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Bob Mackin 

A former city councillor is slamming Vancouver city hall for hiding the names and titles of the bureaucrats who run the $2 billion-a-year government. 

On June 24, city hall quietly removed the staff directory from the website.

Vancouver city hall (Mackin)

A heavily censored, two-page document, obtained under freedom of information, blamed “increased harassment and threats to individual staff (within parking enforcement, park rangers and planning) and elected officials” for recommending the end of what was known as the “QuickFind” list and search engine. 

There is no evidence visible in the document about any harassment or threat. 

“These people are public servants, their salaries are paid by the public, they need to be public,” said Colleen Hardwick, who spent four years on city council before finishing third in the 2022 mayoral election with TEAM for a Livable Vancouver. “I question whether this is a political decision or a staff decision. Yes, ABC are the political brand du jour, but I rather suspect this is a staff move.”

Colleen Hardwick (Mackin)

The document showed that staff compared the websites of only two other area governments, Metro Vancouver — which “only provides info centre contact” — and City of Surrey — which “lists general dept/team emails; may not have a centralized contact centre similar to 3-1-1.”

theBreaker.news found Toronto and Edmonton both include staff directories on their websites. 

Toronto’s is listed under the heading “Staff Directory, Divisions and Customer Service,” with downloadable staff lists, links to customer service standards for each department and complaints and compliments forms. 

The B.C., Alberta and federal governments also maintain dedicated online staff directories. 

Hardwick said Vancouver should follow Toronto and Edmonton’s disclosure of public employees, because “they’re working for a public institution, not a private company.”

City of Vancouver did as recommended by the document, removing the staff directory and replacing it with a nameless organization structure and referral to the 3-1-1 hotline. Unlike the website, it is open 7 a.m. to 10 p.m. daily.  

The document even suggested “reactive key messages,” such as promoting 3-1-1’s translation services in more than 170 languages. “Agents route questions, feedback, or issues to various City departments to respond as appropriate.”

Under the heading of “if pushed,” the communications department recommended emphasizing that the city is “committed to providing a safe and respectful work environment, and abusive conduct or comments toward staff are not acceptable.” It called harassment and threats “an additional reason for the removal of the staff directory.”

The removal of the staff directory was supposed to happen by June 21, but Kira Hutchinson of the communications department suggested it be delayed until after the weekend, in case a reporter noticed it missing. “We don’t want our after hours media person getting queries about it if we can help it.”

Randy Helten of CityHallWatch.ca (Helten)

Without a staff directory, the only opportunity for citizens to know who is working for them is the statement of financial information sunshine list published every April. But that document shows last names, first initials, annual salaries and expenses, but not first names or job titles.

A reporter asked city hall for a copy of the current organization chart for the civic engagement and communications department. On July 25, FOI case manager Kevin Tuerlings demanded a $60 payment, because he claimed it would take five hours for staff to search, compile and create a record. (The FOI law says governments cannot charge for the first three hours of service.)

A local government watchdog called the removal of the staff directory “lamentable” and part of a pattern under the ABC party, elected with a supermajority in 2022. 

Randy Helten of CityHallWatch pointed to last December’s move to abolish park board elections and this month’s indefinite moratorium on integrity commissioner investigations and reports. 

“Another erosion of the openness of our municipal government,” Helten said. “CityHallWatch would use the staff directory often, and we know that many of our readers would do so too. Ken Sim and ABC’s election platform included a section on transparency, accountability, and good government, but with this change, the city is going further into hiding. People should call on Mayor Ken Sim to bring back the online staff directory.”

Helten said he was skeptical about the reason for removing the directory and accused city hall of “cherry picking examples,” rather than looking at the best practices of governance and transparency. 

“There’s a trade-off between hiding behind the shield of the city website versus being transparent and accountable to maintain the public trust in the municipal government,” Helten said.

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Bob Mackin  A former city councillor is slamming

Bob Mackin

B.C. Lottery Corporation is giving away a suite at B.C. Place Stadium during Taylor Swift’s Eras Tour weekend in December.

BCLC logo

Does this mean the B.C. NDP government is breaking Gaming Policy and Enforcement Branch (GPEB) advertising standards? 

