By Dominic Abassi

Crown forced to prove grounds for peace bond against ex-Nanaimo CAO Samra

Jun 1, 2018 | 3:24 PM

Nanaimo’s former chief administrative officer and her lawyer are calling on the Crown to prove there’s merit to an application for a peace bond against her.

A June 5 court appearance will no longer go ahead for Tracy Samra, who instead will have a hearing before a judge in Provincial Court in Nanaimo on Oct. 5. The hearing will allow a judge to determine if there’s a basis for a peace bond, similar to a restraining order, against Samra.

Robert Mulligan, Samra’s lawyer, told NanaimoNewsNOW it’s not correct to say Samra is “challenging” the bond because “Whoever started the proceedings needs to show whether it’s well-founded.”

He declined comment when asked if he felt there were grounds for a no-contact order against his client.

In March, a special prosecutor approved the Crown’s application for the peace bond, citing nine people had reasonable grounds to fear personal harm or injury by Samra. Those included mayor Bill McKay, councillors Sheryl Armstrong and Diane Brennan, as well as several former and current City of Nanaimo staff.

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The special prosecutor was appointed after Samra was arrested for allegedly threatening several people at City Hall on Jan. 31.

Mulligan said it’s possible some or all of the people listed as having reason to fear Samra could be called to testify during the October hearing.

Samra was fired for cause by Council on May 25 following an independent investigation by the City into the January incident and several other alleged transgressions.

Mulligan said the change in her employment status is a “significant part of the background” for the upcoming hearing because she no longer works or lives in Nanaimo.

When asked if that, in his mind, provides grounds for the bond to be dismissed, he said “The context is changing. The judge must consider what is the state of affairs at the time of the hearing.”

When reached for comment, Coun. Armstrong said she looks forward to a chance to testify before a judge.

When someone is the subject of a peace bond application they essentially have two options: Take the matter to a hearing or wave the hearing and accept there is basis for the bond.

A person bound by a peace bond is not convicted of an offence and will not have a criminal record.

The hearing is scheduled for one day and would occur just over two weeks before the municipal election. Samra will continue to be bound by her release conditions which say she may not, among other things, go with 100 metres of City Hall, contact any of the people listed in the bond or possess any weapons.

Samra’s case was previously adjourned four times since March.

dom@nanaimonewsnow.com

On Twitter: @domabassi