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December 3, 2008
City appoints barrister to investigate information leak
The City of Vancouver today appointed Richard Peck, Q.C. to conduct an independent investigation regarding the leak of confidential information relating to the Olympic Village in Southeast False Creek.
Council passed a motion calling for the appointment of a barrister pursuant to sections 176 and 177 of the Vancouver Charter at its final council meeting November 25, 2008.
In accepting the appointment, Mr. Peck has indicated he will complete his inquiry in two phases. Phase one will focus on: the adequacy of City policies and procedures relating to in- camera meetings; the treatment of sensitive documents, and the use of the confidential information. The second phase of the inquiry will, if necessary, be a fact-finding process to determine to a reasonable degree of certainty how and by whom confidential information was disclosed. The necessity of the second phase will be decided pending the outcome of the current Vancouver Police Department investigation.
Mr. Peck is scheduled to present written findings relating to the first phase of his inquiry to Council by mid-February 2009. At that time, a decision on whether to proceed with phase two will be made.
For more information, contact:
Corporate Communications
604.871.6336
Attachments:
From Regular Council Minutes, November 25, 2008 (page 23):
There being no further amendments, the motion was put and CARRIED UNANIMOUSLY AND “B” BY THE REQUIRED TWO-THIRDS MAJORITY, with Councillor Louie absent for the vote.
FINAL MOTION AS APPROVED
THEREFORE BE IT RESOLVED
A. THAT Council engage a barrister to investigate the source of the leak of confidential information relating to the Athlete’s Village in Southeast False Creek and report back to Council, without delay, in an open meeting, the results of the investigation;
FURTHER THAT Council give authority to the City Manager, in consultation with the Director of Legal Services, to appoint an appropriate barrister; and
FURTHER THAT the barrister work in collaboration with the Vancouver Police internal theft investigation, if appropriate.
B. THAT the City of Vancouver, pursuant to Section 180 (2) of the Vancouver Charter, pay reasonable legal costs necessarily incurred by current members of Council in connection with the barrister’s investigation, pursuant to Section 176 of the Vancouver Charter, of the source of the leak of the confidential information pertaining to the Athlete’s Village.
From Vancouver Charter, sections 176 and 177:
Inquiry by barrister
176. The Council may engage a barrister to investigate and report upon
(a) any alleged misfeasance, breach of trust, or other misconduct by
(i) any member of the Council;
(ii) any member of any other administrative body;
(iii) any employee of the city;
(iv) any person having a contract with the city
in regard to the duties or obligations of such member, employee, or person to the city;
(b) any matter connected with the good government of the city or the conduct of any part of its business, including any business conducted by any other administrative body.
Barrister's powers
177. The barrister so engaged shall without delay make the investigation and report thereon to the Council, and for those purposes shall have all the powers of the Commissioner under the Inquiry Act.
BIOGRAPHY - Richard C.C. Peck, Q.C.
Graduated U.B.C. Faculty of Law 1974; called to the Bar of British Columbia 1975; Member, Law Society of British Columbia; Governor, Law Foundation of British Columbia, 1985-1989; Bencher, Law Society of British Columbia 1988-1997; Life Bencher of The Law Society of British Columbia; Chairman, National Criminal
Justice Section, Canadian Bar Association 1989-1991; Vice-Chairman, Forensic Psychiatric Services Commission of B.C., 1988-1998; Appointed Queens Counsel 1987; Fellow, American College of Trial Lawyers; Fellow, International Society of Barristers; Director, International Society for the Reform of Criminal Law;
Member, Management Committee of the International Society for the Reform of Criminal Law; Chairman, Advisory Committee to Provincial Judicial Council, B.C. Branch, Canadian Bar Association, 1985-1989; Member, Advisory Committee on Federal Judicial Appointments for the Province of British Columbia ,1997-2002;
Member, Attorney General's Task Force on Public Legal Services in British Columbia, 1984; Special Counsel to B.C. Police Commission for Study and Report to the Attorney General on the Use of Video Equipment by Police Forces in British Columbia, 1986; Member, Attorney General's Justice Reform Committee of British Columbia, 1988; Counsel to the Commission of Inquiry into Municipal Policing in the Province of British Columbia, 1993-1994; Co-Vice President, Medical Legal Society of British Columbia 1991-1993; Member, Provincial Council,
B.C. Branch, Canadian Bar Association,1986-1991; Member, Canadian Judicial Counsel National Committee on Jury Instructions; Chair, Canadian Bar Association's National Task Force on Re-codification of the Criminal Law
("Principles of Criminal Liability; Proposals for a New General Part of the Criminal Code") 1991-1992; Co-Editor with Josiah Wood, Q.C., Canadian Bar Association Publication "One Hundred Years of the Criminal Code in Canada"; Member, Editorial Advisory Board "CRIMJI: Canadian Criminal Jury Instructions", by J.A. Ferguson and J.C.Bouck; Past Member, Emil Gumpert Award Committee, American College of Trial Lawyers; Chairperson, Regional Committee for British Columbia, Supreme Court Advocacy Institute; Member for British Columbia,
National Advisory Committee, Supreme Court Advocacy Institute; Group Leader, Inns of Court Project; Co-Chair, Federation of Law Societies of Canada National Criminal Law Program; Adjunct Professor, University of British Columbia Law School; author of numerous papers and publications in the area of criminal law.
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