VICTORIA — Premier David Eby has called on two independent MLAs facing Criminal Code charges to step down from their legislative seats, a position that contrasts with his party's past approach.
Eby's Stance on Resignation
The premier, a former attorney-general and head of the B.C. Civil Liberties Association, acknowledges the presumption of innocence but questions whether charged politicians can effectively serve constituents while defending themselves in court.
“People facing serious criminal charges should have to resign,” Eby reiterated this week. “Everyone’s entitled to their day in court, and I’m a strong believer in the principle that someone should have the right to defend themselves in court. But at the same time, it is very hard to imagine how somebody facing serious criminal charges can also simultaneously represent their community. That is asking a lot both in terms of conflict of interest, but also in terms of just schedule.”
The Charged MLAs
Richmond Centre MLA Hon Chan faces charges of assault, assault by choking, and uttering threats. Peace River North’s Jordan Kealy is charged with sexual assault. Both were elected as B.C. Conservatives in the 2024 provincial election, maintain their innocence, and now sit as independents.
Historical Context: NDP's Past Position
Eby's current stance marks a departure from the NDP's handling of a similar situation in the 1990s. When NDP MLA and former Premier Glen Clark was charged with breach of trust and fraud in October 2000 over a casino licensing scandal, the party did not expel him from caucus or demand his resignation.
Then-NDP whip Gerard Janssen stated at the time, “A person is innocent until proven guilty, and I hope that people will respect that.” Clark himself refused to resign, saying, “Why would I? I’m still the MLA for Vancouver-Kingsway. I love my constituents and still live there and represent them as best I can. I am innocent and I intend to prove that in court.”
Clark retained his seat until the 2001 election and did not run again. He was later acquitted by B.C. Supreme Court Justice Elizabeth Bennett, who ruled that while Clark exercised poor judgment, his actions did not warrant criminal sanctions. She also rejected claims that charges should never have been laid, emphasizing the importance of investigating allegations to maintain public confidence in the justice system.
