No charges laid against West Van mayor

The BC Prosecution Service says no criminal charges will be laid against West Vancouver Mayor Mark Sager after a Special Prosecutor found fraud charges were “not supportable.”

The decision by John M. Gordon KC was released on Friday after allegations of campaign finance irregularities surfaced during Sager’s 2022 municipal election campaign.

Those allegations surrounded the purchase of furniture, totalling $14,622.52, the BCPS explained.

“During [Elections BC’s] standard compliance review of the required post-election campaign finance filing submitted by the Sager campaign, concerns arose over potential campaign finance irregularities,” Gordon wrote in the decision.

“After the election had concluded, the Sager campaign purchased a number of items to furnish the mayor’s office. Under LECFA, candidates may only claim expenses ‘incidental to the candidate’s campaign’, which these items were not. In addition, the Sager campaign’s post-election disclosure statement identified campaign funds allocated to ‘post-election communications’. These funds were paid to a public relations and communications consultant.

“The Sager campaign produced receipts for some of the office furniture, all of which post-dated the election. Some receipts bore notations ‘Mayor’s office’. Some of the furniture purchases were disclosed on the disclosure statement required under LECFA; others were not. Some purchases were covered by funds drawn on the campaign account; others were not,” Gordon continued.

In his decision, Gordon explains that to secure a conviction, the Crown must prove that the accused knowingly engaged in “deceit, falsehood or other fraudulent means.”

Despite Sager’s claims that sought and received the permission of an Elections BC official to use campaign funds, Gordon says that during the investigation by Elections BC, all requests were complied with.

“There was no apparent attempt to conceal the fact that these expenses were incurred after the campaign had ended or what they were for. The evidence in this regard provides fruitful ground for the defence to argue that the campaign did not act with an intent to deceive,” the decision stated.

While Sager will not face criminal charges in relation to the allegations, Gordon says that the matter is now back in the hands of Elections BC to determine if any regulatory offences occurred.