B.C. legislature senior officials under investigation

Two senior officers of the B.C. legislature, Clerk of the House Craig James and Sergeant-at-Arms Gary Lenz, have been suspended pending an “unprecedented” criminal investigation by the RCMP.

The B.C. RCMP say the investigation comes as a result of allegations regarding their administrative duties.

A special prosecutor has been assigned to the case, said Alan Mullen, special adviser to Speaker Darryl Plecas.

Mullen did not give details on the ongoing criminal investigation or how long it has been underway, saying he did not want to jeopardize the RMCP’s work. Mullen said the criminal investigation into two senior legislative officers is “absolutely unprecedented. It’s disturbing.”

No criminal charges have been laid.

In an interview with reporters, James said he was stunned by the investigation.

He said neither he nor Lenz have any idea what the investigation is about. Plecas asked Lenz and James to meet in his office after question period but was unable to give details on the focus of the investigation, he said.

“He looked quite distressed and wasn’t able to convey anything to me,” James said.

James said he and Lenz will be seeking legal advice.

“Somebody knows something, and I think out of fairness, both Gary and I should have been informed before we were placed on administrative leave (about) exactly what it involves,” James said. “I think it’s very unfair, very unfortunate and very disappointing. We have no idea what’s going on.”

Mullens would not say who decided to forward the allegations to the RCMP.

James and Lenz were escorted from the building by Victoria police officers and will not be allowed to return until the investigation is complete. Their work cellphones were confiscated and they will not have access to government servers, emails or documents.

Lenz is in charge of protective services at the B.C. legislature, which includes MLAs and their constituency offices. He is a former Sidney/North Saanich RCMP officer.

James, who has been clerk since 2011, is the top administrative officer for the legislative assembly, responsible for its $70-million annual budget and procedural matters.

In an email, RCMP spokeswoman Sgt. Janelle Shoihet, said: “The RCMP has an active investigation underway, with respect to allegations pertaining to their administrative duties, and we are not in a position to provide any other details or specifics.

“A thorough investigation is underway and will take the time necessary,” she said.

“Given the nature and the roles of the individuals involved, the RCMP sought the appointment of a special prosecutor.”

In a statement, the B.C. Prosecution Service said that assistant deputy attorney general Peter Juk received a formal request from the RCMP on Sept. 28 that he consider appointing a special prosecutor to provide police with legal advice during the course of their investigation.

Juk decided to appoint a special prosecutor and determined that because of the “potential size and scope of the investigation” that two special prosecutors would be needed.

David Butcher and Brock Martland were appointed special prosecutors on Oct. 1.

A special prosecutor, which is independent from government, is appointed when there is a significant potential for a perceived or real improper influence in prosecutorial decision-making in a given case, according to the B.C. Prosecution Service.

“The paramount consideration is the need to maintain public confidence in the administration of criminal justice,” the agency says.

The special prosecutors will offer legal advice to the RCMP, conduct an independent assessment of any report to crown counsel that may be submitted and deciding on whether charges should be laid. They will provide a written report to the assistant deputy attorney general on their charge assessment and reasons for the decision.

The motion to put the men on administrative leave was read by government house leader and Minister of Public Safety Mike Farnworth during question period. It passed unanimously.

Farnworth would not comment on the investigation or the reason for the suspension.

Premier John Horgan said he was briefed by Farnworth on the criminal investigation and the special prosecutor on Monday.

“It was shocking, to be sure,” Horgan said. “I am certainly very concerned that whatever investigation that’s underway is completed as quickly as possible, for the individuals involved but also for our institutions.”

— with files from Louise Dickson