Mayor cleared, lawyer targets appeal

Richard Rolke - Vernon Morning Star Published: July 04, 2009 12:00 PM

Legal troubles may not be over for Spallumcheen’s mayor. The lawyer representing 39 residents who alleged Will Hansma was in conflict of interest is not satisfied with a judge’s dismissal of the charges. “They need to look at an appeal and I recommend they appeal it,” said Danica Djordjevich, an Armstrong-based lawyer. The residents allege Hansma was in a conflict regarding amendments to Spallumcheen’s official community plan because his sons owned property in the area affected by the change.

But Justice Peter Rogers, with the B.C. Supreme Court, disagreed. “In essence, the petitioners argue that the court must assume that because he is their father, this mayor must be taken to desire financial advancement for his sons, and further that because of that father and son relationship, improvement of the sons’ affairs will necessarily equate to an improvement of the mayor’s estate,” he wrote in his judgement Thursday. “In my view, the law has not yet come so far as to permit such inferences to be drawn, at least not without there being some evidence to support them. None of the authorities upon which the petitioners rely go that far — they all contain at least some evidence showing a link between the pecuniary interests of the official and the pecuniary interests of the party whose affairs were affected by the matter under discussion. But in the present case there is absolutely no evidence at all to link the mayor’s sons’ pecuniary interests to his own.”

Direct or indirect pecuniary interest aside, Djordjevich suggests the ruling could set a negative precedent across B.C. “It’s about public perception and what people feel is the taint to the process of government,” she said of relationships between elected officials and those who make applications to municipalities. “Good government not only needs to happen, it must be seen to be happening.” Djordjevich is waiting to hear from her clients as to whether there will be an appeal to the B.C. Court of Appeal.

Hansma believes there is no opportunity for appeal. “This can’t continue. This is their (39 residents) petition and their voice was heard,” he said. “I’m really happy with the ruling. It clearly sets out no conflict and that I acted within accordance of the municipal act.” Hansma’s lawyer had argued that the mayor was not in a conflict because he would not gain from changes to the OCP. “Every zone in the township was being dealt with,” said Hansma. When asked if he would have handled the situation differently or left the room when the OCP came before council for a vote, Hansma replied, “No regrets whatsoever.” He added that he based his actions on two legal opinions stating he wasn’t in a conflict and the allegations have been difficult personally. “It was my credibility on the line, my family’s credibility on the line — that we would do something crooked.” Rogers has ordered the 39 petitioners to cover Hansma’s legal bill. Hansma isn’t sure what those costs may be but he did borrow $5,000 from the township to go towards his expenses.