A 250,000-run of $25 scratch and win tickets goes on sale Aug. 7 for what is described as “The Concert of a Lifetime Giveaway.” The draw takes place Oct. 30 for the grand prize, a suite for 14 people at B.C. Place. Travel and accommodation not included. 

The BCLC website does not specifically name Swift, who is scheduled to play sold out B.C. Place shows on Dec. 6-8. But it does drop a big hint: “Apart from being one of the world’s biggest multi-platinum artists, they also have a reputation of being an amazing performer.”

GPEB’s Advertising and Marketing Standards for Gambling in B.C. include a section on protecting those under the legal purchase age of 19. 

It expressly states that advertising and marketing materials “must not contain role models, and/or celebrity/entertainer endorsers whose primary appeal is to minors.” 

Taylor Swift B.C. Place concert ad (BC Place/Swift)

The key word may be primary. Swift appeals to various demographics. A Morning Consult survey found 45% of fans are millennials and 11% are Gen Z. But Swift enjoys a fanbase of teenage girls and children who rely on their parents to buy tickets and merchandise. Some of them scored tickets last November, many others did not. 

Premier David Eby, himself, acknowledged Swifties in his own household when he issued a social media plea last September for Swift to bring the tour to B.C. Place.

“Ms. Swift. It’s David Eby, premier of British Columbia,” he said. “I’m not accustomed to begging, but for my own constituency of my loving and beautiful wife and my son, Ezra, please come to Vancouver, British Columbia.”

It isn’t the first time BCLC raised eyebrows for connecting with a celebrity who enjoys fans not old enough to legally gamble. BCLC paid then-Canucks’ goalie Roberto Luongo $160,000 to appear in ads for PlayNow online poker in 2011.

Research by McGill University youth gambling expert Dr. Jeffrey Derevensky found 9% of high school students have gambled for money on the Internet. A 1996 study from Laval University found adolescents who gamble excessively are at increased risk for delinquency and crime, the disruption of relationships and impaired academic performance and work activities. 

In the same year, a University of Calgary study said pathological gamblers reported that they started gambling seriously at 9 or 10 years of age.

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Bob Mackin B.C. Lottery Corporation is giving away

For the week of July 28, 2024:

The XXXIII Summer Olympics are underway in Paris, now a third-time host of the five-ring circus. 

We will find out if the French learned anything about the good, the bad and the ugly of the Games that came before, such as the Vancouver 2010 Winter Olympics. 

This week, an encore presentation of host Bob Mackin’s February interview with Irwin Oostindie of Vancouver’s Voor Urban Labs. 

Oostindie was in the French capital in February to meet with academics and critics of Paris 2024, to share his knowledge about Vancouver 2010 and its socio-economic goals. 

Plus, the Canadian women’s Olympic soccer team is embroiled in scandal after a staff member was caught using a drone to spy on New Zealand’s training session. It became the biggest Olympic story before the Paris 2024 opening ceremony.

Could the precedent set by a Mexican scandal in 1988 affect Canada’s hosting of the FIFA World Cup in 2026? Hear from former Mexican radio reporter Mario Canseco. 

Plus, this week’s Pacific Rim and Pacific Northwest headlines. 

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

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For the week of July 28, 2024:

Bob Mackin (Updated July 31, 2024)

Could the Canadian Soccer Association (CSA) drone spying scandal at Paris 2024 result in disqualification of the Canadian men’s team from the FIFA World Cup in 2026?

Joey Lombardi (left), Bev Priestman and Jasmine Mander (CSA)

Women’s Olympic team head coach Bev Priestman, assistant coach Jasmine Mander and analyst Joseph Lombardi were sent home, after French police caught Lombardi flying a drone around New Zealand’s closed training session in Saint-Etienne. FIFA banned each of them for a year.

TSN reported that Canadian men’s and women’s programs had been spying on opponents for years, something the CSA admitted to FIFA in a legal document presented to the Court of Arbitration for Sport. 

The incident involving the defending gold medal champions dominated international media attention before the July 26 Olympic opening ceremony. FIFA handed Canada a six-point tournament penalty, but there could be more consequences to come.

