B.C.'s legislature deputy clerk told to trust advice on $258K retirement payment: trial
The former deputy clerk of the British Columbia legislative assembly told a trial that before she returned a retirement allowance she had received assurances from government officials that it was a valid claim.
The $258,000 retirement allowance that her then-boss, former clerk Craig James, received in 2012 is the largest among several payments that are subject to criminal allegations of misspending that James denies.
The B.C. Supreme Court trial has heard outstanding claims to the 1984 benefit were paid out to protect the legislative assembly from liability and that the auditor general's office raised concerns about the substantial payments in 2013.
Kate Ryan-Lloyd, who was James' junior at the time but now holds the top title of clerk, told the court that when she became concerned about her eligibility for a $118,000 payment, she approached both then-Speaker Bill Barisoff and George McMinn, James's predecessor.
Ryan-Lloyd testified under cross-examination that McMinn told her she should trust James if he had consulted both a lawyer and the Speaker, while Barisoff said her eligibility was based on “sound legal advice.”
She previously testified that she returned the funds in 2013 after James didn't give her a copy of a written legal opinion supporting the payouts even though she'd asked several times for the information.
Ryan-Lloyd has said she felt “uncomfortable” with the large payment and that it was “not right.”
“After speaking with Mr. McMinn, you spoke with Mr. Barisoff and he assured you he was supportive to terminate the retirement benefit and had legal advice you were eligible. The Speaker gave you the impression this was the correct step to take and he was a careful steward of public funds, is that fair,” defence lawyer Gavin Cameron asked Ryan-Lloyd.
“Yes,” she responded.
She did not try to contact the lawyer consulted by James directly, she said.
James has pleaded not guilty to two counts of fraud over $5,000 and three counts of breach of trust by a public officer.
The allegations stem from his time serving as clerk, a role likened in court to the CEO of the legislature, from 2011 until he was placed on administrative leave in 2018.
The Crown is arguing the case against him rests on three main areas: his claim to the retirement benefit, the purchase with public funds of a trailer and wood splitter, and travel expense claims.
The court has heard the $3,200 wood splitter and $10,000 trailer were purchased in the name of emergency preparedness so they could be used in case of an earthquake or other disaster to build fires, shelters and remove debris.
Crown prosecutor David Butcher has argued that their storage at James's home would make them “utterly useless” in case of emergency at the legislature.
One of James's neighbours, James Cassels, testified Monday that he saw both a trailer and wood splitter on the property across from his home.
He said he never saw or heard the wood splitter being used by James.
This report by The Canadian Press was first published Jan. 31, 2022.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6948497.1719943118!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
Altercation between 'numerous' golfers on B.C. course broken up by RCMP
Authorities were called to break up an altercation involving "numerous" golfers in Burnaby, B.C., over the weekend – apparently prompted by some serious breaches in etiquette.
DEVELOPING Stampede at religious event in India kills more than 100, mostly women and children
Thousands of people at a religious gathering in India rushed to leave a makeshift tent, setting off a stampede Tuesday that killed more than 100 and left scores injured, officials said.
'I would call this the silent eating disorder': What experts want you to know about ARFID
Unlike eating disorders like anorexia or bulimia nervosa, Avoidant/Restrictive Food Intake Disorder, or ARFID, isn’t concerned with body shape or size. People with ARFID are very limited in the foods they feel safe and comfortable eating
How arbitration plans went awry ahead of WestJet mechanics strike
An order from the federal labour minister to send WestJet and its plane mechanics into binding arbitration unexpectedly resulted in a strike on one of the busiest travel weekends of the summer.
Eastern Ontario doctor accused of killing four patients acquitted of murder charges, negligence
An eastern Ontario doctor facing four charges of first-degree murder and negligence causing death in connection with the deaths of four seniors at a Hawkesbury hospital was acquitted on all charges at the Ottawa courthouse on Tuesday.
British nurse Lucy Letby, already convicted of killing 7 babies, found guilty in attempted killing
A British neonatal nurse who is serving a life sentence for murdering seven babies and attempting to murder six others was convicted Tuesday of trying to kill another infant in her care.
Giuliani is disbarred in New York as court finds he repeatedly lied about Trump's 2020 election loss
Rudolph Giuliani, the former New York City mayor, federal prosecutor and legal adviser to Donald Trump, was disbarred in the state on Tuesday after a court found he repeatedly made false statements about Trump's 2020 election loss.
Hurricane Beryl rips through open waters after devastating the southeast Caribbean
Hurricane Beryl roared through open waters on Tuesday as a monstrous Category 5 storm on a path that would take it near Jamaica and the Cayman Islands after earlier making landfall in the southeast Caribbean, killing at least four people.
A bride released butterflies in honour of her late father. Instead of flying away, they stuck by her side
In a moment that brought some to tears, a U.S. bride released more than a dozen butterflies in honour of her late father. Here’s what they did instead of flying away.