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Vancouver city councillor should resign over conflict of interest: independent investigation


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Vancouver city councillor should resign over conflict of interest: independent investigation

A conflict-of-interest investigation into Vancouver Coun. Michael Wiebe’s motions and votes concerning the city’s temporary patio program has recommended the first-term councillor resign and be disqualified from holding office. Vancouver Coun. Michael Wiebe is an owner of Eight 1/2 Restaurant and an investor in the Portside Pub. (Instagram/@Eightandahalfresto)A conflict-of-interest investigation into Vancouver Coun. Michael Wiebe’s motions and votes…

Vancouver city councillor should resign over conflict of interest: independent investigation

A conflict-of-interest investigation into Vancouver Coun. Michael Wiebe's motions and votes concerning the city's temporary patio program has recommended the first-term councillor resign and be disqualified from holding office. 

Vancouver Coun. Michael Wiebe is an owner of Eight 1/2 Restaurant and an investor in the Portside Pub. (Instagram/@Eightandahalfresto)

A conflict-of-interest investigation into Vancouver Coun. Michael Wiebe's motions and votes concerning the city's temporary patio program has recommended the first-term councillor resign and be disqualified from holding office. 

In the independent investigation, attorney Raymond E. Young, who was appointed by the mayor following a complaint against Wiebe, found that Wiebe's “conflict of interest actions cannot be viewed as an error in judgment made in good faith.”

Wiebe, who used to serve on the park board, is the owner of Vancouver's Eight ½ Restaurant, as well as an investor in the Portside Pub.

The complaint claimed — and Young agreed — that Wiebe, a Green party member, failed to declare a conflict of interest and recuse himself from several council meetings, where he and his businesses would benefit from the votes.

The investigation focused on motions concerning the city's temporary expedited patio program [TEPP] and the expansion of liquor service areas at two council meetings on May 13 and May 27 where, in both instances, Wiebe failed to declare his conflict of interest.

After reviewing the minutes from the first meeting, Young found that Wiebe both amended motions and voted in favour of amendments for motions on TEPP.

Then, on May 27, Wiebe both seconded and voted in favour of two motions that would benefit his businesses.

Wiebe's Eight ½ Restaurant was one of the first 14 businesses to receive temporary patio permits from the city.

Young determined that because of Wiebe's direct and indirect financial interest in the motion, he was obligated to declare his conflict and not permitted to participate in the discussion or vote, according to the Vancouver Charter, which he failed to do.

“His proposed and passed amendment enabled Councillor Wiebe to wear two hats when dealing with city staff: that of council member and that of business owner,” Young wrote in his findings.

“This was a clear conflict of interest that he set in motion.”

Wiebe later declared a conflict

At a council meeting on June 11, where council discussed an extension of the temporary expedited patio program [TEPP] to private properties, Wiebe declared a conflict of interest for the first time on an item related to patios.

He also declared conflicts at other meetings in 2018, 2019 and 2020, which Young says proves that Wiebe was knowledgeable about conflicts of interest.

Wiebe was first elected to council in 2018. Prior to that, he served as a park board commissioner. (Ben Nelms/CBC)

Young also pointed to the fact that Eight ½ Restaurant was one of the first 87 businesses to apply for TEPP, a process that requires an application that includes measurements, drawings and photographs of the proposed space, plus a provincial COVID-19 temporary extension permit.

“There is significant planning and preparation involved in submitting an application,” wrote Young, who found that Wiebe's actions at the council meetings occurred while he was personally involved in submitting an application to the program being discussed.

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Recommendation of Wiebe's resignation

Young's report has recommended a number of consequences for contravening the charter.

  • That Wiebe be disqualified from holding office on city council, the park board, other local government, or as a trustee under the Islands Trust Act until the next general election.
  • That he resign his seat on council

If Wiebe refuses to resign, Young provided a recommendation under the charter where either 10 or more electors or the city may apply to the court for an order.

However, for it to come from the city, at least two-thirds of all council members would need to vote in favour.

Young also wrote that the recovery of any financial gain by Wiebe is beyond the scope of his investigation and would need to be decided in the Supreme Court of B.C.

CBC News has reached out to Wiebe, but he has yet to respond.

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