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October 30, 2017 4:44 pm

Skakun Loses Appeal of Privacy Act Conviction

Wednesday, July 25, 2012 @ 3:47 AM
Prince George, B.C. – Prince George city councilor Brian Skakun says he is disappointed to learn that the appeal of his conviction for breaching the Freedom of Information and Protection of Privacy Act has been dismissed by B.C. Supreme Court Justice Selwyn Romilly.

 

The conviction came about after the confidential Kitty Heller report, which examined complaints from some civic employees at the RCMP detachment in Prince George, was released to the CBC. The news outlet then published the report on its website.

 

According to Councilor Skakun’s lawyer, Jon Duncan, the Provincial Court Judge who heard the case, Kenneth Ball, showed an apprehension of bias. Duncan says during the 10 day trial, Judge Ball exercised "ongoing interference" with Defense, did not support his call for full disclosure of more documents from City Hall, made rapid decisions on submissions and that he ruled Councilor Skakun’s testimony as unreliable.

 

In short, Duncan said Judge Ball’s decision lacked detail to support the reasons for his decision, and he erred in ruling that Skakun was an Officer of the public body, therefore was bound by the rules of the Freedom of Information and Protection of Privacy Act.

 

However, Justice Romilly has ruled against Duncan’s argument. No reasons for the decision have been made available. Skakun says he will be meeting with his lawyer in the next few weeks to discuss any possible options.

Comments

Just let it go Brian. Time to move on, just chalk it up as a huge and illegal mistake and learn from it, we are all sick and tired of hearing about it.

I agree, Brian should let it go now. He should walk round tall knowing that the citizens of PG approved of his actions when they voted him back in as a councilor

Hey Dumb and Dumber. If you do the crime, you can’t do the whine. Get over it.

“he should walk around tall knowing the citizens of PG approved his actions” yeah right..thanks for the morning laugh.

Brian was supported by a huge amount of PG citizens in this matter. It’s very interesting to me that the two people who were trying the most to remove or censor Brian both failed to get re-elected and yet Brian was!

That say a lot!

Walk tall Brian, you have my support and always have… but I agree, it’s time to let it go.

No surprise at all… I wonder if he’ll appeal the appeal?

And how much did all of this nonsense cost taxpayers? I wonder if we’ll ever know that?

newtechguy – It’s very interesting to me that the two people who were trying the most to remove or censor Brian both failed to get re-elected and yet Brian was!

I recall at the time it was Councillor Green who was pushing the hardest to censor Councillor Skakun…until Mayor Rogers stepped down from the censor hearing and Green took his place as acting Mayor….well you know the rest of the story, “you scratch my back I’ll scratch yours”. Too bad Councillor Munoz lost her seat because of this fiasco, all because she spoke the truth when asked. Councillor Munoz, at the time did not participate in trying to remove him and she removed herself from Council’s censor hearing but no doubt it did hurt her at the polls.

I agree its time for Councilor Skakun to move on, maybe he should focus on running for the Mayor’s seat in the next election. He recieved almost twice as many votes as Shari Green. The voting public seems to favor him.

“And how much did all of this nonsense cost taxpayers? I wonder if we’ll ever know that?”

Probably nowhere near what the Liberals in BC have cost us.

Brian had very little appeal to begin with….not surprised he lost the remaining bit;P

He is not the sharpest tool in the drawer, does an end run around the process in place, admits as much in court, yet professes his innocence? Will he be named in the lawsuits that are sure to follow?

I like ya Brian but continuing to profess your innocence when you have been found guilty not once but twice if you count the appeal, is starting to be a bit insulting.

While you won the war of words in the media and should win an award for your spin on this bizarre case by somehow playing the victim, at the end of the day (and please let this be the end) you lost the case and are guilty of breaking the law.

People with integrity apologize to those who were impacted by their illegal actions. That would of course include all the citizens of Prince George whose taxes went to pay for the legal fees for those you dragged into court during your ill-fated attempt to get off on a technicality. It didn’t work, you broke the law and in my opinion broke your oath of office.

People with integrity also admit when they make a mistake and take responsibility. In your case because you broke the law in the performance of your duty as an elected official by releasing confidential personal information you took an oath to protect. IMO you don’t need to take two weeks to consult with your lawyer (or your spin doctors) just do the right thing and resign.

Yeah, it’s scary to think there’s a segment of PG who still think this guy would make a good mayor, even after all of the BS.

I would have been fine if he just came out and said he made a mistake, a lapse in judgement, broke the law and paid the price. But no, he had to portray himself as some sort of pseudo-whistleblower and a victim and play it all out in the courts. Ridiculous.

His next step is probably to appeal to supreme court of Canada. Let it go buddy.

I would have been fine if he just came out and said he made a mistake,

Strange how some veiw the actions of others. It was not a mistake Brian did the act because there was an injustice to others.and his intention was to help .

The fact is there were employees being harassed and no one would step upto the plate to help and Brian did. And a lot of voters thought that he did the right thing.
Cheers

Someone should be asking why the CBC felt it was okay to exposed a confidential source by publishing the report online.

For those still defending Skakun’s actions on this I might suggest you take a moment or two to read the decision of the court. http://canlii.ca/t/flsrj Don’t get me wrong, I like Brian and continue to think he’s a pretty good councilor but that support doesn’t extend to condoning his illegal actions in leaking confidential personal information.

I particularly found paragraph [59] interesting in that in part it says Skakun sat in a Council meeting with Mayor Kingsley and other councilors in 2008 and voted in favor of having the city manager conduct an investigation (one that turned out to be costly and time consuming) into the illegal disclosure of the Heller report to the CBC. So he kept quiet and actually voted in favor of an investigation knowing full well he was the one who was guilty of releasing the confidential information. Wow.

Paragraphs [97] and [98] are also interesting as it pretty well clears city administration of doing anything but acting in a professional manner in dealing with the HR issue.

I also saw further analysis of this precedent setting case (and there is plenty of it on various legal websites) at the following website http://www3.quicklaw.com/cgi-bin/LNC-prod/lnetdocf.pl?DOCNO=916#top

I found these to be interesting reads but then again being off work I have a little time on my hands :)

maybe we could have used all of that wasted money on legal fees to repave the roads…;)

C’mon Jon, you must have other clients to attend to?
Quit flogging a dead horse!

I would like to add that Brain paid his own legal fees. And yes the City could of used the tax payers momey for another purpose They however had too cover their own butt and took Brian to court.
Cheers

Retired… No he did not.. he did pay a part of them but had people contribute to his “please pay my fees fund” His union paid a nice chunk of it(ask the members what they thought about that ) .
After of course he tried to get us to pay for it with tax dollars.

Not to prolong this discussion but “Retired 02” you are absolutely wrong in saying the city took Brian to court.

Our judicial system is independent of the political arm of government as it should be and municipalities have no authority whatsoever to “take someone to court” unless of course there is civil action which in this case did not happen.

Provincial crown counsel reviewed the case and they alone decided to proceed with a charge and the rest, so to speak is history.

Yawn…….let it rest!

“Yawn…….let it rest!”

We wish Brian Skakun had taken your advice!

Time end this and move on. There are other more important issues to deal with.

At first I supported Brian, but it got dragged out by everyone on council, I stopped supporting all of the previous councillors. No one was big enough to say enough is enough to end it. Everyone’s ego got in the way and more important stuff got pushed to the side.

Move on. You had your turn in front of a judge. Move on. Old and tired story.

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