THE WEEK: Who’s running for mayor of Comox? And Elections BC issues fine

THE WEEK: Who’s running for mayor of Comox? And Elections BC issues fine

With Incumbent Stephanie McGowan now residing in Courtenay and Mayor Russ Arnott’s candidacy uncertain, the Comox Town Council will look quite different after Oct. 15.

THE WEEK: Who’s running for mayor of Comox? And Elections BC issues fine

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This article was updated on Sept. 6 to include comments from Stephen Blacklock.

With just one week left for candidates to declare their intentions, the big local government news heading into the long weekend involves the uncertainty surrounding who’s running for Comox Town Council and, more specifically, whether incumbent mayor Russ Arnott will seek a second term.

There have been social media posts from family members that suggest Arnott is not well and some community members confirm that he hasn’t looked well recently. Decafnation has reached out to the mayor via email, but we have not received a response. Some councillors have reached out as well without any response.

We can all empathize with someone who struggles with physical health problems and the complications that normally arise for their work and family. That is difficult to manage in any circumstance.

Arnott’s situation is particularly awkward and probably extra stressful for him because his health problems, whatever they may be, are happening during the local government office filing deadline, which allows him only days to decide whether he’s well enough to serve another four years.

That uncertainty has a trickle-down effect on other candidates who might choose to seek the mayoralty rather than a council position if Arnott steps aside. If he does, we would expect Ken Grant to file for the mayor position and he might be challenged by one of the other incumbent councillors, Maureen Swift, Nicole Minions, Alex Bissinger or Jonathan Kerr.

We’ve heard there was a large turnout of potential candidates and interested citizens at the Comox Council candidate information night this week, so it appears voters will have lots of choices.

And, of course, we wish Arnott peace and clarity of mind as he works through this heart-wrenching time.

 

ELECTIONS BC FINES LOCAL CANDIDATE

Staying with Comox Council, Decafnation has learned that Elections BC issued a monetary penalty on June 9 to Stephen Blacklock, a candidate in last November’s Comox Town Council byelection, for a violation of the Local Elections Campaign Financing Act (LECFA).

Blacklock was fined $1,115.52 for “exceeding campaign period expense limit contrary to s. 68.02 LECFA.” It is the second largest penalty imposed by Elections BC in the last four years.

According to public records made available to us, it’s the first time Elections BC has sanctioned a Comox Valley candidate for a breach of the laws it administers.

Blacklock told Decafnation on Sept. 6 that he received a campaign invoice after the by-election that was “much higher than expected.” Rather than “haggle and fudge my way into compliance,” Blacklock said he simply paid the Elections BC fine. 

Elections BC (EBC) is “the independent, non-partisan Office of the Legislature responsible for administering electoral processes in British Columbia in accordance with the Election Act, Local Elections Campaign Financing Act, Recall and Initiative Act, and Referendum Act.”

But in terms of municipal elections, EBC is responsible for only monitoring campaign financing and advertising regulations. The Ministry of Municipal Affairs regulates local government election

According to Elections BC Communication Director Andrew Watson there have been 58 valid complaints since 2018 about candidates’ violations of advertising or financing regulations. Most were related to campaign financing and only a few resulted in disciplinary action.

“Every complaint is unique and we investigate every complaint we receive,” Watson told Decafnation.

He said a complaint could result, if verified, in a monetary penalty, a criminal prosecution or a warning letter. The complaints can take months or even years to investigate and adjudicate, but the EBC tries to conclude them as soon as possible.

“We don’t want to cause any harm unnecessarily. So we don’t act until we have all the facts and have conducted a fair process,” Watson said. “We are neutral and non-partisan.”

The EBC considers a number of factors before taking action on verified complaints, including whether the violation gave the candidate a material advantage.

Watson said the Blacklock monetary penalty was comparatively large because the law at the time stipulated the fine for overspending the expense limit was two times the over-spend. Since the start of 2022, the EBC has been given more discretion to levy fines for overspending up to a maximum of two times the over-spend.

 

WHO’S FILED SO FAR

The websites for our four local governments display a list of candidates as their file their nomination papers. Here are links to each website so you can follow along as candidates announce.

For Courtenay, go here.

For Cumberland, go here.

For Comox, go here.

For the Comox Valley Regional District, go here.

As of noon today, only incumbent Leslie Baird had filed for another term as mayor of Cumberland and only Erik Eriksson had filed for mayor of Courtenay. Edwin Grieve in Area C will have a new challenger in Matthew Ellis. And it appears newcomer Shannon Aldinger will seek one of the Courtenay seats on the District 71 School Board.

