'There's a lot of grey area': How Metro Van politicians try to avoid conflict of interest controversies

A Metro Vancouver councillor who often has to bow out of votes and declare a conflict of interest says avoiding problems is pretty straightforward. 

"Anything that doesn't look right, probably isn't," said Eric Woodward.

The Langley Township councillor owns several properties in the Fort Langley neighbourhood. As such, he regularly talks with the township's legal counsel to determine what council business he should avoid voting on or lobby fellow councillors about.

"It's very common for members of council. Most of them are business people or have investments in their home municipality. You have to be careful that you don't use your position to try to enrich yourself. And it's really not that complicated beyond that."

Woodward is one of many local politicians watching a conflict of interest controversy unfold in the District of North Vancouver, which banned pigeons last year after nearly five decades of allowing them.

The ban was initially brought up at council two days after Coun. Betty Forbes emailed other councillors asking them to pass a bylaw, following years of complaining to staff about her next door neighbour's pigeons — at one time telling a public hearing she was told the pigeons impacted her property values.

Forbes, along with another councillor and the district, are currently facing a legal challenge in B.C. Supreme Court alleging they've broken conflict of interest rules. 

"That's what makes the pigeongate an interesting one, because the conflict really isn't just limited to the council table," said Woodward.

"You're bound to not try and influence your fellow council members or staff in trying to come up with that outcome."

What are the rules?

In the B.C. Community Charter — which governs all municipalities in the province — language around conflict of interest for elected officials takes up an entire section.

Chiefly, it states that a councillor or mayor with a "direct or indirect pecuniary interest in a matter" must not "attempt in any way, whether before, during or after such a meeting, to influence the voting on any question," and that they must not "attempt to influence in any way a decision, recommendation or other action to be made or taken ... by an officer or an employee of the municipality."

Sergio Custodio, a lawyer at Fasken who leads its conflict of interest team, said it can be initially hard for politicians to know exactly when there's a pecuniary interest, which is why so many municipalities have training sessions. 

"There can be room for confusion," he said, adding that local government is a particular challenge because most elected officials keep part-time jobs or have ongoing business interests.  

It's why Custodio recommends municipalities have a clear protocol for assessing potential conflicts well before they come to a council vote. 

"It will depoliticize it, because you've got someone other than the people who are involved in the conflict looking at it. You need to have that objective third party looking at the facts of it."

'It's not always black and white'

Of course, it can be hard for a perceived conflict to be completely depoliticized.

"Conflicts of interest are not something that should be thrown around and played with as politics in the council chamber, and unfortunately I've been the victim of that," said Vancouver Councillor Melissa De Genova.

As the development director for a organization that works with non-profit housing agencies and the spouse of a Vancouver police officer, De Genova often declares conflicts of interest. Council meetings can be put on hold while she consults with the city's legal counsel on whether she can vote on certain amendments. 

But she says it's important to be diligent in avoiding any possible breach of the rules.  

"It's not always black and white. I'd say that there's a lot of grey area, but that's why I've looked to the experts and I've tried to arm myself with as much information as I can," she said. 

An external investigation commissioned by the District of North Vancouver recommended the municipality consider upgrading the training it gives councillors around conflict of interest, along with implementing clear protocols on seeking legal advice.

Meanwhile, Woodward says he looks forward to seeing the outcome in the pigeon case. 

"It's always important to ensure that everybody has their day in court and the right to defend themselves from allegations," he said.

"If the rules are changed based upon new case law, then we'll all have to adjust what we do."