If it goes deeper, FIFA could revoke Canada’s Tokyo gold medal, issue additional individual suspensions or even penalize the CSA, co-host of the FIFA World Cup 26 with U.S. and Mexico. It is the biggest Canadian Olympic scandal since 1988 when sprinter Ben Johnson lost his gold medal and world record after failing a doping test in Seoul.

A former radio reporter from Mexico, who now runs a Vancouver market research company, said FIFA set a precedent after a 1988 scandal involving Mexico’s junior men’s national team. 

Mexican reporter Antonio Moreno noticed some of the ages of players in a publication by the Mexican federation conflicted with those on a roster sheet for the 1988 CONCACAF under-20 tournament in Guatemala.

(FIFA/CSA)

Mexico dominated the tournament and qualified for the Saudi Arabia 1989 FIFA World Youth Championship with at least four over-age players. Officials from the U.S. and Guatemala complained to CONCACAF, FIFA’s North and Central American and Caribbean zone. The scandal became known as “Cachirules,” named for an entertainer who often portrayed younger male roles.

“The way in which people felt about it is, Mexico has always been a friend of FIFA. It had just organized the 1986 World Cup after Colombia pulled out,” said Mario Canseco of Research Co. “At the time, the CONCACAF president [Joaquín Soria Terrazas] was also from Mexico, so the thought was, we’ll just get by with a slap in the wrist, nothing is going to be taken too seriously. But FIFA really did take it seriously.”

FIFA agreed with CONCACAF’s findings and banned all Mexican national teams from international competition for two years. That included the Seoul 1988 Olympics and qualifying for the Italy 1990 World Cup.

“It’s a different situation [in 2024], but if we had the same type of punishment — because if it’s a two-year situation that affects all of the teams — then Canada could conceivably not host the World Cup,” Canseco said. 

Canada qualified automatically for the 2026 men’s championship with the U.S. and Mexico. It is scheduled to play once in Toronto and twice in Vancouver during the opening round of the 48-nation tournament. Vancouver could spend up to $581 million on hosting while Toronto is expecting to spend $380 million. The federal security budget has not been announced. CONCACAF president Victor Montagliani of West Vancouver is also a vice-president of FIFA.

Remaining teams in CONCACAF are vying for three berths. Another two teams could still enter as wildcards via an inter-confederation playoff. 

Canada qualified for its second World Cup, in Qatar 2022, as CONCACAF’s top team with an 8-4-2 record under coach John Herdman. Mexico and U.S. finished second and third, while Costa Rica won a wildcard berth. Panama, one of the teams Canada defeated, finished fifth.

Canada’s men’s national team in 2022 (CSA)

Herdman quit last year to coach Toronto FC of Major League Soccer. He previously coached the Canadian women’s team to two Olympic bronze medals between 2011 and 2018. Herdman told reporters in Toronto on July 26 that he was “highly confident” that drones were not used during his coaching career with the CSA.

FIFA rules for Paris 2024 specifically banned drones “over any tournament training sites and stadiums.” The Court of Arbitration for Sport upheld the six-point penalty before Canada qualified for the quarter-finals on July 31, but IOC spokesperson Mark Adams said any further discipline would be up to FIFA. 

The FIFA Appeal Committee’s July 28 “Notification of the grounds of the Decision” included evidence from the CSA that use of a drone to scout opposition dated back to Herdman’s tenure.

“It was not facilitated by the federation,” said the CSA submission. “New Canada Soccer administration is supporting a full independent investigation of this issue and has already taken steps to ensure that this scouting tactic does not happen again.”

The document also quoted from a March 2024 email Priestman sent to a CSA employee in which she called spying the difference between winning and losing. A performance analyst had cited moral grounds to refuse Priestman’s order to spy on opposition. 

The CSA has launched an independent review of the drone spying scandal by external lawyer Sonia Regenbogen, a workplace investigations specialist. 

“I am deeply concerned and feel frankly very disappointed and frustrated about the distraction that it has created,” Canada Soccer CEO Kevin Blue told reporters July 26. “But I have not considered withdrawal of the [women’s Olympic] team, primarily because we feel like we have addressed the situation swiftly and significantly. It would be to the detriment of our players who have worked so hard and sacrificed quite a bit to be Olympians and themselves have not engaged in unethical behaviour.”

A spokesperson for Canada’s Own the Podium high performance program said it does not fund national sports organizations directly, but collaborates “on how funds are spent to support their high-performance program.” 

