Trustee Election Contributions And Disqualifying Conflicts Of Interest

In British Columbia and across the country, school trustees will face election in the fall. In the run-up to the election, it is important to bear in mind that election campaign contributions have been the basis for claims of disqualifying conflicts of interest.

While the case law indicates that a disclosed election campaign donation does not amount to a conflict of interest in and of itself, the donation may be evidence of a conflict which should result in disqualification of the elected official. Much, however, depends on the unique circumstances around the donation, as discussed in further detail below.

WHAT IS A DISQUALIFYING CONFLICT OF INTEREST?

In British Columbia, both the School Act, R.S.B.C. 1996, c. 412 and the common law establish rules about conflicts of interest that are applicable to school board trustees. Other provinces have similar legislation with similar requirements.