Sunday, February 8, 2009

Court Case: Duncan Barnett vs Cariboo Regional District

As promised, the oral hearing in the matter of Barnett v Cariboo Regional District was held on Friday, February 6th, 2009 in the Williams Lake Courthouse (Courtroom 401). It ran from 10:00am until 1:30pm

While the details heard were in Open Court, I don't think it would be fair or appropriate to go over all the details, however I will say Mr. Justice McKinnon (Judge assigned to hear this case) will be determining the following legal points and releasing a written decision on this case, probably sometime in March, I would guess:

1) Did the Cariboo Regional District Board have the legal authority to discuss an in-camera matter relating to Area 'F' Director Duncan Barnett's contact with CRD Staff, after having an in-camera discussion related to security of the property of the Regional District, in accordance with Section 90 (1) of the Community Charter

2) Was Duncan Barnett given a fair and reasonable opportunity to respond to Janis Bell's In-Camera Report in which allegations are alleged against Mr. Barnett in relation to his relationship with CRD Staff?

3) Was the Special In-Camera Meeting on Thursday, December 11th properly called, especially given that former CRD Chair Jon Wolbers was no longer a member of the CRD Board and what was the legal status of former Area 'C' Director Ronda Wilkins and that of her status as Board Vice-Chair

These questions plus others raised during the Oral Hearing will now have to be addressed, in law, by Mr. Justice McKinnon and I think all of us will now look forward to his written decision. But based what I heard in court, I think it is fair to assume that an appeal of Mr. Justice McKinnon's written decision is more than likely to happen but the final ruling on the case of Barnett v Cariboo Regional District will probably stop at the BC Court of Appeal, as I don't believe that the Supreme Court of Canada will grant leave to appeal. The Supreme Court of Canada traditionally hears cases that affect the Constitution of Canada or affect the National Interest

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