DVBIA must pay Pivot for improper conduct in Ambassador case, says Tribunal

Downtown Vancouver Business Improvement Association engaged in "improper conduct" says Tribunal, and had significant impact on integrity of Tribunal process

Vancouver, November 6, 2009 - The BC Human Rights Tribunal ruled today that Charles Gauthier, Executive Director of the Downtown Vancouver Business Improvement Association (DVBIA), engaged in improper conduct by disclosing confidential proceedings related to the discrimination complaint against the DVBIA filed by Pivot Legal Society and VANDU in June 2008.

The Tribunal awarded Pivot and VANDU $2000 in costs, finding that Mr. Gauthier’s improper conduct “had a significant impact on the complainants and on the integrity of the Tribunal’s processes”.

Pivot and VANDU brought the complaint to highlight discriminatory practices and policies on the part of the Downtown Ambassador program. The Downtown Ambassadors are Genesis security guards contracted by the DVBIA and, until recently, partially funded by the City of Vancouver.

The complaint alleges systemic discrimination against homeless people by the Ambassadors, who target homeless people and panhandlers on streets and sidewalks and force them to move along. The DVBIA and City attempted to have the complaint dismissed without a hearing, and their application was rejected by the Tribunal on July 3, 2009.

Following the Tribunal’s July 3, 2009 decision, DVBIA Executive Director Charles Gauthier made numerous comments to the media in which he disclosed and misrepresented confidential elements of settlement discussions between the parties.

Pivot declined to respond to these comments due to the confidentiality agreement signed by all parties during the settlement meeting.

In her decision, Tribunal Member Beharrell highlighted the prejudicial impact of Mr. Gauthier’s statements on the complainants: “As a result of Mr. Gauthier’s comments, and the complainants’ appropriate refusal to respond to those comments in a public forum, [the complainants] have suffered prejudice.” She ordered the DVBIA to pay Pivot costs of $2000 due to the significant prejudicial impact on the complainants and on the integrity of the Tribunal’s processes.

“Mr. Gauthier’s statements put us in a difficult position” said Laura Track, Pivot’s housing campaign lawyer. “We wanted to refute his claims, but felt bound to respect the Tribunal’s processes and the confidentiality agreement we had signed. As a non-profit organization with limited resources, we are pleased to obtain such a significant costs award, which will go some distance to helping us fund this important litigation.”

The Tribunal dismissed the DVBIA’s cross-application for costs against Pivot and VANDU. Tribunal Member Beharrell stated that she had “a number of concerns” with the DVBIA’s application, in which Mr. Gauthier continued to disclose confidential information related to the settlement – information that is not admissible in Tribunal proceedings.

The final hearing of the Pivot-VANDU complaint is scheduled to be heard in May, 2010.