Opinion: That was not the position of the B.C. NDP in the 1990s.
Advertisement 1 This advertisement has not loaded yet, but your article continues below. Previous Canucks: Front office gets a 'Computer Boy' who almost was Trending Vancouver Canucks Canucks: Patrik Allvin moves to Seattle and its practice facility Trending Vancouver Canucks 'It's international': Vancouver and Toronto gangs gain reach through social media, rap and crime, expert says Trending News Subscriber only. 'Someone will turn on you': The short life and violent death of an alleged Surrey gang hitman Subscriber only News 'Without treatment, my son will die:' B.C. mom asks for help after funding denied for son's treatment in Germany Trending News Next Share this Story : The Province Copy Link Email X Reddit Pinterest LinkedIn Tumblr Breadcrumb Trail Links News Local News Politics Opinion Columnists Vaughn Palmer: Politicians charged with crimes should resign, says Eby That was not the position of the B.C. NDP in the 1990s. Join the conversation You can save this article by registering for free here . Or sign-in if you have an account. Independent MLA Jordan Kealy. Photo by Chad Hipolito / POSTMEDIA Article content VICTORIA — Premier David Eby says two independent MLAs charged with Criminal Code offences should resign their seats in the legislature. Subscribe now to read the latest news in your city and across Canada. Subscribe now to read the latest news in your city and across Canada. Create an account or sign in to continue with your reading experience. Create an account or sign in to continue with your reading experience. The premier, a former attorney-general and head of the B.C. Civil Liberties Association, doesn’t dispute that accused persons are entitled to the presumption of innocence. We apologize, but this video has failed to load. Try refreshing your browser, or tap here to see other videos from our team . Play Video Article content Rather, Eby questions whether a member of the legislature can adequately represent their constituents while also fending off serious criminal charges. Richmond Centre MLA Hon Chan is charged with assault, assault by choking, and uttering threats . Peace River North’s Jordan Kealy is charged with sexual assault . The two were elected as B.C. Conservatives in the 2024 provincial election. Both maintain their innocence, both sit as independents. “People facing serious criminal charges should have to resign,” Eby said again this week. “Everyone’s entitled to their day in court, and I’m a strong believer in the principle that someone should have the right to defend themselves in court. “But at the same time, it is very hard to imagine how somebody facing serious criminal charges can also simultaneously represent their community. That is asking a lot both in terms of conflict of interest, but also in terms of just schedule.” Essential reading for hockey fans who eat, sleep, Canucks, repeat. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Canucks Report will soon be in your inbox. We encountered an issue signing you up. Please try again Interested in more newsletters? Browse here. Eby’s position is different from the one the NDP took during an earlier term of government. When NDP MLA and former Premier Glen Clark was charged with breach of trust and fraud in a casino licensing scandal in October 2000, the New Democrats did not even eject him from their caucus, never mind ask him to resign his seat. As then-NDP whip Gerard Janssen said at the time, “A person is innocent until proven guilty, and I hope that people will respect that.” When Clark himself was asked about giving up his seat after being charged, he replied: “Why would I? I’m still the MLA for Vancouver-Kingsway. I love my constituents and still live there and represent them as best I can. I am innocent and I intend to prove that in court.” Clark kept his seat until the 2001 provincial election and did not run again. Afterward, he was acquitted of the charges by B.C. Supreme Court Justice Elizabeth Bennett. “There is no question that Mr. Clark exercised poor judgment,” the judge ruled after hearing all the evidence in a lengthy trial. “However, there is nothing in his behaviour that crosses the line from an act of folly to behaviour calling for a criminal sanction.” She also rejected the defence claim that the special prosecutor in the case should never have laid the charges in the first place. “Our free and democratic society requires such allegations to be investigated and a prosecution to be undertaken if there is evidence that meets the threshold required for charges to be laid. Anything less would bring the administration of justice into disrepute.” The special prosecutors in the Chan and Kealy cases may have reached a similar conclusion. Likewise, it is not unheard of for charges of assault and sexual assault to result in an acquittal after a thorough airing in open court. Independent MLA Amelia Boultbee has suggested an alternative to Eby’s resignation edict. “Both MLAs are entitled to the presumption of innocence until those charges have been tested in court,” she wrote in an opinion piece in the Tyee news service. “However, I’m calling on Kealy and Chan to go to the Speaker and ask for the government to find a way to allow them to take a paid leave of absence until these criminal matters are cleared.” Boultbee cited the interests of the constituents of the two MLAs. “How can survivors of sexual violence be comfortable seeking assistance from an MLA facing charges of domestic violence or sexual assault?” she asked. “How can anyone in their ridings now fully trust them to act honourably on their behalf?” One could make a similar argument regarding an MLA charged with other Criminal Code offences. For instance, how can a constituent fully trust an MLA charged with breach of trust and fraud? Boultbee notes that if a local government mayor or councillor faces criminal charges, “They are automatically placed on a mandatory leave of absence pending the outcome. “Why should it be any different at the provincial level?” If a mayor or councillor is placed on leave, a deputy mayor or other council member can take up the slack. If an independent MLA goes on leave, would a Conservative, a New Democrat or another Independent be expected to represent their constituents? If Boultbee’s proposal goes anywhere, it should be to an independent review, separated from righteous posturing at the expense of the ex-Conservatives. An arm’s-length review by a former deputy attorney-general produced B.C.’s exemplary special prosecutor legislation. A similar exercise could suggest options regarding MLAs who linger under a cloud of criminal charges for months and perhaps years. Maple Ridge councillor charged with four counts of sexual assault Opinion: B.C. could save more than $1 billion annually by preventing gender-based violence Article content Share this article in your social network Share this Story : The Province Copy Link Email X Reddit Pinterest LinkedIn Tumblr Comments Join the Conversation Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.
