By NanaimoNewsNOW Staff

Controversial email from mayor sealed in legal battle over Nanaimo privacy breaches

Oct 17, 2018 | 2:16 PM

NANAIMO — Despite being circulated online for years, a confidential and controversial letter from Nanaimo’s mayor will be sealed during an upcoming court case between the province and a Nanaimo councillor.

The Honourable Justice Robin Baird has agreed to seal the letter from mayor Bill McKay, written to a facilitator involved in attempting to repair the fractured relationships among councillors in 2015. The letter found itself on the truck windshield of Tim McGrath and was shared online by McGrath, current coun. Gord Fuller and Matt O’Donnell.

All three are now being petitioned in the Supreme Court of B.C. by the attorney general to delete their social media posts and destroy any physical copies of the letter they have.

The legal case follows an investigation by the Office of the Information and Privacy Commissioner, which found the leak did contravene privacy legislation but couldn’t determine who put the letter on McGrath’s windshield.

“Its public disclosure not only violated the Freedom of Information and Protection of Privacy Act, but constituted a serious trespass against the privacy and dignity of a number of people referred to in it,” Baird wrote in his written decision.

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Baird said there is a strong case to limiting access to the email during the legal proceedings. A copy of it will be provided to the three respondents after they’ve signed a written agreement not to share the copy of the letter they receive.

At this time, Fuller and the other respondents still have their copies of the letter and one has even shared it online after the Oct. 1 hearing.

Two legal letters, written in December 2015 on behalf of coun. Diane Brennan regarding being censured for raising issues with the hiring of then-city manager Tracy Samra, were also circulated online and are involved in the case.

However, Baird said he won’t seal the two letters.

“The letters were not expressed to be confidential…all issues raised in the letters are old news (and) well known to all informed Nanaimo citizens. The censure motion was a matter of public record.”

The attorney general and the respondents will be back in court on Nov. 5 for an application hearing to have them destroy any copies of the documents they currently have.

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