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Sex offender James Conway housing arrangement ruled a conflict of interest

Click to play video: 'Conflict of interest report into Conway controversy'
Conflict of interest report into Conway controversy
ABOVE: A report finds a conflict of interest in the placement of convicted sex offender at a house in Mission. But as John Hua reports, the findings are doing little to satisfy the community – Dec 22, 2016

A three-month independent review has concluded the housing arrangement that brought convicted sex offender James Conway to Mission, B.C., was in clear violation of conflict of interest rules.

The conflict was first brought to light in a Global News investigation that found the Mission home where Conway was moved to was purchased by Lynnett Stucky-Mack, a manager of WJS Canada which was awarded the public contract to provide his housing. Land title documents also showed that Stucky-Mack shares the same home address as Anne Nikon, an executive director, board member and shareholder of WJS Canada. Nikon has also been described as the main steward of the entire B.C. program overseeing both residential and justice services.

“We learn and we move forward,” said Caroline Bonesky, who took over the role of WJS Canada CEO midway through the investigation.

Bonesky insists the mistake was made with good intentions, trying to offer the client stability from protests and possible eviction.

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Mission Mayor Randy Hawes says Stucky-Mack had plenty to gain personally by purchasing a property for the sole purpose of leasing it back to a guaranteed tenant funded by taxpayers. He adds the fact she lives with Nikon, who has influence over the selection process, raises serious doubts.

Both women held high-level roles in the company tied to policy adherence and quality assurance.

“When somebody is going to profit like that, I would suggest somebody saw a money-making opportunity and took it,” said Hawes.

Global News has asked WJS Canada and Community Living British Columbia (CLBC), the provincial agency that awarded the contract, for the lease details of how much Stucky-Mack receives each month. Those requests were denied.

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Recommendations made by third-party reviewer BDO Canada includes creating an independent review committee to oversea all future conflicts of interest. The committee cannot include any WJS Canada managers or stakeholders. The committee will have to wait for complaints to be brought to their attention, instead of proactively looking for possible conflicts.

When asked who is in charge of selecting the members of this committee, Bonesky admits it is the WJS Canada board which Nikon remains a member. She did say the Nikon is currently still on administrative leave and will not be involved in the implementation of any of the BDO recommendations.

NDP public safety critic Mike Farnworth questions whether that is enough. He worries the two people involved in the conflict of interest have considerable influence in the company whether they are directly involved or not.

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“I think there has to be a complete separation of any individuals where a conflict of interest has been found and any future dealings between the province,” he said.

Farnworth adds the conflict of interest renews concerns the current location was chosen for all the wrong reasons and not what was best for Conway or the community. He is calling on the minister responsible for CLBC, Michelle Stilwell, to order the immediate cancellation of the current lease with WJS Canada and press the reset button on the location selection process. The current location was advertised as being within walking distance of several schools.

In a statement, Stilwell writes:

“This matter is concerning and CLBC has assured me that it will not be conducting any further business with WJS until an independent conflict committee has been put in place and all of the audit’s recommendations are implemented.”

CLBC says it had ordered WJS Canada to change the ownership of the property where Conway is being housed or the lease will not be renewed next August.

Mayor Hawes says Stucky-Mack should not receive any more lease payments and should return the amount collected so far back to the taxpayer.

“It’s your money and my money,” he said. “It’s wrong and it needs to stop now.”

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Hawes questions any deal which leads to the sale of the property. He says no legitimate buyer would be interested as the address is at the centre of a lawsuit launched by the municipality concerning an alleged breach in zoning by-laws.

WJS Canada says it remains optimistic and hopes to regain the public’s trust by implementing new policies and being more transparent.

When the new CEO was asked what consequences, if any, Stucky-Mack and Nikon will face for the proven conflict of interest. Bonesky refused to answer.

“I’m not going to talk about personnel matters in the public.”

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