Abbotsford Police Department cars are pictured at the APD headquarters in Abbotsford, British Columbia on February 19, 2015.Ben Nelms/The Associated Press
The mayor of Abbotsford, B.C., says he has no other option but to look at zoning bylaws as a means of getting a convicted child sexual offender out of a remote neighbourhood in his Fraser Valley community after police and neighbours raised concerns about the man's presence.
Henry Braun said the situation with 40-year-old James Conway reflects the larger challenge that B.C. municipalities face dealing with such offenders in their communities, adding he hopes the issue will be the subject of discussion at next month's annual meeting of the Union of B.C. Municipalities.
Earlier this month, Abbotsford police issued a public notification warning that Mr. Conway was in the community, and that he has a criminal history that includes multiple convictions for sexual assault and sexual interference. The history also includes arson and mischief, as well as failure to comply with a court order and breach of recognizance.
In a telephone interview Monday, Mr. Braun said Mr. Conway is living under conditions in a home in an isolated area of Abbotsford with another individual and a caretaker, so he has asked city staff for a review of whether this constitutes a recovery house and whether it meets zoning bylaws.
If it does not meet bylaws, there would be options for getting Mr. Conway out, Mr. Braun said.
The mayor said he is not making a desperation play amid public calls for action.
"I wouldn't classify it as a Hail Mary pass; I think it is the only option that is available to me," he said, adding he intends to raise the issue with the province's Attorney General as well.
As for putting the issue on the agenda of municipalities elsewhere in the province, UBCM president Sav Dhaliwal said he has not seen many resolutions on the issue in the past but is open to discussing it.
"If this is something Mayor Braun wants to talk about at our meeting in September, then that's something we want to hear about," he said in a statement.
But Mr. Braun's tactics have raised the ire of the B.C. Civil Liberties Association.
"With respect to the use of the city's zoning power … I would query how many residences in Abbotsford already contain two persons plus a caretaker," association counsel Laura Track said in a statement.
"I would guess there are several, and perhaps many. The wisdom of selectively enforcing this bylaw in this context is questionable."
In a statement, BC Corrections spokeswoman Cindy Rose said Mr. Conway has been under "intensive" supervision for his "numerous" conditions since his release and they will be strictly enforced by police and BC Corrections.
"While communities have jurisdiction over their own zoning and bylaws, it is solely up to the judge in each case to put limits on where an offender can or should live. Neither the province, nor BC Corrections or local governments have the legal authority to tell offenders in which community they can or cannot live."
The municipal action comes after a rally over the past weekend outside the home where Mr. Conway is living under conditions that include not engaging in activities, contact or volunteer work, or being in locations, where those under 18 might be present. He is being electronically monitored and is under a 24/7 curfew except when in the company of an approved individual.
Despite the conditions, Mr. Braun has a number of concerns. Mr. Conway is in a home about 25 minutes from the urban centre of Abbotsford and the mayor would prefer he be someplace where more people might be able to monitor the property.
"If we're going to place an individual in Abbotsford, I would have thought that [BC] Corrections would do that in an area where there's more eyes on the property," Mr. Braun said. "If something happens, the police are 20 minutes away and that is a concern to me.
"My No. 1 priority is for the safety and security of our citizens, so I get when young moms are telling me they're afraid to let their young girls out on the street."
Abbotsford police are investigating three incidents involving eggs being thrown at the house and one of rocks, as well as an equal number of reports of swearing and verbal threats against the caregiver. Often the objects have been thrown from moving vehicles at night. "These are concerning to us, of course," force spokesman Constable Ian Macdonald said in a statement.
"The issue remains a priority for us as it was Aug. 1 when we did the public notification," he wrote.
Ian Bailey