Crown seeking jail sentence, but open to house arrest for former B.C. clerk of the legislature

One of the biggest spending scandals in the history of B.C. politics is nearing its conclusion as a court heard sentencing recommendations for the former clerk of the legislature.

Crown counsel revealed Monday that it seeks a conditional sentence – a jail sentence served at home instead of behind bars – of about a year for Craig James. Its argument is that the sentence would serve as a "deterrent" for future officials entrusted to the public.

The Crown suggested the majority of that sentence would be served under house arrest, and the rest would be under a curfew. t's also seeking a $1,886.72 restitution order.

Crown attorney Brock Martland said the conduct of the now-71-year-old was a "departure" by the most senior officer of the legislature, and that there are "real risks of undermining public confidence" tied to the case.

He said the sentence could increase public cynicism about the institutions of government, and he noted that James did not plead guilty, unlike what is often seen in cases where conditional sentences are granted.

The defence is seeking a conditional discharge, with lawyer Gavin Cameron arguing incarceration would be a "disproportionate response" to the conviction.

He pushed for 12 months of probation and 150 hours of community service, saying James has already been "tried and convicted in the court of public opinion."

"His reputation was destroyed in an instant and it will never be recovered," he said, asking the judge to take into the account the stigma James faced before his trial because of the public nature of his case.

Cameron said that will serve as more of a deterrent for other public officials than jail time.

He also urged the judge to take into account James's age and that he's a first-time offender who lost his job and his reputation.

Earlier this year, a B.C. Supreme Court judge ruled that James spent taxpayer dollars on personal expenses during his time as a high ranking public official.

He was found guilty of breach of trust and fraud in May.

The judge said he breached the standard of conduct expected of him when he claimed expenses for dress shirts, a tie and a suit worth $1,800, which he claimed as chamber attire. Numerous other items such as gift shop purchases and alcohol were also expensed, but the judge found it's possible they were gifts or legitimate work costs.

James was cleared on three other counts including one related to a $258,000 retirement benefit.

He was removed from office and suspended with pay in 2018, then resigned the following year while an investigation into his conduct was still underway.

With files from The Canadian Press