DON’T EXPECT MOUNTIES TO GIVE SPEEDY ANSWERS
Stunning investigation into senior officials at legislature apt to take months to unfold
As the clock ran out on question period Tuesday morning, several members of the legislative chamber signalled reporters in the gallery above to stick around because something was up. Something big.
Minutes later, NDP House leader Mike Farnworth interrupted the regular proceedings to move a bombshell motion.
“That Mr. Craig James, clerk of the legislative assembly, and Mr. Gary Lenz, sergeant-at-arms, are placed on administrative leave with pay and benefits, effective immediately.”
Barely were the words out of his mouth, than the vote was called and passed unanimously. The support of all three parties in the legislature is a necessary condition for ousting non-partisan officers of the house.
With that, the legislature’s senior administrator and keeper of parliamentary procedure and the official in charge of security were suspended. And not just suspended, but ordered out of the building.
The rest of the motion dictated that “as a consequence of an outstanding investigation,” the two “must not access legislative assembly network equipment, systems or services and must not be present within any building that is part of the legislative precinct.”
Within the hour, James and Lenz had to turn in their keys and legislature phones and gather any personal effects.
They were then escorted out by the police.
A shaken James spoke briefly to reporters on his way out the door, saying he had been told nothing about why he was being placed on leave.
“I think it’s very unfair and very unfortunate and very disappointing,” said the veteran clerk. “Somebody knows something and I think out of the fairness principle, both Gary and I should be informed exactly what it involves.”
The New Democrats, Greens and B.C. Liberals, having consented to the ouster on the floor of the house, were saying nothing beyond the wording of the motion.
Though, as Farnworth issued his no comment, several of my colleagues noted that his hands were shaking.
Finally, shortly after noon, the first official explanation emerged from the office of the Speaker of the legislature, Darryl Plecas.
Not that Plecas himself deigned to talk to reporters. Rather, that was left to Alan Mullen, a former manager at the Kent correctional institute, hired by the Speaker earlier this year to serve as a special adviser on political and other matters.
“We can confirm that there is an active and ongoing criminal investigation being conducted by the RCMP and that a special prosecutor has been assigned,” said Mullen, reading a statement from the Speaker’s office.
He also confirmed that Plecas broke the devastating news to the two officials, meeting with them in his office as the motion for their ouster was making its expedited way through the house.
“As far as I know, it’s absolutely unprecedented,” said Mullen. “And if I can be frank, it’s disturbing, it’s disruptive.” At the same time, he insisted, “this is non-political, it is not politically driven.”
Beyond that he didn’t say much, other than that the investigation into James and Lenz was “directly looking at their administrative duties.”
Premier John Horgan backed up the timeline to Monday of this week when he met with reporters for his weekly scrum in early afternoon.
“I learned about it yesterday when I was briefed by Mike Farnworth,” said Horgan. “I was advised that there was an investigation and it was the consensus of the house leaders and Speaker’s office this be the course of action.”
Beyond that, nothing. “I really can’t comment because I don’t know what the allegations are, I don’t know what the scope of any investigations were.”
The RCMP shed no more light in a statement issued in early afternoon.
“We are aware of the activities that took place today at the B.C. legislature,” it read in part. “A thorough investigation is underway and will take the time necessary. Given the nature and the roles of the individuals involved, the RCMP sought the appointment of a special prosecutor.”
A few more details emerged at mid-afternoon, courtesy of the independent B.C. Prosecution Service.
“On September 28, 2018 the assistant deputy attorney general for the BCPS, Peter Juk, QC, received a formal request from the RCMP that he consider the appointment of a special prosecutor to provide police with legal advice during the course of their investigation … into the activities of senior staff at the B.C. legislature.”
After reviewing the request, Juk responded by appointing not one but two special prosecutors, David Butcher and Brock Martland.
The RCMP statement indicated that the force had asked for only one. But after reviewing the circumstances of the case, Juk concluded that “given the potential size and scope of the investigation two special prosecutors would be appointed.”
No precedent that I can recall for such a dual appointment in a case involving provincial officials or politicians. But then there’s a lot about this case that qualifies as “unprecedented.”
The premier, for his part, expressed the well-intentioned hope that “whatever investigation is underway is completed as quickly as possible for the individuals involved but also for our institutions.”
Alas for James, Lenz and the institution itself, experience suggests that even one investigation involving the RCMP and a special prosecutor can drag out for months or years.
With two “specials” on a case where the prosecution service has already flagged the size and scope of the investigation, I wouldn’t expect answers any time soon.
There’s a lot about this case that qualifies as ‘unprecedented.’