(File Photo/battlefordsNOW Staff)

By Julia Lovett-Squires

Crim Checks for Mayor

Candidates for mayor, city council to complete criminal record checks

Jun 25, 2024 | 4:29 PM

Anyone looking to jump into municipal politics in North Battleford will first have to submit a criminal record check.

During the city council meeting on Monday night, a bylaw was proposed and adopted that will require all those seeking to run for the role of mayor or as a councillor, would first need to submit a criminal record check and include it with their nomination package.

According to the bylaw, in Section. 63.1 of the Cities Act, “A council may, by bylaw, require that every candidate submit a criminal record check.” The amended provincial legislation of the Local Government Election Act passed in 2009 said checks “must have been completed not more than 30 days before the date that the criminal record check is submitted with nomination papers.”

According to the proposal, the goal of the bylaw is to foster trust, integrity and accountability in keeping with the city’s values. During the question period, Coun. Kelli Hawtin had concerns.

“I just would like us all to consider the purpose of this bylaw,” she said.

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“I’ve done a little bit of researching of other communities that have implemented a bylaw like this, we can note that city of Saskatoon and City of Regina both declined to implement this type of policy because there’s really no purpose.”

Opposed

Hawtin explained they can’t disqualify a candidate for having a criminal record and noted that while volunteer organizations require them, the bylaw would be useless for council as people can look the information up, and it would amount to an additional technical clerical barrier.

“For that reason, I’m in opposition. I don’t see the necessity, the utility of it at all,” she said.

Coun. Kent Lindgren said having the checks would provide transparency. He explained during the election process, they ask for employer, corporate interests, partnerships, business arrangements and property holdings.

“As a councillor, we publicly disclose all of those things as well and part of what I see the reason of this and it’s foundational to our role as a council member is accountability,” he said.

“It’s not necessarily what we can do with that information, but what the public is able to choose do with that information when they’re choosing who to elect and who to place their votes in in that role.”

Transparency

According to Daniel Westlake, assistant professor with the department of political studies at the University of Saskatchewan, there isn’t much in the way of data on the impacts of these kind of election checks as municipal elections from an academic sense have been understudied.

“It should be noted that the legislation still allows those with criminal records to run for office, they just need to disclose such records,” he said via email.

Westlake said there was precedent as communities like Lampman, Churchbridge have adopted similar bylaws. The Towns of Pense, Osler and Radisson also require their candidates to submit record checks.

In chambers, Lindgren said by making people go through an “onerous” process of having to look up a candidate’s record, it in effect stops people from accessing information. He explained it’s not about telling a potential councilllor they shouldn’t have a seat because of something in their past but rather “also say, ‘This is what happened, if you have questions about it, come here and I will be accountable for my actions,” he said.

“We do that every day when we discuss things publicly here.”

“Some limitations”

According to the Supreme Court of Canada Harvey v. New Brunswick, where a candidate was elected to the legislative assembly and was subsequently convicted under the Elections Act after he “induced a 16‑year‑old female to vote in the election, knowing that she was not eligible to vote.”

Westlake said there are “some limitations on those who have been convicted of some offenses (particularly those related to election law) to be banned from running for office, but part of the reason the New Brunswick ban was upheld by the Court was because the ban only lasts five years.”

Countering Lindgren, Hawtin said the reason they ask for disclosure on the potential councillor’s personal information was to determine any conflicts of interest they may have.

“They do serve a purpose and a utility, they are an item that we need to know when we’re having certain discussions about contract negotiations or the many sensitive discussions we have,” she said.

“I don’t see this as the same as those.”

The bylaw will be used for the first time this fall.

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EDITOR’S NOTE: A previous version of this story suggested a nominee would need to ‘pass’ a criminal record check. In fact, the only requirement is for the nominee to include the paperwork to ensure he or she submitted to a criminal record check. A criminal record does not disqualify a candidate from the election.

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julia.lovettsquires@pattisonmedia.com

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