Vancouver ethics watchdog needs more independence, third-party review recommends

“I know my role,” said Vancouver integrity commissioner Lisa Southern. “I’ve always been known for being Miss Independent. I’m not and never have been striving for Miss Congeniality.”

B.C. is well behind other Canadian provinces when it comes to ensuring ethical conduct by municipal officials, a municipal law expert argues in a new report.

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In the absence of provincial guidance, Vancouver should amend its code of conduct to give the city’s integrity commissioner “as much independence as can possibly be created” to prevent politicians from interfering, the report said.

The 51-page report by Vancouver lawyer Reece Harding is dated Feb. 2 and was made public this week after council approved its release.

Harding’s report stems from ABC councillors’ call last year for a third-party review of the city’s code of conduct bylaw on the integrity commissioner, an independent oversight position tasked with ensuring the conduct of municipal elected officials is ethical.

Harding, a municipal law expert who has served as Surrey’s ethics commissioner, was hired in October by Vancouver to complete the third-party review.

“That’s why we took action with this independent, third-party review and we take its recommendations seriously,” Sim said. “We’re committed to working with council and city staff to make smart, thoughtful changes that improve transparency and fairness to a process that isn’t just flawed, but also costly to taxpayers. Vancouverites deserve a system that’s fair, independent, and built to uphold accountability.”

But Green Coun. Pete Fry said Harding’s new report contradicts the ABC’s argument that the code of conduct is seriously flawed, and it certainly reports nothing to merit shutting down the commissioner’s work.

On the contrary, Fry said, Harding’s report is “a vindication of the function of the integrity commissioner and the integrity of the work.”

The report recommends some “tweaks” to the code of conduct, Fry said, but makes “pretty clear that it’s a well-written code of conduct, and the integrity commissioner is doing an excellent job.”

Independent Coun. Rebecca Bligh said she was “pleased that the independent review has confirmed our code of conduct is among the strongest in the province.”

Bligh was elected with ABC, but did not support her colleagues’ push last year to shut down the integrity commissioner. She was kicked out of the party last month and now sits as an Independent.

“Importantly, the review did not substantiate the serious concerns raised by the mayor and others last summer,” Bligh said. “This raises an important question: Was the mayor’s issue with the integrity commissioner’s office itself, or with the integrity commissioner personally?”

Harding conducted 24 interviews for his review, including Vancouver councillors, the integrity commissioner, city staff, and “others knowledgeable in the area of elected official conduct.”

After reviewing codes of conduct from cities across B.C. and the rest of Canada, Harding found Vancouver’s code is “generally in line with best practices nationally, to the greatest extent that it can be without provincial oversight.”

During his investigation, Harding found “a near-unanimous feeling that the city needs provincial guidance in the form of new and enhanced legislation to support both the code and the Office of the Integrity Commissioner.”

Several themes “clearly developed” during Harding’s review, the report says, including worries about the ethics code being “weaponized” or “politicized,” concerns about the cost of investigations, and a need for greater independence and protection for the integrity commissioner.

While the review found Vancouver’s code to be “a very good piece of work” and the commissioner’s office to be functioning well with clear jurisdiction, it made 10 recommendations for improvements to the code of conduct. These included measures to protect the commissioner’s independence, improve the office’s effectiveness, and reduce the risk of politically motivated complaints.

“It was felt by many that the integrity commissioner needed better structural protections from being removed from office in circumstances where, for example, one of her decisions was unpopular or controversial,” Harding wrote.

Harding wrote that in both the first two jurisdictions in B.C. to establish an integrity commissioner — Surrey and Vancouver — councils have introduced a motion to suspend the office.

(Harding was Surrey’s commissioner when a previous council moved to stop his office’s work in 2022. The current council has since re-established the office with a new commissioner.)

“While the reasons for those motions may be different, that both of the first two integrity commissioners’ offices in British Columbia have experienced this same issue cannot be ignored,” Harding wrote.

“We are of the strong opinion, therefore, that structural independence is required if these offices are to succeed,” Harding wrote. Therefore, he wrote, the “minimum standards” should include limits on hiring, suspending or terminating the integrity commissioner, powers for the commissioner to require co-operation in investigations, and a term limit.

Harding declined to comment for this story.

In an email, Vancouver city manager Paul Mochrie said the city appreciates Harding’s “comprehensive” review and recommendations.

“Council is currently reviewing the report and Mr. Harding’s recommendations,” Mochrie said, adding that if council directs staff to update the code, staff will do that.

Vancouver’s integrity commissioner, Lisa Southern, said Wednesday that she appreciates the work Harding put into his review.

“I know my job. I know my role,” Southern said. “I’ve always been known for being Miss Independent. I’m not and never have been striving for Miss Congeniality.”