“OTP definitely did not provide funding support for drones,” Chris Dornan said.  

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Bob Mackin (Updated July 31, 2024) Could the

For the week of July 21, 2024:

In less than two years, Vancouver and 15 other cities in Canada, U.S. and Mexico will host the FIFA World Cup 26. 

After hordes of ticketless fans invaded Miami’s Hard Rock Stadium before the July 14 Copa America final, should Vancouverites worry that hooligans will crash the nearly $600 million party at B.C. Place Stadium? 

A Burnaby sports writer who has attended seven World Cups says no. 

Alfie Lau joins host Bob Mackin to talk about his experience at the world’s biggest single-sport tournament. 

Plus, this week’s Pacific Rim and Pacific Northwest headlines. 

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

Support theBreaker.news for as low as $2 a month on Patreon. Find out how. Click here.

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For the week of July 21, 2024:

Bob Mackin 

A delay in sentencing two environmental protesters for their campaign of blockades on Vancouver Island.

Howard Breen (Save Old Growth/Instagram)

Extinction Rebellion Vancouver Island co-founder Howard Breen, 70, and Melanie Murray, 48, both failed in their bid to convince a judge that their criminal mischief was “morally involuntary.”

Provincial Court Judge Ronald Lamperson was scheduled to hear a joint submission from the prosecutor and Breen and Murray’s defence lawyer on July 19 in Nanaimo. 

The sentencing hearing was postponed because Crown lawyer Neal Bennet had a medical appointment impacted by the Crowdstrike/Microsoft internet outage. A new hearing date is to be determined. 

Bennet and defence lawyer Joey Doyle revealed in court that negotiations for a joint sentencing proposal fell through. Bennet indicated he would be asking the judge to sentence Breen to jail time of under two years less a day.

On May 3, Lamperson dismissed Breen and Murray’s application under the defence of necessity. They unsuccessfully argued that their crimes were excusable under Canadian criminal law because climate change “presents an imminent peril to all humanity.” 

“They do not take any issue with the facts underlying the charges, and acknowledge and admit that they intended to commit the acts giving rise to each charge,” said Lamperson’s verdict. 

Lamperson ruled against their application, because the defendants made choices to commit mischief. 

“They decided on which days and at which times they would engage in civil disobedience. They also decided what form their protest activity would take on particular days. All of their protests involved advance planning,” Lamperson decided. 

Breen chose to cause more interference on some days than others, such as gluing his hand to the roadway one day and using a bike lock to fasten his legs to another protester on another. One day, he simply sat on a roadway holding a banner. 

“Ms. Murray also freely made choices with respect to her protest activity, including whether she would put herself in an ‘arrestable position.’ The evidence demonstrates that on some days she did and on other days did not,” Lamperson wrote. 

Murray was charged with four offences, two for mischief by interfering with a public roadway and two for causing a disturbance.

Breen was charged with 11 Criminal Code offences and another another contrary to the Aeronautics Act. He also describes himself as a member of the Just Stop Oil and Last Generation protest groups. 

Lamperson’s May 3 judgment said Breen worked in the 1970s for the Liberal Party, but switched later that decade to the NDP and remained until 2015. He has also worked with environmental organizations Smart Change CA, Friends of the Earth, Wilderness Committee and Greenpeace.

In early 2020, Breen was part of an anti-pipeline protest outside then-NDP premier John Horgan’s house in Langford. Breen and two others saw their mischief charges stayed when they agreed to avoid Horgan’s neighbourhood for two years. 

In 2019, Breen was arrested for attempting a citizens’ arrest on federal Environment Minister Catherine McKenna during the Liberal’s photo op in Oak Bay.

The July 19 hearing came, coincidentally, the day after Extinction Rebellion’s global co-founder Roger Hallam was jailed in the U.K. for five years for conspiring to organize 2022 protests that blocked the M25 freeway. Four others were sentenced to four years each.

Extinction Rebellion and its affiliates benefit from grants made by the California-based Climate Emergency Fund (CEF), which reported it disbursed $3.74 million to 34 organizations last year. 