It is curious that the websites of Cumberland, Courtenay and the three electoral areas at the regional district show the names of candidates who have filed, while the Town of Comox website shows that no candidates have filed to date. UPDATE: Candidates who have filed started showing up on the Comox website late this afternoon.

 

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Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley voters will elect new councilors, mayors, regional district representatives, school board members and Island Trust reps on Oct. 15. Find out who’s running for what … and why. Decafnation returns to shine more light on local government issues and candidates

THE WEEK: Who’s running for mayor of Comox? And Elections BC issues fine

The Week: Comox voter turnout better than most; Elections BC reviews by-election complaints

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The Week: Comox voter turnout better than most; Elections BC reviews by-election complaints

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Isn’t it curious that elections for local government — the ones with the most direct impact on our day-to-day lives — routinely attract the fewest number of voters?

More voters turn out for provincial and federal elections because they build a higher profile among the general population. And they’re able to do that because political parties have more donors and therefore more money to spend on signs, campaign organizations and advertising. Local candidates just don’t have that level of resources.

And it doesn’t help to raise awareness of local elections when local radio and print media provide the bare minimum of coverage.

But here’s some good news. You might look at the recent by-election in the Town of Comox and lament the low voter turnout (18 percent of eligible voters), or you might draw a more positive conclusion: Comox by-election voters are among the most engaged in BC.

In the City of Burnaby, for example, only 8.4 percent of eligible voters turned out this year for a by-election. In the City of Richmond, only 9 percent cast ballots. The City of Abbotsford matched Comox with 18 percent, but even the City of Victoria fell short at 17 percent in 2020.

Comox did better in the 2018 general election, too, when 4,392 of Comox’s 10,867 eligible voters (40 percent) showed up at the polls. That was 4.8 percent better than the 36 percent average across the province.

In other words, the Comox population was well represented in the recent by-election, comparatively speaking. And especially so when you consider the town’s by-election came on the heels of a federal election campaign and in the midst of a storm that drenched voters on their way to the polling station.

By-election winner Dr. Jonathan Kerr credited his success to the 65 volunteers who ran a “positive, value-based campaign.” His team always took the high road, he said, and stuck to the issues that people told them were important.

“This was a win for participatory democracy,” he told Decafnation this week. “That was one of our six values at the core of our campaign. We focused on really engaging people and being open and accessible.”

Kerr praised his campaign’s volunteers for not slipping into a “hard political style campaign.”

“Our approach was to engage people whether on the doorstep or wherever by simply saying we’re here to learn about the issues that are most important to you,” he said.

Kerr said he’s looking forward to finding common ground with the other council members and to using creative methods of engaging the public, such as drop-in coffee shop chats and Zoom town hall meetings. He used both during the campaign and says there’s no reason not to do more as a council member.

Perennial candidate Don Davis told us that he thought the election results were predictable.

“The campaign was much different with Covid and digital,” he said. “Too early to say intentions for next year. I have alway tried to be non-partisan, but maybe it’s time to get a team behind me.”

First-time candidate Judy Johnson said she learned a lot in this campaign and that she feels more prepared for another run in 2022.

“I enjoyed meeting the candidates and hope that we all get elected next year because I think our four different perspectives and strengths will provide four solid pillars for an effective council,” she told Decafnation.

Candidate Steve Blacklock did not respond to our invitation to share his observations about the election. But he did post his thoughts on Facebook.

“Not the result we needed on Comox Election night. Very saddened that only 2100 people (18%) actually exercised their franchise democratic right. This is how democracy dies. Congratulations to Jonathan Kerr and the #ComoxGreens, with 4 out of 6 members of council now ‘aligned progressives’ the future of Comox is a (sic) bright as the rising sun.”

Elections BC confirmed that it has received two complaints as a result of the Comox by-election. The complaints allege violations of the legislation administered by Elections BC, including the Election Act, the Recall and Initiative Act and the Local Elections Campaign Financing Act.

A spokesperson for Elections BC told Decafnation this week that the office is conducting an official review of both complaints to determine if they warrant an investigation.

“We take any potential contravention of the legislation we administer seriously and we review every complaint we receive, but not all reviews result in an investigation,” the spokesperson said. “If a complaint does not result in an investigation, we will advise the complainant and tell them why an investigation will not be conducted.”

For all our palindrome fans, did you notice that yesterday’s date was 12-1-21?

