Jay Chalke is the Ombudsperson for B.C. (BC Government photo)

Jay Chalke is the Ombudsperson for B.C. (BC Government photo)

Barring public from open council meetings exceeds authority: B.C. Ombudsperson

Orders affected the public attending council meetings

A government order allowing municipal councils to bar the public from attending open council meetings went beyond ministerial authority, the B.C. Ombudsperson has found.

Jay Chalke, B.C.’s Ombudsperson, has released an investigative report stating that Mike Farnworth, minister of public safety and solicitor general did not have the authority to issue two ministerial orders, that suspended or amended existing legislation.

The report called Extraordinary Times, Extraordinary Measures: Two Ministerial orders made under the Emergency Act in response to the COVID-19 pandemic, found that Ministerial Order 139 and 098 were illegal.

M139 has been the focus of Express stories recently, with Vanderhoof council citing that order as the reason for not allowing members of the public or media to attend or watch council meetings since the pandemic began in March.

M139 was rescinded last week and was replaced by a newer order after the Ombudsperson shared his draft report with the government.

Even though the new local government order is an improvement, Chalke said it still suspends or amends B.C. statutes which is the main issue the Ombudsperson had found in the original order (M139).

READ MORE: Public, media blocked from Vanderhoof council meetings for months

During a provincial emergency, the solicitor general has extraordinary powers, and Chalke said his office investigated “whether those extra powers include the ability for the minister to suspend or temporarily amend B.C. statutes and we concluded the minister does not have that authority, even in an emergency.”

READ MORE: New ministerial guidelines require B.C. councils to make public meetings accessible

Chalke said he recognizes that speed is important in responding to the pandemic; however, “while the intent and even the content of these orders may be worthy, that is not enough.”

“Every exercise of public authority in a democratic system must find its source in law,” Chalke stated in a June 22 press release.

Vanderhoof district council has said it will consider electronic broadcasts of open meetings, or other options, but that those could take weeks to implement.


Aman Parhar
Editor, Vanderhoof Omineca Express

aman.parhar@ominecaexpress.com

Like us on Facebook and follow us on Twitter

City CouncilCoronavirus

Just Posted

A proposal for a cannabis dispensary on Annacis Island is heading to public hearing after Delta council gave the application first and second reading on Monday, June 14, 2021. (City of Delta staff report image)
Delta cannabis dispensary application headed to public hearing

Store and warehouse proposed for medium industrial-zoned property on Annacis Island

SFN councillor Joanne Charles, White Rock Mayor Darryl Walker and Coun. David Chesney listen to welcoming remarks from Chief Harley Chappell (Xwopokton). (FIle photo)
White Rock, SFN grieve together on National Indigenous Peoples Day

Residents encouraged to wear orange on Canada Day

White Rock beach was buzzing with activity on Father’s Day. (Aaron Hinks photo)
PHOTOS: White Rock beach buzzing with activity on Father’s Day

High of 27C drew hundreds of people to the beach

Surrey RCMP are investigating after shots were fired at a white Jeep Saturday evening in Newton. (Shane MacKichan photo)
UPDATE: Surrey RCMP asking for video after shots fired in Newton

Surrey RCMP said a silver SUV shot at a white Jeep

Converter thefts have increased dramatically as the price of platinum has skyrocketed. (Ryan Remiorz/The Canadian Press photo)
Catalytic converter thefts continue to plague Delta

Police say the thefts are on the rise across the city, with seven incidents on Thursday, June 17

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

FILE – Most lanes remain closed at the Peace Arch border crossing into the U.S. from Canada, where the shared border has been closed for nonessential travel in an effort to prevent the spread of the coronavirus, Thursday, May 7, 2020, in Blaine, Wash. The restrictions at the border took effect March 21, while allowing trade and other travel deemed essential to continue. (AP Photo/Elaine Thompson)
Feds to issue update on border measures for fully vaccinated Canadians, permanent residents

Border with U.S. to remain closed to most until at least July 21

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

(Black Press Media files)
Burnaby RCMP look for witnesses in hit-and-run that left motorcyclist dead

Investigators believe that the suspect vehicle rear-ended the motorcycle before fleeing the scene

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

A police pursuit involving Abbotsford Police ended in Langley Saturday night, June 20. (Black Press Media file)
Abbotsford Police pursuit ends in Langley with guns drawn

One person arrested, witnesses say an officer may have been hurt in collision with suspect vehicle

(file)
Pedestrian hit by police vehicle in Langley

Injuries described as serious, requiring surgery

Most Read