That was not the position of the B.C. NDP in the 1990s.
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VICTORIA — Premier David Eby says two independent MLAs charged with Criminal Code offences should resign their seats in the legislature.
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The premier, a former attorney-general and head of the B.C. Civil Liberties Association, doesn’t dispute that accused persons are entitled to the presumption of innocence.
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Rather, Eby questions whether a member of the legislature can adequately represent their constituents while also fending off serious criminal charges.
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Richmond Centre MLA Hon Chan is charged with assault, assault by choking, and uttering threats. Peace River North’s Jordan Kealy is charged with sexual assault.
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The two were elected as B.C. Conservatives in the 2024 provincial election. Both maintain their innocence, both sit as independents.
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“People facing serious criminal charges should have to resign,” Eby said again this week. “Everyone’s entitled to their day in court, and I’m a strong believer in the principle that someone should have the right to defend themselves in court.
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“But at the same time, it is very hard to imagine how somebody facing serious criminal charges can also simultaneously represent their community. That is asking a lot both in terms of conflict of interest, but also in terms of just schedule.”
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Eby’s position is different from the one the NDP took during an earlier term of government.
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When NDP MLA and former Premier Glen Clark was charged with breach of trust and fraud in a casino licensing scandal in October 2000, the New Democrats did not even eject him from their caucus, never mind ask him to resign his seat.
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As then-NDP whip Gerard Janssen said at the time, “A person is innocent until proven guilty, and I hope that people will respect that.”
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When Clark himself was asked about giving up his seat after being charged, he replied: “Why would I? I’m still the MLA for Vancouver-Kingsway. I love my constituents and still live there and represent them as best I can. I am innocent and I intend to prove that in court.”
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Clark kept his seat until the 2001 provincial election and did not run again. Afterward, he was acquitted of the charges by B.C. Supreme Court Justice Elizabeth Bennett.
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“There is no question that Mr. Clark exercised poor judgment,” the judge ruled after hearing all the evidence in a lengthy trial. “However, there is nothing in his behaviour that crosses the line from an act of folly to behaviour calling for a criminal sanction.”
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She also rejected the defence claim that the special prosecutor in the case should never have laid the charges in the first place.
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“Our free and democratic society requires such allegations to be investigated and a prosecution to be undertaken if there is evidence that meets the threshold required for charges to be laid. Anything less would bring the administration of justice into disrepute.”
