Council votes not to reprimand Vancouver mayor for discriminatory conduct toward new mom

Vancouver Mayor Ken Sim speaks during a news conference, in Vancouver, on Sunday, February 5, 2023. THE CANADIAN PRESS/Darryl Dyck

Vancouver's mayor will not be reprimanded for conduct the city's integrity commissioner found amounted to discrimination against a park board commissioner who was a new mom on maternity leave.

The original complaint against Ken Sim stemmed from a meeting on Dec. 5, 2023 during which commissioner Laura Christiensen was "denied the opportunity" to attend virtually, the final report into the matter says, finding that the mayor breached the city's code of conduct by failing to "ensure that the work environment is free from discrimination and harassment” because reasonable attempts were not made to accommodate the new mother.

Integrity commissioner Lisa Southern made four recommendations on sanctions, the first of which was that council issue a letter of reprimand.

Coun. Pete Fry brought a motion seeking to do just that Tuesday. The motion passed, but not before the ABC majority voted to amend it to remove any mention of a reprimand.

ABC Coun. Rebecca Bligh explained why she supported proceeding without a reprimand, characterizing Sim's move as a one-time "error" and not a deliberate decision that was reflective of any deep-rooted or persistent bias, which the integrity commissioner's report did point out.

"I think there was clear acknowledgment from the integrity commissioner that Mayor Sim has never displayed any discriminatory behaviours or said anything discriminatory against women. As someone who has known Mayor Sim for 25 years, I can attest to his character," she said at the meeting.

However, Bligh did say that discrimination against new mothers – particularly in the workplace – is a common form of gender bias but that most discrimination happens "unintentionally."

A letter of reprimand, Bligh argued, would be a "punitive" measure that would not do anything to root out that bias or improve inclusivity in the workplace.

Coun. Sarah-Kirby-Yung agreed, saying council is not bound by the recommendation to sanction the mayor with a letter of reprimand.

"Human beings are human, and sometimes they err and they make mistakes," she said.

"Elected officials do need to set the bar and to be held to a higher standard. I also think that it's incumbent on elected officials to exhibit judgment and compassion when these situations arise."

The integrity commissioner's report stressed that the legal test for discrimination is based on the impact of a decision, policy or behaviour – not the intent.

"Whether someone meant to discriminate, intended to offend, or deliberately set out to exclude is not the question that is examined," Southern wrote. Even if no one was allowed to attend the meeting virtually, the repot explained, the impact on Christiensen was "adverse" and disproportionate beased on her sex and family status. 

The motion that passed did include training on human rights obligations and inclusivity for council, the mayor and city staff.

"When humans make errors, I've seen that as opportunities for learning and education. That's the environment that I would like us to foster as opposed to a punitive one that is one of punishment," Kirby-Yung said.

"And we have the opportunity to model that and continue to learn and do better."

The opposition councillors voted against the amendment and disagreed with the repeated characterization of the motion as punitive and politicized.

Fry's motion included a draft of what the reprimand would say, he noted.

"I feel like it's worded quite carefully to reflect that there was no suggestion that there was deliberate or intentional discrimination on the part of the mirror, I think that was very clear," he said.

"The letter is an affirmation of our values as a council and one of the pieces that I inserted in there, just as a reminder to us all, is that we all we all took an oath of office. And that oath of office obliges us to carry out our duties with integrity, be accountable for the decisions we make, be respectful of others and demonstrate leadership and collaboration."

The mayor was not at Tuesday's meeting.

On Monday, Sim published a letter of apology to Christensen, something that was also recommended by the integrity commissioner.

"I am writing to offer my sincere apologies for the failure to accommodate your virtual attendance at a meeting late last year, especially considering the new addition to your family," it read.

"I want to express my heartfelt apology for any inconvenience or distress this event caused you. I recognize the significant challenge and adjustment that comes with balancing work responsibilities with the joys and demands of welcoming a new family member into your life."