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Conservative Horner snubs climate all-candidates forum

Recent youth-led climate strikes in the Comox Valley indicate that climate change has become an issue in the federal election, but Conservative Byron Horner has declined an invitation to participate in an Oct. 4 candidates forum on the topic

Hear Jane Philpott interview on CBC radio

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Dr. Jonathan Kerr wins  the key Comox Council by-election; islands OK high-speed Internet service

Dr. Jonathan Kerr wins the key Comox Council by-election; islands OK high-speed Internet service

Dr. Jonathan Kerr

Dr. Jonathan Kerr wins the key Comox Council by-election; islands OK high-speed Internet service

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Dr. Jonathan Kerr won the 2021 by-election to fill an open seat on the Comox Town Council.

Kerr received 1,134 of the total 2,100 votes cast or 54.0 percent. The closest competitor was Steve Blacklock who received 807 or 38.4 percent. Don Davis finished with 111 votes or 5.3 percent and Judy Johnson had 46 votes or 2.2 percent.

The by-election became necessary when councillor Pat McKenna resigned earlier this year to relocate to Nova Scotia. McKenna had endorsed Kerr for the position. Three other sitting council members had also endorsed Kerr: Alex Bissinger, Nicole Minions and Stephanie McGowan.

Kerr, who had the support of a local political action committee called Comox Greens, had been criticized for his association with what looked like the BC Green Party. But throughout the campaign, Kerr maintained that he and his supporters were only linked by a set of globally recognized “green values,” and that he was not bringing provincial party politics to local government.

There were rumours and misinformation disseminated about Kerr during the campaign, including an anonymous attack ad in the local newspaper.

In other election news, the Denman and Hornby island voters overwhelmingly approved a referendum to create a Comox Valley Regional District service that will finance and partner with firms to construct high-speed fibre optic internet infrastructure to the islands. The final official vote was 1,182  in favour to 81 opposed.

Decafnation will have more on the results of the special elections in the coming days.

 

 

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Conservative Horner snubs climate all-candidates forum

Recent youth-led climate strikes in the Comox Valley indicate that climate change has become an issue in the federal election, but Conservative Byron Horner has declined an invitation to participate in an Oct. 4 candidates forum on the topic

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The Week:  Misinformation campaign sullies Comox by-election featuring four good candidates

The Week: Misinformation campaign sullies Comox by-election featuring four good candidates

This election could go either way  |  George Le Masurier photo

The Week: Misinformation campaign sullies Comox by-election featuring four good candidates

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Decafnation has covered elections for public office on both sides of the US and Canadian border, from local council positions up to gubernatorial and US Senate races in the state of Washington. And we have learned that one of the realities of any election is that the higher the stakes, the nastier the campaign.

Based on that, it appears that some people think there’s something at stake in the race for an open seat on the Comox Town Council, which voters will decide this Saturday, Nov. 27. 

Here’s what’s going on. Someone or several people have spread a number of unfounded rumors over the past several weeks designed to hurt candidate Dr. Jonathan Kerr at the polls.

It’s difficult to identify the people spreading misinformation because it usually happens in conversations on the doorstep or in coffee shops and pubs. But it’s clear that whoever has started or is spreading the allegations doesn’t want Kerr to get elected.

Why? Probably because the negative campaigners worry that the control of the Comox Town Council is at stake.

Kerr is a progressive candidate who has been endorsed by three sitting council members and, if those four votes coalesced on important issues, that threatens the stranglehold on power held by the old guard of Russ Arnott, Maureen Swift and Ken Grant.

It’s uncertain whether Steve Blacklock, the other frontrunner in this election, shares values with the old guard or the younger progressive population growing in the town. He may well march and vote to his own beat.

But to those afraid of losing power in Comox, it is Kerr who must be defeated at all costs.

The allegations directed at Kerr by themselves aren’t that serious. Some are actually petty. But that’s not the point of negative campaigning. Spreading false information undermines the targeted candidate so that anyone uncertain about who to support will be less likely to vote for that candidate.

So what are the dishonesties being spread in this campaign?

Kerr has been accused of taking false credit for the recruitment of four new physicians to the medical clinic in Comox where he practices family medicine. Even people who have endorsed Blacklock have repeated this deceit.

But Decafnation contacted one of the owners of Sea Cove Medical Clinic who confirmed that Dr. Kerr did indeed recruit the four new doctors.

“Jonathan is our clinic lead and has been very effective in that role. He was lead recruiter of four new doctors to our clinic. Working with our clinic manager, he was the voice of the clinic … we couldn’t have done it without him,” Dr. Carol Ostry told Decafnation via email.

