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.

Surrey North Delta Leader

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Deb Jack was named Surrey’s Good Citizen of the Year in 2012. (File photo)
Environmentalists’ delegation takes aim at Bear Creek Park road project

‘Bear Creek Park is ours – a natural heritage,’ Deb Jack says

Surrey-raised rapper Merkules outside his old Green Timbers-area house. Its looming demolition triggers some memories for the musician. (Photo: Tom Zillich)
VIDEO: Rapper Merkules visits old Surrey home one final time before its demolition

‘It’s weird seeing the place gutted like this,’ he says of the Green Timbers-area rancher

In a letter to Fraser Health president and CEO Dr. Victoria Lee dated May 11, Delta Mayor George Harvie confirmed the city’s interest in acquiring a head lease for the Harold and Veronica Savage Centre for Supportive Care, with the intention of subletting it to the recently-formed Heron Hospice Society of Delta. (The Canadian Press photo)
Mayor confirms Delta’s interest in leasing Centre for Supportive Care

Harvie says city intends to sublet the facility to recently-formed Heron Hospice Society of Delta

The City of Surrey has moved a step closer to its single-use plastics and styrofoam ban, approving a communication and education plan for businesses. (File photo)
Surrey moves forward with single-use plastics ban, anticipated to take effect in November

‘Communication and education plan’ to prepare businesses approved

Surrey-based entrepreneur Ekam Panesar, 19, says he’s ready to take on the big delivery apps with his Dishpal App. (Zoom meeting photo)
Surrey entrepreneur, 19, delivers Dishpal as alternative to ‘big’ food/grocery apps

Ekam Panesar got the idea to develop app as a 16-year-old enjoying a summertime meal with his father

Surrey-raised rapper Merkules outside his old Green Timbers-area house. Its looming demolition triggers some memories for the musician. (Photo: Tom Zillich)
VIDEO: Rapper Merkules visits old Surrey home one final time before its demolition

‘It’s weird seeing the place gutted like this,’ he says of the Green Timbers-area rancher

Keith MacIntyre - BC Libertarian
Penticton’s Keith MacIntyre new leader of the B.C. Libertarian Party

The Penticton businessman was voted in by members of the party on May 8

RCMP are searching for Philip Toner, who is a 'person of interest' in the investigation of a suspicious death in Kootenay National Park last week. Photo courtesy BC RCMP.
Man sought in suspicious Kootenay death found in Lake Country

Philip Toner is a person of interest in the death of Brenda Ware

Vernon North Okanagan RCMP reported to 287 mental health calls between Jan. 1, 2021, and May 1. (Black Press files)
‘It’s not the police’s responsibility to deal with mental health calls’: Vernon RCMP

RCMP remind public to take care of mental health and well-being, while better solutions are sought

Thompson Rivers University campus is in Kamloops, B.C. (KTW file photo)
Thompson Rivers the 1st B.C. university to supply free menstrual products

The university will offer the products this September

Fraser Health is using ‘targeted’ vaccination clinics in high-risk areas of the Lower Mainland. (Fraser Health photo)
B.C.’s COVID-19 decrease continues, 515 new cases Tuesday

426 seriously ill people in hospital, up from 415 Monday

The site of Sunfest, Laketown Ranch, will be open for camping this summer. (Citizen file)
Sunfest country music bash won’t be shining on B.C. in 2021

Annual Vancouver Island Festival cancelled due to COVID-19, along with Laketown Shakedown

Tla-o-qui-aht First Nation elected chief councillor Moses Martin, who was also Chantel Moore’s grandfather, speaks to media in Port Alberni on Aug. 16, 2020, during a visit from NDP leader Jagmeet Singh following the police shooting of Chantel Moore. (Elena Rardon photo)
Mother of 2 shot by police in critical condition, says B.C. First Nation chief

Community ‘devastated’ by third member of 1,150-person Vancouver Island nation shot in less than a year

B.C. Agriculture Minister Lana Popham promotes the government’s BuyBC food program in 2019. (B.C. government)
Money running out for fresh fruit, vegetables, milk in B.C. schools

‘Looking at ways to support this type of program,’ minister says

Most Read