In January 2022, Pakistani foreign student Muhammad Zain Ul-Haq and four others incorporated Eco-Mobilization Canada, a federal not-for-profit behind the B.C. Extinction Rebellion splinter group Save Old Growth. 

Ul-Haq boasted in August 2022 in a New York Times story that Save Old Growth received US$170,000 in grants from CEF. In July 2023, a judge sentenced him to jail for seven days for multiple criminal mischief counts and ordered 30 days of house arrest and 31 days of curfew. 

Ul-Haq’s criminal record meant he faced deportation for violating the terms and conditions of his visa to study at Simon Fraser University. That was put on hold in April after intervention from Liberal MP Joyce Murray. Last year, he was appointed to CEF’s advisory board.

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Bob Mackin  A delay in sentencing two environmental

Bob Mackin 

A Toronto socialite, who hosted political fundraisers for Prime Minister Justin Trudeau, is accused of misleading an insurance industry regulator about her academic credentials.

Hong Wei (Winnie) Liao with Prime Minister Justin Trudeau (Respon)

Insurance Council of British Columbia executive director Janet Sinclair ordered cancellation of Hong Wei (Winnie) Liao’s life and accident and sickness insurance licence on May 29 after an investigation into a breach of the council’s rules and code of conduct. Sinclair’s order said Liao must wait three years before reapplying for a licence. 

Liao, president of Respon Wealth Management Corp. in Toronto and Richmond, requested a hearing to dispute the cancellation.  

The notice of the July 22-26 hearing says that, during the council’s November 2023 hearing, Liao “testified that she had a Master’s Degree in Business Administration from Canada and in support of this testimony, she tendered a diploma and transcript purportedly from York University.”

The council alleges Liao breached the council’s code of conduct because she never attended York University, which never gave her a diploma or transcript. 

“The licensee received the York documents from an individual to whom the licensee paid money in exchange for them,” the order alleges. “The licensee never completed the courses listed in the York University transcript.”

The council will decide whether to confirm, revoke or vary the May 29 order. If the order is upheld, the council will decide whether to reprimand Liao, suspend or cancel her licence, fine her up to $25,000 or impose conditions on her licence. 

A 2018 advertorial in the Scarborough Mirror said Liao “has been devoted to the financial industry for almost 30 years” and that she gained master degrees in both China and Canada.

Liao has not responded for comment. Her lawyer, William Smart, did.

“The issue at the hearing will be whether she knew it was forged at the time she presented it or was herself a victim of someone else’s dishonesty,” Smart said by email.

Liao is a frequent speaker and/or sponsor at Metro Vancouver events for cultural and business associations that are aligned with the People’s Republic of China consulate. 

In October 2021, Liao attended a Vancouver promotion for the Beijing 2022 Winter Olympics during a series of local celebrations of 72 years of Communist Party rule in China. She was photographed in a group that included Chinese government diplomats, leaders of the Canadian Alliance of Chinese Associations, Sen. Yuen Pau Woo, Vancouver mayoral candidate Ken Sim and municipal councillors Alexa Loo (Richmond) and James Wang (Burnaby). 

In June 2024, Respon sponsored the Vancouver Chinese Amateur Golf Charity Invitational to benefit Unicef. In February, Respon hosted a Year of the Dragon Chinese Spring Festival Gala at the River Rock Casino’s show theatre in Richmond. Attendees included Liberal MP Shaun Chen (Scarborough North), B.C. NDP MLA Henry Yao (Richmond-South Centre), BC United MLA Teresa Wat (Richmond-North Centre) and Richmond Mayor Malcolm Brodie. 

Respon’s corporate video, shown at the River Rock and elsewhere, features clips of Liao, her family, staff and various politicians, including Trudeau, who appears with Liao inside and outside a private residence. 

Elections Canada’s contributions database lists more than $28,000 in political donations from North York Ont.-resident Liao. Except for the $2,072 to two Conservative Party riding associations in 2014, the rest were made to the Liberal Party, including $1,000 to Trudeau’s Papineau riding association. 

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Bob Mackin  A Toronto socialite, who hosted political

Bob Mackin 

The arm of the Ministry of Transportation and Infrastructure overseeing the Broadway Subway Project is refusing to say exactly how much it spent through January and it claimed to be within the original budget in May.

