Sayward Mayor Mark Baker has filed a civil suit for defamation against former CAO John France.
The suit, a 22-page document filed with the Supreme Court of B.C. in Duncan on May 3 alleges defamation by France with remarks about Baker posted to the Sayward Facebook Rant and Rave page, relating to a previous alleged sexual harassment complaint against Baker.
However, the suit adds, an independent firm concluded that the previous complaint B次元官网网址渄id not raise issues serious enough to justify spending large sums of public money on a formal investigation,B次元官网网址� the suit reads.
The suit says that France began making defamatory posts on Facebook about Baker in August, 2023 and continued until March of this year.
B次元官网网址淎t the time of filing this proceeding, (France) continues to refuse to resile from his false and defamatory accusations against (Baker) and has not apologized publicly or privately for them,B次元官网网址� the suit says.
It adds that B次元官网网址渁s a direct result of the defamatory posts B次元官网网址� (Baker) has suffered grave harm to his reputation, both in the Sayward Valley and also more broadly in the SRD. Several constituents in Sayward and elsewhere have made online posts accusing the plaintiff of engaging in criminal misconduct and suggesting he should be arrested and removed from office.B次元官网网址�
In February, 2023, Baker and two fellow councillors, Scott Burchett and then-councillor Kohen Gilkin attended a municipal conference in Nanaimo. The three stayed in a Nanaimo hotel, and BurchettB次元官网网址檚 girlfriend Talia Clark arrived on the second night of the conference to spend time with Burchett.
Shortly after the conference, Clark filed a complaint with the village of Sayward, alleging that Baker had B次元官网网址渓ooked Ms. Clark up and down early in the morning in the lobby of the Nanaimo hotel after Mr. Burchett mentioned that he had been B次元官网网址榰p all night,B次元官网网址橞次元官网网址� and had B次元官网网址済iven councillor Gilken advice B次元官网网址榠n regards to womenB次元官网网址� and made a B次元官网网址榥umber of sexual commentsB次元官网网址� while at the Nanaimo hotel restaurant or bar.B次元官网网址�
Other alleged actions included Baker putting his hand on ClarkB次元官网网址檚 arm during a previous event, and making other B次元官网网址渋nappropriate remarksB次元官网网址� during the Nanaimo event.
B次元官网网址淣otably, Ms. Clark does not allege that the mayor touched her in a sexual manner, made any sexual comments to or about her, asked her for sexual favours, asked her out or otherwise made any advances of a sexual or intimate nature,B次元官网网址� the suit says. B次元官网网址淭he plaintiff (Baker) says that Ms. Clark does not live in the Village of Sayward and had no reason to attend council meetings, other than to cook up false allegations against the plaintiff at Mr. BurchettB次元官网网址檚 urging.B次元官网网址�
Baker also denied looking Clark up and down for any reason, and that the complaints were B次元官网网址減redicated on manufactured offence on the part of Ms. Clark and Mr. Burchett.B次元官网网址�
The village CAO Keir Gervais hired the consultant firm to investigate the allegations.
JB Consultants, after interviewing those involved, concluded that the allegations B次元官网网址渄id not raise issues serious enough to justify spending large sums of public money on a formal investigation,B次元官网网址� and recommended informal mediation for Baker, Burchett and Clark.
After the mediation, Baker wrote an apology letter to Clark, saying B次元官网网址淚B次元官网网址檓 sorry to hear that you feel disrespected by my sense of humor and/or actions. It was not, nor has it every been my intention to offend you or anyone else. I often use humour to lighten the atmosphere in any given situation B次元官网网址� I will always value constructive feedback as well as open honest communication and want to ensure that my responses are respectful and considerate of everyoneB次元官网网址檚 feelings.B次元官网网址�
The suit says that after the mediation, Burchett was B次元官网网址渁ngry and made vitriolic and abusive comments towards (Baker)B次元官网网址� and Clark B次元官网网址渞eported the innocuous conduct reported in her complaint to the RCMP. The RCMP spoke with the plaintiff and concluded that the complaint did not merit further investigation.B次元官网网址�
After these events, France, the defendant in the defamation suit, posted multiple times to the local Facebook page, referring to alleged B次元官网网址渟exual harassment behaviour of the mayor.B次元官网网址�
Baker sent France a cease and desist letter, to which France responded by posting on Facebook, calling it a B次元官网网址淪LAPPB次元官网网址� letter. France continued posting until March, 2024.
A SLAPP letter, according to the University of Calgary, is a strategic lawsuit against public participation, which is designed to B次元官网网址渇orce political opponents into a legal battle and intimidate them away from participation in political dialogue.B次元官网网址� B.C. has enacted legislation against it.
BakerB次元官网网址檚 suit says that FranceB次元官网网址檚 words would make people believe Baker was B次元官网网址渁 nasty person who is guilty of sexually harassing several different women and has a propensity to abuse women sexually.B次元官网网址� As well, that he is B次元官网网址渁 powerful person trying to hide his misconduct by silencing a legitimate critic.B次元官网网址�
Baker is seeking an injunction against France making more comments, as well as general, aggravated, and punitive damages.
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