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

2014 murder case finally goes to trial

Steven Randy Pirko was charged with second-degree murder in 2016

Flood recovery work set to begin in Kelowna

The first phase of $5 million dollar flood recovery plan for Upper Vernon Creek will begin on Monday

Kelowna exhibition showcases nature of Haida Gwaii

The Kelowna Art Gallery is holding a reception for Gwaii Haanas – Islands and Sacred Sites Friday

Accused in Kelowna murder heads to court

Chad Alphonse is accused of killing Waylon Percy Junior Jackson, back in 2016

Crime Stoppers: Stamping out crime for 31 years

Beginning in Kelowna, Central Okanagan Crime Stoppers has take a big bite out of crime

Dine Around Thompson Okanagan kicks off

Fifty restaurants in the region will participate in this year’s event

Quite a few tears as homemade quilts distributed to residents of Ashcroft Reserve, Boston Flats affected by last summer’s fire

Quilters in B.C. and Alberta worked through the summer and fall to create more than 100 quilts.

Island Health: No need for alarm in wake of Victoria needle-prick incidents

Three incidents in a week prompts meeting between health authority, city service providers

B.C. coast loggers celebrate history, hope for improvement

Truck Loggers Association awaits B.C. NDP government’s new direction

Possible explosive device found in Kamloops home

The RCMP explosive disposal unit from the Lower Mainland was called to neutralize the device

Okanagan Symphony offers taste of Vienna

The Okanagan Symphony Orchestra presents Viennese Delights in Jan. 19-21

Global Affairs aware of report of two Canadians kidnapped in Nigeria

The foreigners were heading south from Kafanchan to Abuja when they were ambushed around Kagarko

Whistler role in potential Calgary Olympic bid would be welcome: IOC

Calgary is mulling whether to vie for the 2026 Games, and could look to facilities in B.C.

Letter: With presidents, the more things change…

Kelowna letter-writer says some things never change

Most Read