South Granville Station, from January 2024 report (TIC/FOI)

In February, this reporter asked the Transportation Investment Corporation (TIC) for the most-recent project status report including, among other things, the financial report and schedule status. The NDP government finally disclosed the freedom of information records on July 16, but they were heavily censored  to conceal key details about the megaproject that ends on the border of Premier David Eby’s Point Grey riding. The government relied on an exception to disclosure in order to withhold information that it believes could harm a public body’s financial or economic interests.

A summary of the cost and contingency report shows nearly $1.372 billion project-to-date, but the sum is incomplete because the costs for Indigenous relations and legal were censored. Other columns, which compare the budget with the true amount spent, were also censored. Despite that, the spreadsheet garnered a green rating, meaning insignificant or no concern. 

Another spreadsheet, a multiyear forecast, shows $1.08 billion in costs through 2022-2023. Likewise, line items for Indigenous relations and legal costs were censored. TIC also hid the gross and net project expenditure totals and forecasts through 2026-2027. 

On May 24, however, NDP transportation minister Rob Fleming announced the Broadway Subway would not open until fall 2027. Fleming’s communications staff maintained that the total budget remained unchanged at $2.83 billion. Fleming, who represents Victoria-Swan Lake, is not running in the Oct. 19 provincial election. 

The 5.7 kilometre Millennium Line subway from VCC-Clark to Arbutus had previously been delayed from late 2025 to early 2026. Fleming blamed delays in tunnel boring, station excavation and relocating major utilities, along with the five-week concrete strike in 2022. 

Elsewhere in the January report, there are indications of a poor safety record that is only getting worse. 

The health and safety section was assigned a yellow dot for moderate concern. It showed a total 900 incidents during the life of the project, including 24 in December and 27 in January. Of the total, 552 were for first aid incidents, 110 near misses and 97 equipment/vehicle and property damage incidents. 

WorkSafeBC has made 59 inspections through January, but none to end 2023 or start 2024. 

The rolling 12-month lost time injury frequency per 100 workers was 2.92, but the 12-month rolling total of recordable injuries was 9.15 per 100 workers. 

Mount Pleasant Station, from January 2024 report (TIC/FOI)

A chart showed days lost to injury jumped from just seven in 2022 to 122 in 2023 — a whopping increase of more than 1,600%. The trend continued in January with 18 days lost to injury.

“[Broadway Subway Project Corp.] has reported a large increase in lost time injuries in 2023. BSPC has shared their documented action plan to improve their injury reporting and claims management processes,” the report said. 

There have been 26 alcohol and drug tests performed on workers, with failures by five workers attached to the main contractor and five with subcontractors. There have been 15 incidents of fire, 16 of violence, 34 incidents classified under public safety and 54 of property damage. 

The report also pointed to a large number of nonconformities, or items that deviate from specifications or fail to meet quality control standards. 

By the end of January, there was a total 370 nonconformities, of which 25 were still active. 

“The average number of days that it took a nonconformity to be resolved and closed was 48 days,” the report said. 

A heavily censored list of supervening events (or unscheduled interruptions) mentioned a “COVID-19-related health event” on Dec. 3, 2021, discovery of undisclosed utilities on July 5, 2021, acts and omissions by City of Vancouver on Nov. 19, 2021 and a “blockade or embargo falling short, protest action/force majeure event” on July 25, 2022.

BSPC is the design/build joint venture between Acciona of Spain and Ghella of Italy. Acciona is also working on the Site C dam and Pattullo Bridge projects. Metro Vancouver fired it from the North Shore Wastewater Treatment Plant in 2022, sparking an ongoing legal battle. The North Vancouver project is costing $3 billion more than originally budgeted and scheduled for 2030 completion — a decade late. 

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Bob Mackin  The arm of the Ministry of

Bob Mackin

A B.C. Supreme Court judge has thrown out a retired mining tycoon’s defamation lawsuit against a charity watchdog. 

Former HDI Mining executive Scott Cousens sued Vivian Krause over three letters she published on her Fair Questions blog in 2021. Krause cast doubt over Cousens’ $23 million in donations to the 2013-opened Fortius Sport Centre in Burnaby. Cousens laid claim to the single, largest philanthropic gift in Canadian sports history.

