Skakun Guilty
By 250 News
Tuesday, May 24, 2011 11:45 AM
Councillor Skakun talks with reporters outside Courthouse after being found guilty of breaching Freedom of Information and Protection of Privacy Act.
Prince George, B.C. – Prince George City Councillor Brian Skakun has been found guilty of breaching the Freedom of Information and Protection of Privacy Act. He has been fined $750 plus a 15% surcharge. The court has given him three months to pay.
In his decision, Judge Kenneth Ball examined the four defence opositions out forth by Skakun:
1. That the Act did not apply because Skakun is not an "officer". Judge Ball says in swearing an oath of office, Skakun is an officer of a public body, and refered to the Community Charter and the Local Government Act in their definitions of a "public officer".
2.That charges were laid outside the year long time frame allowed. Judge Ball said he beleived Debora Munoz when she testified Skakun had told her that he had given the confidential report to the CBC, and it appeared on the CBC's website "the next day". That meant the report had been handed over on the 18th of August, as it was published on the website on August 19th. The charges were laid in early August of 2009, within the allowable limit.
3. Whistleblower defense: Judge Ball said such a defense is not available to Mr. Skakun as it is not used in a "quasi criminal" case, and that it is only available once all other avenues to lead to release of information had been explored. The Judge ruled Skakun had not followed any "processes available to lawfully release the report."
4. Charter challenge under the Charter of Rights and Freedoms: Judge Ball said that since he saw no final submissions on this defense, he was assuming the Charter Challenge had been abandoned.
Judge Ball said he could not accept the evidence given by Skakun that he could not recall who he handed the report to at the CBC, "I do not believe him when he says he does not know to whom he gave the report". He said Skakun's testimony "was not reliable nor credible."
The case stems from the release of a confidential report which examined allegations of harassment at the Prince George RCMP detachment. The City had launched the investigation by labour lawyer Kitty Heller after two employees lodged complaints against their manager, her superior, and the Superintendent of the detachment.
Heller could not investigate the allegations against the Superintendent as that would be handled by the RCMP, but she did conclude there was no foundation to the allegations against the two City Managers however, added she thought there was a conflict of interest in that Anne Bailey ( one of the City Managers facing allegations) was romantically involved with the Superintendent of the Detachment.
The Heller report eventually found its way on to the CBC website in August of 2008, several months after the report had actually been delivered to the City. Councillor Skakun admitted giving a copy of the report to someone at the CBC studio in Prince George, advising them to “look into this.” But his lawyer argued Skakun was not subject to the Freedom of Information and Protection of Privacy Act as he is neither a director, nor officer of the City.
Skakun says he doesn't know what his next steps will be. In reacting to the ruling of the court, Skakun said he was "Extremely disappointed".
Skakun says he believes his lawyer put forth good legal arguments "The Judge, in our opinion has changed municipal law, I am now an officer, that changes my duty of loyalty. We had some other good arguments and the Judge didn't support us."
Skakun was very critical about the Judge who heard the case.
"I am troubled with the decision today, I'm going to discuss with my lawyer what we might do from here on in."
Skakun says he will not resign from his position as City Councillor, that is something he says he will leave up to the voters in Prince George "If the people of this community don't want to re-elect me, then don't re-elect me."
Skakun says his legal bill is more than $25 thousand dollars
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