Man who was once B.C.'s most senior officer of the legislature sentenced in spending scandal

A man at the centre of one of the biggest spending scandals in the history of politics in British Columbia has been sentenced.

Craig James, the former clerk of the legislature, learned his fate in a Vancouver courtroom Friday morning.

He was given a conditional sentence of three months of incarceration, which will be served in the community instead of in jail.

Former speaker of the legislature Darryl Plecas, the man who first flagged improper expense claims made by James, called the sentence lenient.

“You can be breaching the public trust as a senior official and you are not necessarily going to jail," he said. 

James was told he'll be on house arrest for the first month. He'll have to report by phone to his conditional sentence supervisor by Monday, and during that month, he must be on his property 24 hours a day, with a few exceptions.

James will be allowed to leave with permission only for "highly unusual circumstances," medical emergencies or very important medical appointments for himself, his spouse or his daughter.

He may be allowed leave Sunday mornings to attend mass, but those details were not arranged in court. His supervisor will make that decision.

James will also be allowed to leave for a single, two-hour period once a week for grocery shopping, with permission from his supervisor, as his wife is undergoing surgery this week and won't be able to drive.

He'll have to answer the door or phone immediately when a peace officer or supervisor attends or calls.

After that, James will be subject to a curfew for two months. During that time, he'll have to be home between 9 p.m. and 6 a.m. every day, and must be ready to answer the door or phone immediately to a peace officer or supervisor.

He's also been ordered to pay $1,886.72, as recommended by the Crown, as well as a $200 victim surcharge.

The judge said she would not impose a sentence involving community service, telling the court she was confident James will volunteer on his own initiative.

It was a case the prosecution said could impact the way the public views its provincial government.

Earlier this week, Crown counsel told the court it sought 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 Monday that the majority of that sentence could be served under house arrest, and the rest would be under a curfew. It’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, if it was viewed as being too light, and he noted that James did not plead guilty, unlike what is often seen in cases where conditional sentences are granted.

Despite a lack of plea, the defence called for 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."

He said the media coverage, and subsequent damage to his reputation before his trial, was significant enough that it would serve as more of a deterrent for other public officers than any court-imposed sentence.

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

On Friday, the judge said a conditional discharge would be contrary to public interest, even taking into account the media coverage. It would not adequately denounce the conduct or deter others, the judge told the court.

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 the Crown alleged he claimed improperly by taking advantage of weak policies.

As it stands now, James gets to keep that payout.

“British Columbians should be saying, ‘Where’s our cash?’ Why isn’t there a requirement that the money be paid back?” asked Plecas.

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 CTV News Vancouver's Regan Hasegawa in court and The Canadian Press