Surrey, B.C., councillor says mayor's legal expenses shouldn't be paid for by taxpayers

After a B.C. mayor was charged with public mischief following an investigation prompted by his own complaint, it appears taxpayers in that city could be footing the legal bills.

Last Friday, the B.C. Prosecution Service announced a single criminal count against Surrey Mayor Doug McCallum. 

In an email to CTV News Vancouver, city staff forwarded a local indemnification bylaw, which says the city will "indemnify its Municipal Officials against payment of amounts required or incurred to defend an action, prosecution or claim brought against" them.

Coun. Linda Annis told CTV News Vancouver she doesn't think the expenses should be covered because the incident in question happened on McCallum's personal time.

"The mayor was shopping on his own personal time. He went to Save-On-Foods … to buy groceries," she said. "He got into difficulties, he's been charged, he needs to be responsible for his own legal bills."

The bylaw also states, however, that fines won't be covered.

"No fine shall be paid by the city that is imposed as a result of a Municipal Official's conviction for an offence that is not a strict or absolute liability offence," the bylaw says.

McCallum said over the weekend he would not make any further statement than one he released by email on Friday, which said, "We are in the middle of changing from RCMP to the Surrey Police Service and as this matter is before the courts, I will not be making any comment." 

The mayor's complaint dates back to Sept. 4, when members of the Surrey Police Vote campaign were outside a supermarket gathering signatures on a petition to stop the city's transition from an RCMP detachment to a municipal police force.

McCallum alleged one member in a Ford Mustang intentionally drove into him, prompting an RCMP investigation.

Special prosecutor Richard Fowler was appointed to the case to "avoid any potential for real or perceived improper influence in the administration of justice," the B.C. Prosecution Service said. Fowler ultimately approved the charge against McCallum Friday.

With files from CTV News Vancouver's Andrew Weichel