A Supreme Court of British Columbia petition has been filed by qathet Regional District (qRD) Electoral Area B director Mark Gisborne and other petitioners against the qRD and Electoral Area C director Clay Brander.
According to a petition to the supreme court dated February 18, from the petitioner's lawyer Daniel H. Coles, what is referred to in the petition as the orders sought includes a declaration that Brander is disqualified from holding office and that his office is now vacant. The orders sought also calls for costs of the proceedings payable by the qRD to the petitioners. The petition alleges conflict of interest by Brander regarding a zoning bylaw relating to the Douglas Bay Road area, of which Brander is a resident and owner of one of 17 properties affected by the bylaw.
The supreme court petition alleges that in breach of the Community Charter, since October 2019, Brander has attended three meetings hosted by the qRD for the purpose of seeking feedback on the Douglas Bay Road zoning bylaw. It also states that beginning in November 2021, Brander has participated in discussion, moved a resolution and voted in furtherance of a proposed censure and sanction against Gisborne, who, to date, has been the lone director voting in opposition and scrutinizing the Douglas Bay Road zoning bylaw.
“The attempted influence is an effort by director Brander to shore-up support for the proposed Douglas Bay Road zoning bylaw on the one hand, and on the other, intimidate and silence the director who opposes the proposed bylaw – and any other director or directors who may be considering scrutinizing or voting against the same,” the petition stated.
“Director Brander has breached and continues to act in breach of the Community Charter’s provisions against conflict of interest dealings. The attempted influence is in contravention of the Community Charter, the regional district’s code of conduct, and the common law prohibiting elected representatives acting when in a conflict of interest.”
The petition states that Gisborne and the other electors named in the petition require that Brander be disqualified from office and his seat declared vacant.
At the February 24 regional board meeting, directors voted in favour of the Douglas Bay Road zoning bylaw, with Gisborne opposed. The bylaw restricts any new commercial or industrial activity within the defined Douglas Bay Road area. Brander absented himself from the vote and was not in the regional district boardroom for discussion and voting on the bylaw.
After an in camera session at the February 24 regional board meeting, during the rise and report portion of the meeting, Electoral Area A director and board chair Patrick Brabazon read a prepared statement regarding the supreme court petition.
In the prepared statement, Brabazon stated that it appears to the regional district board of directors that Brander has observed the requirements of the Community Charter respecting declaring a conflict of interest and not participating in the discussion or casting a vote at a meeting of the board in respect to the Douglas Bay Road zoning bylaw.
In the prepared statement, it indicated the regional board resolves to indemnify Brander for his legal costs in responding to the petition and to agree to joint representation of the qRD and Brander by the law firm Young Anderson in respect of the petition. The board also resolves to retain and appoint counsel to represent the qRD to respond to the supreme court petition in Gisborne et al versus qathet Regional District and director Clay Brander.
The Peak contacted qRD chief administrative officer Al Radke and Brander after the meeting and both stated that they could not comment regarding the matter because it is before the supreme court. Radke also indicated that as of March 2, a statement of defence had not been filed by the qRD.
