A man at the center of one of the biggest spending scandals in British Columbia political history has been convicted.
Craig James, the former Clerk of the Legislative Assembly, learned of his fate in a Vancouver courtroom on Friday morning.
He received a suspended sentence of three months incarceration, which will be served in the community rather than in prison.
Former Speaker of the Legislature Darryl Plecas, the man who first reported James’ inappropriate demands for reimbursement, called the sentence lenient.
“You can violate the public trust as a senior public servant and you won’t necessarily go to jail,” he said.
James was told he would be under house arrest for the first month. He must report to his supervisor by telephone by Monday, and during this month he must be on his property 24 hours a day, with some exceptions.
James will only be allowed to leave with permission for “very unusual circumstances”, medical emergencies or very important medical appointments for himself, his wife or daughter.
He may be allowed to leave on Sunday morning to attend mass, but those details have not been settled in court. His supervisor will make this decision.
James will also be allowed to go off for a single two-hour period once a week to run errands, with permission from his supervisor, as his wife is having surgery this week and will not be able to drive.
He must answer the door or the telephone immediately when a peace officer or supervisor shows up or calls.
After that, James will be under a curfew for two months. During this time, he must be home between 9 p.m. and 6 a.m. daily and must be ready to immediately answer the door or the phone to a peace officer or supervisor.
He was also ordered to pay $1,886.72, as recommended by the Crown, plus a victim fine surcharge of $200.
The judge said she would not impose a sentence involving community service, telling the court she was confident James would volunteer on his own initiative.
The prosecution says this is a case that could impact how the public perceives its provincial government.
Earlier this week, the Crown attorney told the court he was seeking a suspended sentence – a sentence served at home instead of behind bars – of around a year for Craig James. His argument is that the sentence would have a “chilling” effect on future public servants.
The Crown suggested on Monday that the majority of that sentence could be served under house arrest, with the rest under curfew. He is also seeking an order for restitution of $1,886.72.
Crown attorney Brock Martland said the 71-year-old’s conduct was a ‘departure’ from the highest-ranking member of the legislature, and there are ‘real risks of undermining public trust “related to the case.
He said the sentence could increase public cynicism about government institutions, if it was seen as too lenient, and he noted that James did not plead guilty, contrary to what is often seen. in cases where conditional sentences are granted.
Despite the lack of a plea, the defense requested parole, with attorney Gavin Cameron saying incarceration would be a “disproportionate response” to sentencing.
He asked for 12 months probation and 150 hours of community service, saying James had already been “tried and convicted in the court of public opinion”.
He said the media coverage and resulting damage to his reputation before his trial was significant enough to deter other public officials more than any sentence imposed by a court.
He also urged the judge to consider James’ age and the fact that he is a first-time offender who lost his job as a result of the investigation.
On Friday, the judge said a parole would be against the public interest, even taking into account media coverage. It would not adequately expose the conduct or deter others, the judge told the court.
Earlier this year, a BC Supreme Court judge ruled that James spent taxpayers’ money on personal expenses when he was a senior public servant.
He was found guilty of breach of trust and fraud in May.
The judge said he breached the standard of conduct expected of him when he claimed expenses for dress shirts, a tie and a suit worth $1,800, which he claimed as bedroom attire . Numerous other items such as purchases from a gift shop and alcohol were also spent, but the judge found it was possible that they were legitimate gifts or work expenses.
James was cleared of three other counts, including one related to a $258,000 retirement benefit the Crown alleged wrongfully claimed by taking advantage of weak policies.
As it stands, James can keep that payment.
“British Columbians should say, ‘Where’s our money?’ Why is there no requirement that the money be refunded? Plecas asked.
He was removed from his post and suspended with pay in 2018, then resigned the following year while an investigation into his conduct was still ongoing.
With files from Regan Hasegawa of CTV News Vancouver in court and The Canadian Press
“Internet evangelist. Extreme communicator. Subtly charming alcohol aficionado. Typical tv geek.”