The City of Chilliwack improperly subdivided 66 different parcels of agricultural land between 1991 and 2009, including at least one property co-owned by former solicitor-general John Les, an investigation has found.
The investigation by the Agricultural Land Commission followed public revelations two years ago that Les was being investigated by the RCMP.
Les stepped down as solicitor-general March 28, 2008, amid news that the RCMP and a special prosecutor were examining whether he “improperly benefited from any commercial transactions involving land developers.”
In its report, the land commission found that one of the 66 violations involved land Les co-owned and subdivided through a numbered company while he was mayor of Chilliwack.
Les served as mayor from 1987 to 1999. He was first elected as an MLA in 2001.
The land commission launched its investigation in April 2008 — days after Les announced his resignation — to look into why a municipal official subdivided property linked to Les, despite the commission twice refusing to break the property up on the grounds it would be bad for agriculture.
The commission soon widened its probe, announcing it would conduct
a “review of subdivision approvals granted by the City of Chilliwack dating back to the mid-1990s to the present time.”
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In its report, the commission said it looked at 250 files relating to subdivisions in Chilliwack, and found that 66 are “inconsistent with regulations.”
“The high number of inconsistent decisions is cause for concern,” said the report.
“The ALC cannot turn back the clock and is compelled to accept that some agricultural lands in Chilliwack have been negatively affected by a number of boundary adjustments made by the City,” it added.
The report also found an inordinate number of agricultural subdivisions took place in Chilliwack.
“Between November 1, 2002 and February 10, 2009, 97 municipalities collectively authorized 115 boundary adjustment subdivisions of which 53 were in Chilliwack,” the report said.
“The next highest number occurred in the City of Abbotsford where 34 boundary adjustment subdivisions were authorized.”
The report did not refer at any point to Les by name.
On Wednesday night, Les refused to comment, saying he will not speak on the issue until after the special prosecutor has released his report.
At the time he stepped down, Les insisted he had done nothing wrong.
Earlier this month, the special prosecutor in the case said the RCMP had completed its preliminary investigation and that he needed to review the file before making a decision on any potential charges.
The property connected to Les that appears in the land commission report is on Rosebank Place in Chilliwack.
A previous owner attempted to subdivide the land in 1991, and again in 1992, but was turned down both times.
In 1997, a numbered company coowned by Les bought the same 11-acre property and subdivided it and two smaller adjacent properties without ever going to the land commission for approval.
The Agricultural Land Commission Act provides for fines of up to $1 million and six months in jail for violations of the act. The commission has three years after the facts in a case come to its knowledge to pursue a penalty.
In a statement Wednesday night, Minister of Agriculture Steve Thomson said he could not comment on the matter until after the special prosecutor has completed his report.
But he said he’s willing to work with the commission to make any necessary changes.
“If the ALC is of the opinion that further legislative or regulatory changes are required to ensure it has the power to properly enforce its mandate, then I am always happy to discuss possible changes,” he said.
jfowlie@vancouversun.com With files from Chad Skelton
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