Vivian Krause (Fair Questions)

After Fortius announced it would close at the end of 2020, due to the effects of pandemic restrictions, City of Burnaby paid $25.8 million for the complex. It was renamed the Christine Sinclair Community Centre in September 2023 for the Burnaby-born, former Canadian national soccer team star. 

Krause claimed that Cousens “became the front man of an elaborate scheme that involved loans, not true gifts” in her letters to Cousens, charity lawyer Blake Bromley, B.C.’s Auditor General, RCMP and Burnaby civic officials. 

Through her research of public records, Krause claimed that the total amount of gifts from Cousens’ private foundation to Fortius totalled just $130,000. 

After Cousens sued, Krause successfully applied for the case to be dismissed under the Protection of Public Participation Act, the formal name for B.C.’s anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. 

Justice Kevin Loo heard arguments on May 13 after the hearing was postponed in December and February due to a shortage of judges.

Loo’s July 15 written decision found that Cousens failed to demonstrate that Krause’s letters were not protected by the defences of justification and fair comment. Loo also rejected Cousens’ contention that Krause acted with malice.
“Proof of overzealous conduct does not establish malice,” Loo said.  

Krause alleged a “series of circular, self-cancelling transactions” took place involving $74.7 million gifted to Fortius by Bromley-created CHIMP and that the money was used to repay five other Bromley-created charities, which then made gifts back to CHIMP. Loo said it was beyond the scope of Krause’s application for him to decide the legitimacy of the transactions, but he noted that Cousens “does not appear to deny the basic facts underlying Ms. Krause’s allegations.”

Scott Cousens (Amarc)

Instead, Cousens accused Krause of misunderstanding because the Fortius funding model was based on accounting advice. 

Loo said Cousens deposed that his relationships with others had been affected by the publicity, but he did not provide specifics. Loo said he may be shunned for other reasons, such as a 2018 Globe and Mail exposé on Bromley that identified Cousens as a client.

“The harm Mr. Cousens likely suffered, or will likely suffer, as a result of Ms. Krause’s expression is not serious enough that the public interest in continuing the proceeding outweighs the public interest in protecting that expression,” Loo ruled.

Loo also pointed out the disparity between the plaintiff and defendant, and suggested that Cousens could have countered Krause’s allegations elsewhere.  

“Mr. Cousens acknowledges that he has substantial financial means at his disposal. He has sufficient resources to dispute Ms. Krause’s allegations in the ‘court of public opinion’ if he wishes to do so,” Loo wrote. “Although Ms. Krause has been raising funds for her defence through a ‘GoFundMe’ webpage, it is clear that she does not have the resources that Mr. Cousens has.” 

Krause raised more than $31,000 through GoFundMe and the judge awarded Krause some costs. She said that will not be enough to pay her lawyer, Dan Burnett, who she called wise and compassionate. 

“This is a wake-up call for the [Canada Revenue Agency] and for all British Columbians, all Canadians because the issue at the heart of this is the sad truth that some of the largest charitable donations in Canadian history are a sham,” Krause said. 

Cousens has not immediately responded for comment.

CRA revoked the Fortius Foundation’s charitable registration in July 2022. An audit found it was not operated exclusively for charitable purposes, and it failed to maintain adequate records, properly provide donation receipts or file an information return. 

A Federal Court of Appeal judge rejected the Fortius appeal in October 2022. In May 2023, the Supreme Court of Canada dismissed Fortius’s application for an appeal. 

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Bob Mackin A B.C. Supreme Court judge has

For the week of July 14, 2024:

In the middle of spring break, on a Friday afternoon, Metro Vancouver revealed the North Shore Wastewater Treatment Plant would take another $3 billion and six years to complete. It was supposed to cost $500 million to $700 million and be ready in 2020. 

Seven local government politicians from around the Lower Mainland are demanding transparency, accountability and reform from the regional government. They want an audit and they want elections for directors in 2026. Two of the seven are Bob Mackin’s guests on this edition of thePodcast: New Westminster city councillor Daniel Fontaine and Richmond city councillor Kash Heed. 

Plus, this week’s Pacific Rim and Pacific Northwest headlines. 

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

Support theBreaker.news for as low as $2 a month on Patreon. Find out how. Click here.

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For the week of July 14, 2024: