Though he lost the court case, Coun. Brian Skakun said he's not finished fighting for transparency in government.
On Wednesday morning, the B.C. Court of Appeal upheld Skakun's 2011 conviction for violating the Freedom of Information and Protection of Privacy Act (FOIPPA) handed down after he leaked confidential RCMP personnel documents to the CBC.
Skakun said he was disappointed by the decision, but relieved to have it come to a conclusion.
"I knew it would be a real tough haul to get that decision overturned but it's over and I'm just grateful for that," he said. "I always maintain I did the right thing but I did it the wrong way."
The three-justice panel convened in Prince George on April 24 after Justice Kathryn Neilson found last year that the trial judge may have erred in law in finding that a municipal councillor is an officer of a public body under the provincial privacy legislation, a conclusion that a Supreme Court Justice also supported in 2012.
FOIPPA has a broad scope, and to limit the term 'officer' to mean an unelected official as used in other legislation doesn't work, said Justice Daphne Smith, in her written decision.
"Again, this would create an absurdity where an elected municipal councillor would not be subject to FOIPPA even though the legislation clearly intended municipalities to be subject to its requirements," she wrote.
Prior to going to trial, Skakun said he received an email from the province advising him that the section of the act he was charged under doesn't apply to him and that he is not considered an "officer" of the municipality.
"And they're the ones that interpret the act and everything and the court found the opposite of that. That's a challenge," he said. "But I can live with the decision and keep on doing what I can for the people of Prince George."
City councillors are not only elected to represent their municipalities, but also to keep people informed, said Skakun. However, finding that balance is where the challenge lies.
"The problem still remains that elected officials are in such a tough position because if you want to disclose something that's unethical or something illegal that's going on, you can't do it unless you get your council or regional district to vote to disclose it," he said. "So it just puts us in such a tough, tough position."
If re-elected to council in the fall, Skakun said he will continue to push for more government transparency and will start by taking the temperature of other elected officials at this September's Union of B.C. Municipalities convention in Whistler.
"The real important thing is that the court has made a decision," said Skakun. "It's over and I have to figure out how to work within the law to inform people about what's going on. It's a big relief."
