B.C. conflict watchdog rejects Liberal complaint against Attorney General

VICTORIA (NEWS 1130) — B.C.’s conflict of interest watchdog says he has nothing to investigate after the opposition Liberals claimed the province’s top lawyer is in trouble over his proposed changes to political recalls.

B.C. Liberal leader Andrew Wilkinson filed a complained with the Office of the Conflict of Interest Commissioner on Oct. 31, alleging Attorney General David Eby’s proposed changes to the Recall and Initiative Act placed “significant limitations” on those who want to initiate or take part in a recall campaign of their provincial representative.

The changes, outlined in Bill 53, would ban corporate and union donations, limit campaign spending to $5,000 and limit the number of campaigns against one MLA. The donation changes are in line with the province’s previous ban on union and corporate donations to political parties.

The Liberals also claim Eby has introduced the legislation to prevent a potential recall against himself and is therefore in a conflict of interest.

However, in a ruling Tuesday, Commissioner Paul Fraser said he cannot offer his opinion on the matter because there is no current recall petition out for Eby.

“The policy of this office is not to give opinions on hypothetical matters,” Fraser wrote in his decision. “Unless and until a recall is initiated, the questions [Wilkinson] poses do not give rise to a live issue or controversy for opinion from me.”

Recall petitions cannot be initiated until 18 months after an MLA is elected, which for every sitting provincial representative means Nov. 13.

“Once [Bill 53] has been passed, that becomes a whole different thing because it’s no longer theoretical, it’s real,” Wilkinson said, following the decision. “We understand that there will be a recall effort against David Eby in his riding of Vancouver-Point Grey and then we’ll be going back to the conflict commissioner with the same question.”

No MLA has ever been recalled under the existing legislation.