It has also been insinuated that Kerr would use Comox Council as a stepping stone to running for provincial or federal offices. But this charge appears baseless. Decafnation could not find any evidence that Kerr has ever shown interest in higher-level politics, and he denies it now.

Of course, jumping from local government to the provincial Legislature is not uncommon in the Comox Valley. Among those who’ve made that leap are Social Credit Stan Hagen, BC Liberal Don McRae and current MLA Ronna Rae-Leonard of the NDP. And ex Comox Mayor Paul Ives unsuccessfully sought the provincial nomination from the BC Liberal Party while serving on the council.

The latest untruth surfaced this week when a Comox resident contacted Kerr to ask if it was true that he was “pushing for a ban on residential, outdoor Christmas lights.” The person had heard the allegation from a neighbor who said it came from “someone associated with” Blacklock.

Kerr says it’s a ridiculous fib. He told Decafnation that anyone who knows him also knows that he “loves Christmas lights.”

Some of the negative campaigning might be the work of members of an anonymous group called Concerned Comox Valley Citizens who placed an attack ad in the Comox Valley Record alleging that Kerr would bring provincial party politics to local government. (Decaf note: When you send an email to the address they provide, you get no response.)

Aside from the unscrupulous aspect of an anonymous attack ad, the effect of introducing party politics at the local government level is a reasonable campaign debate point.

The Kerr campaign made itself vulnerable on this issue when a group of his supporters decided to call themselves the Comox Greens. That was a poor decision because it suggests a provincial party affiliation, whether or not it was intentional.

Kerr defends aligning himself with the Comox Greens because he says the 50-plus members are merely local citizens who share what’s known globally as the six “green values.” And, he says, there are members of the NDP, the federal Liberal Party and others among his supporters.

But that might not convince people who see the color of his signs and the inclusion of “Comox Greens” on his campaign material as a direct Green Party link.

Candidates can’t control all of the people who support them, so sometimes overzealous campaigners say things they know aren’t true or that they haven’t bothered to question.

And sometimes they do it for nefarious motives.

In any case, mudslinging and spreading false information have no place in local politics. It reeks of desperation and it’s really election bullying.

Decafnation contacted Blacklock this week about the attacks on Kerr. He told us that the allegations about his opponent “sound ridiculous to me,” and he vehemently denied any involvement in them. He said he doesn’t condone negative campaign tactics and would tell his supporters not to engage in them as well.

 

IN OTHER ELECTION NEWS

— Decafnation asked each of the candidates about their vaccination status. Blacklock, Kerr and  Don Davis said they were fully vaccinated. Judy Johnson declined to comment on her vaccination status.

— The two frontrunner candidates, Kerr and Blacklock, have diverse opinions on a proposed bylaw change about urban agriculture and allowing backyard chickens in particular. Kerr and the other two candidates, Don Davis and Judy Johnson, all support the proposed bylaw change. Blacklock opposes it.

Advance polling numbers indicate that voter turnout might be strong. Fewer people normally vote in by-elections than in general elections. But on the first day of advance voting last week, 412 people cast ballots. That compares with 390 on the first day of advance voting in the 2018 general municipal election.

This article has been updated to correct Judy Johnson’s vaccination status.

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The Week: Comox Council again cancels court dates to resolve Mack Laing obligation

The Week: Comox Council again cancels court dates to resolve Mack Laing obligation

 What was once meant to grow straight and true can, over time, become rather twisted |  George Le Masurier photo

The Week: Comox Council again cancels court dates to resolve Mack Laing obligation

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Today should have been the first day of the week that finally brought resolution to the Town of Comox’s shameful abdication of its moral covenant to the late Hamilton Mack Laing.

But if you hoped that the BC Supreme Court hearing scheduled for this week (Nov. 15-18) would bring an end to the 39-year-old saga over Laing’s Trust and the future use of his heritage home, Shakesides, you will be disappointed. Again.

This is the Town of Comox, after all, where things often get messy.

It’s head-shaking, but not surprising, that the town has backed out of the latest trial dates it had scheduled to petition the BC Supreme Court for approval to alter the Mack Laing Trust Agreement. The town wants to tear down Laing’s historic homestead and use the considerable funds he left to the town for other purposes.

Five years ago, the town was in a mad rush to get to the BC Supreme Court and plead its case. But since then, the town has scheduled and canceled court dates multiple times.

Read all of our stories about the Mack Laing Trust Agreement

And now, despite the feverish pitch reached in 2019 — and the estimated $200,000 plus that it has spent on legal fees — the town still seems confused about whether to go to court or not.

