Mayor Gregor Robertson and Coun. Geoff Meggs can stay on Vancouver city council, after a B.C. Supreme Court judge ruled against a conflict of interest petition on April 17.
Former Vision Vancouver member Randy Helten and four other citizens sought their disqualification based on Meggs’ statements in an audio recording leaked to the Courier from the Oct. 14, 2014 meeting of the city’s outside workers’ union.
Meggs, one of four Vision candidates who spoke to CUPE Local 1004, pledged on behalf of the Mayor that his party would not contract-out work if re-elected. Local 1004 members voted later to donate $34,000 to Vision, a sum that was matched by B.C. and national CUPE headquarters.
“As the petitioners' counsel (David Wotherspoon) acknowledged during argument, and the cases establish, there is nothing wrong with a politician stating his policy in the hopes of obtaining votes or campaign contributions,” wrote Justice Elliott Myers. “There is also nothing untoward with contributions being made by supporters of that position.”
Myers ruled no evidence was presented at the March 31 and April 1 hearings that the donation was “anything other than a lawful political contribution.”
“There is no evidence of an agreement between the respondents and Local 1004 to the effect that if a contribution was made, the respondents would take a particular position or that if a contribution was not made they would not take that position,” he wrote. “Rather, the respondents' long-standing view, one made public well before the current election, was against contracting out of union positions.”
On the recording, Local 1004 political action committee member Kyla Epstein said the donation was intended to “carry favour” with Vision in contract talks. But, Myers ruled, “That phrase was Ms. Epstein's; not the respondents'. There is nothing to show that the petitioners were aware of her statement or what underlies it.”
Myers also wrote that an anonymous recording would normally not be admitted as evidence, but Meggs and Local 1004 recording secretary Jessica Landgraff both agreed a transcript appeared accurate and Vision lawyer Bryan Baynham relied on some of a Local 1004 member’s comments.
Helten told the Courier the verdict was a surprise and an appeal would be considered.
“He basically missed the essence of our case,” Helten said. “The issues that Robertson and Meggs should have returned the money or made a public denial is not addressed.
“The union’s contract is coming up in December and there is this arrangement between Vision Vancouver and a specific union regarding the specific outcome of the negotiation is already publicly known.”
Helten ultimately hopes the case spurs public discussion on the role of money in politics and elections. Vision had said in early 2014 that it wanted the province to ban union and corporate donations, but proceeded to raise $1.9 million from corporations and $360,270 from unions.
Meanwhile, Vision’s defamation lawsuit remains active against the NPA, which called the no contracting out promise and CUPE donation “corrupt.”
