Legislative Office
Vancouver-Point Grey
Room 201, Parliament Buildings
Victoria, BC V8V 1X4
Phone (250) 953-4736
Fax (604) 660-0862
Community Off ce:
2909 West Broad ay
Vancouver, BC V6K 2G6
Phone (604) 660-1297
Fax (250) 387-4680
David Eby, MLA
(Vancouver-Point Grey)
April 27, 2016
Commissioner Paul Fraser, Q.C.
Office of the Conflict of Interest Commissioner
421 Menzies Street
Victoria, British Columbia V8V 1X4
BY HAND
Dear Commissioner Fraser:
Re: Complaint under Section 19(1) of the Members Conflict of Interest Act concerning the Hon.
Christy Clark
Since my letter to you of April 20, 2016, two major developments have taken place and I write to update
my complaint.
First, the BC Liberal Party has confirmed that Christy Clark receives a floating annual allowance from the
party of between $30,000 and $50,000 per year. In her five years as leader, this amounts to between
$150,000 and $250,000 of direct personal financial benefit from donations sent to the central BC Liberal
Party.
Given that the Premier s allowance varies from year to year, dependent on the financial fortunes of the
central party, this commission-like payout establishes a personal financial benefit under the Act for the
Premier. This benefit is directly related to her small, high cost, backroom and dinner parties because the
benefit fluctuates depending on the party s fundraising. The Premier's small, high profit fundraisers
indisputably raise a reasonable apprehension of conflict of interest about the Premier's role as the head
of Cabinet adjudicating the interests of the donors who pay to attend these dinners she hosts - parties
that fund, and if they are successful, increase, her personal financial transfer from the party worth in
excess of $150,000 to the Premier.
Simply because the donation money from these private dinners briefly visits the BC Liberal party before
ending up in Ms. Clark's pocket does not, for the purposes of the Act, eliminate the direct, personal,
financial benefit she experiences from these large donations, or the conflict that arises from her
personal knowledge of the amount of the donation and the donor's interests that arises over the course
of a small dinner event.
Commissioner Paul Fraser, Q.C.
Page two
The Premier s share of these donations may as well be passed directly to the Premier by the attendees
of her parties in an envelope at the beginning of the evening-this conduct is outrageous, incredibly
problematic, and directly contrary to the public interest. The laundering of donations through the party
before they are passed to the Premier cannot conceal the reprehensible activity that is taking place here
which has benefitted the premier in six figures.
This conduct raises the question of whether Ms. Clar has disclosed to your office the size of this
donation commission, how it is calculated, and whether you have already made a preliminary ruling
about these payments prior to the information about the private dinners and backroom events
becoming public. I would appreciate your advice on that, and a copy of any earlier written ruling on this
matter if one exists and you are able to release it. If you are not able to release it without the permission
of the Premier, I respectfully request that you ask for that consent.
Second, the BC Liberal Government Caucus is paying for the Premier s lawyer in this matter. In short,
Ms. Clark is using public money to litigate her right to fundraise for the BC Liberal party as she sees fit,
and now to defend her right to take a portion of that fundraising money for her own personal benefit.
There is no public interest in the Premier being able to continue these private $20,000 parties and flow
money to her leader's allowance , and so no justification in her spending public money to defend the
indefensible.
By having the public pay for her lawyer, Ms. Clark is exercising her power as the leader of the BC Liberal
caucus to direct, or allow a benefit to be directed, to her own advantage: namely, a free lawyer who she
has retained to protect her personal financial and political interests. This conflict of interest in the
administration of the public benefit of free legal counsel is in addition to, and is separate from, my
original complaint. I request that you add this separate complaint to my original complaint filed with
your office.
Yours truly.
David Eby, MLA
Vancouver - Point Grey