The town spent most of the time from February 2017 to May 2019 trying unsuccessfully to convince two different Supreme Court Justices not to allow the Mack Laing Heritage Society to present opposing evidence at trial.

But when the town finally set a trial date for June of 2019, they canceled it at the last minute (in May). And then the town went dark for the next 31 months.

This year the town decided to revive its application to alter Laing’s Trust and asked the court to set aside four days for a trial that would have started today.

But, like a skipping record, the town council once again canceled these dates at the last minute and then hinted it might revisit its application in the new year.

 

WHY CAN’T THE TOWN MAKE UP ITS MIND?

So, what is going on with this Town Council? Why do they schedule court dates and then cancel them? Why does the town continue to incur high-priced fees charged by a Vancouver lawyer when the council is apparently undecided about what to do?

Comox voters and taxpayers have no way to get answers to these questions because the council only discusses the matter behind closed doors. Ever since the town took its three-year hiatus on this issue, all Mack Laing discussions have been held in-camera.

That means if you ask a Comox council member what’s going on with the Mack Laing court petition, they will tell you they can’t talk about matters discussed in-camera.

That’s an odd position for the town to take.

When the mayor and council were in a rush to get a court hearing prior to May 2019, the council discussed the matter openly in regular council meetings. Motions were debated and votes were taken.

The council even held a special open public meeting at the Comox Rec Centre on the topic just a month (April 2019) before putting it all on ice for nearly three years.

So now, the council refuses to talk in public about even the simplest details related to the case, such as why they schedule court dates and then cancel them or whether the town even has a plan to resolve the matter?

The council’s lack of transparency is disconcerting. Its indecision is stunning.

With every misstep, the town worsens its culpability over 39 years for not living up to the agreement it signed with Hamilton Mack Laing. The town took his money and his property but failed to live up to their end of the bargain.

It’s a shameful way to treat one of the town’s most notable and generous citizens. And their actions certainly won’t encourage any future citizen to leave anything in trust to this town.

The issue has also divided people in the community, another of the regrettable results of this debacle.

 

SO WHAT’S THE SOLUTION?

It’s simple. Go to court. Get a decision and move on. If the town fears the court will reject its application to alter the Laing Trust, then initiate some form of arbitration.

Or maybe both parties could find a way to compromise. For example, the Comox Valley Regional District provides a good model with Brian and Sarah McLoughlin Park. The McLoughlin’s former house is open for artists-in-residence from May through September.

Restoring and opening Shakesides for a similar program — perhaps with priority given to natural scientists — would avoid the problems of parking that concern the park’s neighbors. And it would come closer to Laing’s vision for his historic home on Comox Bay than another unused and unnecessary ‘viewing platform’

Whatever it decides, the Town of Comox should quit stalling and start being honest and open with the public.

 

 

 

 

 

 

 

 

WHO WAS HAMILTON MACK LAING?

Hamilton Mack Laing was an important Canadian naturalist, photographer and writer. His research has appeared in a variety of publications around the world. Laing moved to Comox in 1922, cleared his land and built his home from a “Stanhope” Aladdin Ready-Cut kit. In 1927, he married Ethel Hart of Portland and they established a successful and commercial orchard which included walnut, pecan, filbert, hazelnut, apple and plum trees. They also grew mushrooms and vegetables.

After his wife died in 1944, Laing sold his original home, Baybrook, and built a new home, Shakesides, on the adjoining lot. On his death in 1982, Laing bequeathed the waterfront property, a sizable amount of money, artwork and other personal property to the Town of Comox according to a Trust Agreement between the parties.

In 2016, the Comox Council, led by then-mayor Paul Ives, attempted to demolish Shakesides but was stopped by the BC Attorney General. Instead, the town demolished Laing’s former home, Baybrook, and began the process to alter the LaingTrust Agreement to permit the demolition of Shakesides and to use Laing’s money for other purposes.

Over the past five years, the town, led by current Mayor Russ Arnott, has appeared in several BC Supreme Court hearings to argue unsuccessfully that the Mack Laing Heritage Society should not be allowed to present any evidence that opposes the town’s application to alter the Laing Trust. Since then the town has scheduled and canceled multiple trial dates.

The Mack Laing Heritage Society believes the town has mishandled Laing’s Trust and misappropriated funds attached to the trust.

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The Town of Comox has, for the first time, admitted to spending money left in trust to the town by Hamilton Mack Laing. And the town took a first step toward reparations. But not everyone agrees the town did enough.

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“Wanton cultural vandalism”

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