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Councillor Faces Charge of Breaching Privacy Act

By 250 News

Wednesday, August 19, 2009 05:34 AM

Prince George, B.C.- Three term City Councillor Brian Skakun is the person facing a charge of breaching the Freedom of Information and Protection of Privacy Act.
The charge is connected to the unauthorized release of a confidential report on allegations against two senior employees of the RCMP detachment. ( see previous story)
The CBC obtained a copy of the Confidential Heller report. That prompted the City to ask for an RCMP investigation into the unsanctioned release of the report.
The eleven month investigation resulted in Councillor Brian Skakun being served with a summons. He is expected to make his first court appearance on September 22nd.

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Comments

Wow..the rumours were right!
Well, that's a real shame. I like Brian & I think he does a great job as a councillor. Hopefully, all goes well for him.
I think he is still innocent until proven guitly????

I like him. I'm very sad to hear that he is in this situation. I hope it turns out well.
The City was aware of this report for 6 months before it was obtained by the CBC. No action whatsoever had been taken. I honestly do not believe any action would have been taken had it not been released.
Right or wrong, it brought to light the BS that was taking place and how City Council had no intention whatsoever to do anything about it.
If Brian did indeed leak this report, I say GOOD!!!
This in no way whatsoever taints my opinion of Brian. I still believe he is one of the few I have ever seen with a backbone.
Thanks for your work on this story Ben. For those that haven't read (or don't remember) the details around this, here's Ben's original story from last year.


http://www.opinion250.com/blog/view/10433/7/look+at+all+the+people+who+are+calling+the+kettle+black
Now the Government as to get something on him for launching the HST petition...shame on them!
NO way, he should not resign. He's the only one on counsel that I do trust. I say good for him. The public has a right to know about the crap that goes on in the RCMP. I'll vote for him again. Good job Brian.
What's the maximum for this offense? 2000 dollars and no criminal record. Smells like a politically motivated charge to me. Wake me up when they get caught doing something really bad. :)
Brian Skakun for mayor?
I agree... innocent until proven guilty.. however...step down Brian until this is over with.
Breach of trust allegations are very limiting to this type of career.

Right or wrong, you wear it for a lifetime.

The people involved had a reasonable expectation of privacy regardless of their personal shortcomings.

You all would be calling for "justice" if it were your privacy, and I would be too.
In my eyes, as this puzzle unfolds one more time, this was all about ethics, duty and due diligence right from the very beginning.

There is more than one person or one organization, in my view, that needs to look inward whether they did the right thing or not. Skakun is not the only one.

He may also not be the last one as this matter continues.
"The people involved had a reasonable expectation of privacy regardless of their personal shortcomings."

They may have had an expectation. The realities of life are different as are conflict of interest policies, procedures and guidelines.

When one takes on higher positions in organizations one does not bring their personal life into the workplace. Any reasonable expectation of privacy flies out the window when one does.

There is a well known fact about conflict of interest. It does not matter whether there is an actual conflict taking place. The mere appearance of a conflict of interest is a conflict of interest.

BTW, does anyone have a clue as to what the policies of the City and the RCMP are about personal relationships in the workplace? Would be nice to know. Nothing private about that.
"They may have had an expectation. The realities of life are different as are conflict of interest policies, procedures and guidelines."

Gus, I was referring only to the contents of the report, not the contents of their bed.
Interesting editing process at this site. Comments that are disagreed with by the editor are deleted giving the reader the impression that everyone in Prince George follows the same narrow path.

Yellow journalism at it's worst.
I'm not sure why some people still think they can say anything they want on this site, no matter how misguided, scandalous or libelous it might be.

The moderators of this site are more than entitled to delete any comments they see fit, much like letters to the editor in a local newspaper. If you don't like it, start your own site and say whatever you want.
The comments that were removed suggest that someone is guilty before they have had a hearing, you simply cannot do that and it carries severe penalties with it.

I have a standard policy, if you think your comments are not crossing the line simply get your lawyer to swear out a declaration in which you assume all costs involved with any legal action, you might also include the lawyer who writes the letter absolving Opinion250 of any damages and send it along to us, then we will post whatever you want, and let the shoe drop were it may.
"Gus, I was referring only to the contents of the report, not the contents of their bed."

Me too. Not sure why you got the message that it had anything to bed.

I think one of the issues in the case will be whether the information tht was released was personal as opposed to confidential. There is a considerable difference between the two.

The section he is charged with states:
"30.4 An employee, officer or director of a public body or an employee or associate of a service provider who has access, whether authorized or unauthorized, to PERSONAL INFORMATION in the custody or control of a public body, must not disclose that information except as authorized under this Act."

There is no doubt the information was "confidential". But the Act is not about confidential information. It is about personal information.

The matter of breaching the confidence of Council, if that actually took place, is a matter of discipline within Council. The guidance for that, other than ethics, would be policies surrounding the handling of confidential information and any procedures which may fall out of that, including the consequences of breaching the confidence. The Act does not deal with that.

???????????

I don't know where you get your lawbooks.
Hey Gus: where did you go Law School? Could you direct us to the case law for your argument?

The Freedom of Information and Protection of Privacy Act - clearly states you can not do what Councilor Skakun has been accused of. However you may have some case law to argue your case.
I am disappointed by my comments being deleted. I clearly stated that Mr Skakun is indeed innocent until proven guilty I merely asked him to step down until this unfortunate matter was dealt with. I pointed out that in politics perception can be as damning as being guilty. As for Mr PG please refrain from assuming anything I have written being misguided,scandelous or libelous..I take offense to that (gee why hasn't mr miesner deleted that)?
I am disappointed by my comments being deleted. I clearly stated that Mr Skakun is indeed innocent until proven guilty I merely asked him to step down until this unfortunate matter was dealt with. I pointed out that in politics perception can be as damning as being guilty. As for Mr PG please refrain from assuming anything I have written being misguided,scandelous or libelous..I take offense to that (gee why hasn't mr miesner deleted that)?
I believe if someone is accused of anything,including minors or cops or me, it should be public knowledge --whether or not they are guilty! Just like it was in the old days when people used logic rather than stupid laws made by stupid people. This blah,blah,blah act is rediculous. Honest people don't need these laws. Crooked people do. Go Brian!
Confidential - Information pertaining to an entity, such as a city, a company, operations guidelines, inside information, etc.

Personal and Private - anything naming a person (that person has a right to privacy regarding the document because they have been named in it)
Brian is not the GUILTY Party here. I hope my tax dollars are not being used to try to take him down. I suport him trust him and would vote for him again, maybe for Mayor. Fight hard Brian,do not give up.