Recover costs from guilty staff, B.C. told

The B.C. government should try to recover legal fees paid on behalf of employees found guilty of crimes, a review recommends.

VICTORIA – The B.C. government should try to recover legal fees paid on behalf of employees found guilty of crimes related to their employment, according to an outside review of the policy released Thursday.

University of B.C. president Stephen Toope was appointed in May to review the province’s policy of covering legal fees for public servants who are sued or charged in connection with their duties. Toope concluded that there are valid reasons to protect accused employees, but if they are found guilty, action to recover costs should be automatic.

The review was sparked by a $6 million payout to settle legal fees for ministerial assistants Dave Basi and Bobby Virk, who abruptly pleaded guilty this spring to taking bribes in connection with the sale of BC Rail operations in 2002. Their prosecution stretched out for seven years, mostly due to wrangling over defence demands for disclosure of thousands of government documents.

Toope was not asked to review the payout in the Basi-Virk case, which is being investigated by B.C. Auditor-General John Doyle. The existing policy leans heavily on the discretion of bureaucrats, and was added to over the years in response to specific cases.

The first time defence costs were paid in a B.C. criminal case was when former premier Glen Clark was charged with breach of trust involving a casino licence granted to a neighbour. Clark was acquitted.

Two deputy ministers reviewed the Basi-Virk case and concluded the accused had nowhere near the assets to cover their legal bills. So the province paid the bills and didn’t try to recover the cost.

Attorney General Shirley Bond promised Thursday that the government will take away the discretion to make that choice in future cases. New regulations will specify cost recovery from those convicted, but the government will still use “common sense” to weigh the costs and benefits of legal action, Bond said.

NDP attorney general critic Leonard Krog said the government ordered Toope’s report to deflect attention away from the Basi-Virk case, which was settled just as it was to begin calling witnesses.

Toope examined the 95 cases since 1999 where legal fees were covered by the province. Most were lawsuits involving public servants, and the average cost was $27,000.

Just Posted

Forestry workers set to begin job action in Kootenays

Operations in Castlegar, Cranbrook, Galloway, Elko, Radium, Golden may see job action this week.

HIGHLIGHTS: Kootenay ICE shutout by Calgary Hitmen

ICE set to face Red Deer Rebels on the road tomorrow night

Federal NDP leader Jagmeet Singh visits Cranbrook

Jagmeet Singh, the leader of the Federal New Democratic Party, stopped in… Continue reading

It happened this week in Cranbrook: 1909

For the Week of November 11-17: Items compiled by Dave Humphrey from the archived newspapers held at the Cranbrook History Centre and Archives

Stewart Taylor left a musical legacy behind

The Cranbrook musical community is mourning the passage of one of its central personalities

Trudeau offers to help Pacific islands face climate change impact

Prime Minister Justin Trudeau met with the leaders from the Pacific island nations on Saturday during the APEC Summit in Papua New Guinea

World O’ Words: Real bearcat! Real donnybrook! Heyrube!

Congratulations to the College of the Rockies Avalanche, Women’s and Men’s squads,… Continue reading

Payment for Sin? Or A New Vision?

Yme Woensdregt In the last couple of weeks, I’ve been writing about… Continue reading

Price makes 36 saves as Habs edge Canucks 3-2

Late goal lifts Montreal past Vancouver

BC Minister of Agriculture loses stepson to accidental overdose

Lana Popham announces death of her 23-year-old stepson, Dan Sealey

Canadian military’s template for perfect recruits outdated: Vance

Gen. Jonathan Vance, the chief of defence staff says that the military has to change because the very nature of warfare is changing, particularly when it comes to cyber-warfare

‘Toxic’ chosen as the Word of the Year by Oxford Dictionaries

Other top contenders for 2018 include ‘gaslighting’ and ‘techlash’

RCMP bust illegal B.C. cannabis lab

Marijuana may be legal but altering it using chemicals violates the Cannabis Act

Canada defeats Germany 29-10 in repechage, moves step closer to Rugby World Cup

Hong Kong needs a bonus-point win over Canada — scoring four or more tries — while denying the Canadians a bonus point

Most Read