

At issue are controversial donations made by senior employees of a number of B.C. development companies during the 2018 municipal elections.

All the candidates received money from employees for at least one, and in some cases several developers, which had projects that were under consideration for rezoning and development permits before council when the donations were made.

The information was revealed in an anonymously-authored report released earlier this year and publicized by former mayor Rick Green.

According to the petition to the court, Froese, Whitmarsh, Quaale and Long “failed to disclose a directed or indirect pecuniary conflict of interest” contrary to the Community Charter.

It asks for an order that the mayor and councillors be disqualified from holding public office until the next election.

Froese said that he couldn’t say much as the matter is before the courts.

“We will be seeking legal counsel,” Froese said.

Long said he hasn’t been able to fully consider a course of action.

“However I will state that I stand firmly on my record as a seven term councillor, sworn to uphold the honour of the position which I do with the highest level of integrity,” Long said.

He said his decisions at the council table are based on community consideration, planning principles, fairness, and common sense.

The Township declined to issue a formal comment beyond noting that the matter is before the courts.

“The issue is not whether there was actually a quid pro quo between the developers and certain members of Council,” John Allan, one of the voters who launched the petition said in a press release. “It is about the appearance of fair dealing, and ensuring that the citizens of Langley can have confidence in an elected local government that is free from undue influence.”

READ MORE: Developer donations still coming in Langley Township despite rule change

READ MORE: Langley Township tackles donation controversy

There were two issues with the donations.

First, under rules that came into effect for the last civic elections, corporations and unions were barred from making donations to political campaigns. But there was no way to ban multiple senior staff members at a single company from making donations, up to the maximum of $1,200 per person.

Second, many of the donations were given while companies such as Vesta, Mitchell Group, Beedie Group, Polygon, and others were in the midst of rezoning applications for housing developments. Some donations came days or weeks before or after significant votes.

All the politicians involved denied that the donations had any impact on their decision making, and a lawyer for the Township, Don Lidstone, issued a legal opinion on the matter.

“In my opinion, unless there is direct evidence linking the campaign contribution to the council member’s vote… it is unlikely a court would find they had a pecuniary conflict of interest with respect to the matter.”

However, both the current petition to the court and the earlier anonymous report reference another opinion by Lidstone, this one dated to 2016, in which he said. “There could be a conflict if… the development was in-stream at the time of the election, or if the developer made a contribution after the rezoning application was made.”

None of the allegations in the petition have been tested in court.

Like us on Facebook and follow us on Twitter

city councilCourtLangleyLangley Townshipmunicipal politics

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

BC Coroners Service is currently investigating a death at Canoe Cove Marina and Boatyard in North Saanich. (Black Press Media File)
Drowning death in North Saanich likely first in B.C. for 2021

Investigation into suspected drowning Monday night continues

Located at 9750 West Saanich Rd., this North Saanich mansion is on the market for $10.25 million. (Realtor.ca photo)
Located at 9750 West Saanich Rd., this North Saanich mansion is on the market for $8.65 million. (Realtor.ca photo)
The five most expensive homes for sale in Greater Victoria

A roundup of luxury estates currently on the market

The Greater Victoria School District and two retired teachers are named as defendants in a lawsuit alleging that a student was sexually abused in the early 2000s. (Pixabay photo)
Former Saanich student files sexual abuse lawsuit against school district, retired teachers

Lawsuit claims student was groomed, abused by retired teacher

(Black Press Media file photo)
Mechanical issues blamed for Saanich car fire

‘Nothing untoward’ suspected, no injuries reported, firefighter says

Sidney's Beacon Wharf
Pontoon company piqued at prospect of public-private partnership around Sidney wharf

Seagate approached to submit proposeal for public-private partnership

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

Terry Keogh, an RDN Transit driver, used his paramedic skills the morning of Jan. 22 after coming across an unconscious woman along his route in downtown Nanaimo. (RDN Transit photo)
Nanaimo transit driver stops his bus and helps get overdosing woman breathing again

Former EMT from Ireland performed CPR on a woman in downtown Nanaimo on Friday

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

Black Press file photo
Investigation at remote burned-out Vancouver Island cabin reveals human remains

Identity of victim not released, believed to be the owner of an SUV vehicle found parked nearby

Angela Waldick is the new team photographer for the Nanaimo NightOwls. (Nanaimo NightOwls photo)
Half-blind photographer will help new Island baseball team look picture-perfect

Nanaimo NightOwls say legally blind team photographer is making history

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Dog owners, from left, Marlyn Briggs with Nayla, Marjory Sutherland with Effie and Mick, and Christina Godbolt with Conon walk their pets frequently at the Chemainus Ball Park but are growing increasingly concerned about drugs being found discarded in the area. (Photo by Don Bodger)
Puppy rushed to emergency 3 times after ingesting drugs in Chemainus public spaces

Dog owners walking in Chemainus parks urged to take caution

Most Read