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

FILE – Wet’suwet’en hereditary chiefs have agreed to sign a memorandum on rights and title with B.C. and Ottawa, but elected chiefs are demanding it be called off over lack of consultation. (Thom Barker photo)
Wet’suwet’en hereditary chiefs, Lake Babine Nation get provincial funding for land, title rights

Government says it’s a new, flexible model for future agreements between Canada, B.C. and First Nations.

The property on which a residential school (pictured) that was torn down years ago in Lower Post is to be the location of a cultural centre. (Indian Residential School History and Dialogue Centre photo)
Lower Post residential school building to be demolished, replaced with cultural centre

Project to be funded by federal and provincial governments, Daylu Dena Council

Photo collage of loved ones lost to substance use and overdose. (Photo courtesy Moms Stop The Harm)
B.C. overdose deaths still rising 5 years after public health emergency declared

Moms Stop the Harm calls on B.C. to provide safe supply in response to deadly illicit drug use

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has suspended indoor dining at restaurants and pubs until at least April 19 in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C. sets new COVID-19 daily record with 1,293 cases Thursday

New order allows workplace closures when infections found

The new 3,500 hectare conservancy in Tahltan territory is located next to Mount Edziza Provincial Park. (BC Parks Photo)
New conservancy protects sacred Tahltan land near Mount Edziza Provincial Park

Project is a collaboration between Skeena Resources, conservation groups and the TCG

In this image from NASA, NASA’s experimental Mars helicopter Ingenuity lands on the surface of Mars Monday, April 19, 2021. The little 4-pound helicopter rose from the dusty red surface into the thin Martian air Monday, achieving the first powered, controlled flight on another planet. (NASA via AP)
VIDEO: NASA’s Mars helicopter takes flight, 1st for another planet

The $85 million helicopter demo was considered high risk, yet high reward

Families of two of three workers killed in a train derailment near Field, B.C., in 2019 have filed lawsuits accusing Canadian Pacific of gross negligence. The derailment sent 99 grain cars and two locomotives off the tracks. THE CANADIAN PRESS/Jeff McIntosh
Families of workers killed in Field train derailment allege negligence in lawsuit

Lawsuits allege the workers weren’t provided a safe work environment

(New Westminster Police)
4 youth arrested after 30-person brawl in New Westminster leaves 1 seriously injured

Police are looking for witnesses who saw the incident take place

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

Sunday’s storm rocked one of the ferries crossing Kootenay Lake. Photo: Dirk Jonker
VIDEO: Storm makes for wild ferry ride across Kootenay Lake

The video was captured by ferry employee Dirk Jonker

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Dr. Bonnie Henry gives her daily media briefing regarding Covid-19 for the province of British Columbia in Victoria, B.C, Monday, December 7, 2020. THE CANADIAN PRESS/Jonathan Hayward
Toddler marks youngest British Columbian to die related to COVID-19

Child one of eight people to die from virus this weekend

Chakalaka Bar & Grill remains open in defiance of orders from Island Health to close. (Cole Schisler photo)
B.C. health authority seeks injunction against restaurant defying COVID-19 orders

Chakalaka Bar and Grill plans to continue serving customers without public health compliance

Pharmacist Barbara Violo arranges all the empty vials of the Oxford-AstraZeneca COVID-19 vaccines that she has provided to customers at the Junction Chemist which is a independent pharmacy during the COVID-19 pandemic in Toronto, on Monday, April 19, 2021. THE CANADIAN PRESS/Nathan Denette
B.C. to open up AstraZeneca vaccines for all people 40+, set up clinics in hot spots

A total of 13 neighbourhoods and communities will receive the AstraZeneca vaccine

Most Read