Ex-councillor of Squamish Nation found guilty of fraud by B.C. court

Squamish Nation sign is seen in this undated file photo.

VANCOUVER -

A former band councillor is guilty of defrauding a B.C. First Nation, according to the nation involved.

Krisandra Jacobs, a former council co-chair and department head of the Squamish Nation, was found guilty at the end of a criminal trial.

The statement posted by council chairperson Khelsilem (Sxwchálten Iy X̱elsílem) reads in part that the nation was "the victim of theft and fraud."

The B.C. Prosecution Service said Jacobs was found guilty of fraud over $5,000 on Friday, and that she will be sentenced this week.

She was also convicted of theft over $5,000, but the judge imposed a conditional stay on that charge, citing the Kienapple principle.

The principle dates back to a 1970s Supreme Court of Canada case regarding two convictions for the same act. The judge in Kienapple v. R ruled the accused cannot be convicted of two offences when they both arise out of "the same or substantially the same elements." 

In response to the decision, the Squamish Nation wrote that while it was not involved in the court proceedings, it would be providing a victim impact statement during the sentencing phase.

Explaining the process to its members, Khelsilem wrote, " The statement allows the Squamish Nation to explain how the crime affected the Nation to the Court and offender. The Court will use the statement while it considers the appropriate sentence for Ms. Jacobs."

Jacobs, who also goes by the nickname Krissy, has not been able to handle band money for some time following a damning report in 2014.

The report said cheques were written directly to Jacobs and a former band manager, and alleged that the pair deposited hundreds of thousands of dollars into their own accounts every year.

Jacobs and the manager said they put the cash into emergency funds, then distributed money to members in need, but they kept virtually no records.

They were both suspended, accused of misspending more than $1 million in band funds, and an RCMP investigation was launched into their actions.

The report said sometimes Jacobs had multiple cheques and deposited them at two different banks on the same day. It said she kept cash in a safe, and that some of the cash was used to gain favour in the community.

The report and subsequent investigation led to the fraud charge, and ultimately a guilty verdict.

With files from CTV News Vancouver's Mi-Jung Lee