An advocacy group is raising concern about a senior British Columbia judge’s involvement with a Vancouver-based organization..The concerns, after having quietly circulated via email threads and private messaging groups since last week, were raised publicly by the Canadian Society for the Advancement of Science in Public Policy (CSASPP) Sunday — identifying “potential conflicts of interest” involving the Supreme Court of BC's Chief Justice Christopher Hinkson, which it hopes will strengthen the appeal for its vaccine passport petition recently axed by the judge..“Let me begin by saying that we cannot comment on whether this is an actual conflict of interest or not. We can, however, say with confidence there is, at the very least, the appearance of one,” said CSASPP’s Executive Director Kip Warner..The perceived conflict stems from Hinkson’s position on the board of directors at the Vancouver Foundation, which works with individuals, charities, and businesses to create endowment funds. The original capital is then invested and generated income is dispensed to various entities..In a previous interview, Warner questioned where the Vancouver Foundation's $1.2 billion Consolidated Trust Fund (CTF) had been invested and how the dividends had been distributed, noting it's “almost impossible to imagine" a portfolio that doesn’t have investments in the pharmaceutical industry..“This is standard, among real estate, energy, mining, technology, and so forth,” said Warner..“Anyone with a portfolio of that size, unless specifically instructing their portfolio managers otherwise, will have holdings in the pharmaceutical industry. It would be exceptionally rare a fund of this magnitude would omit such a sector in its investment strategy.”.The Western Standard has tried repeatedly without success to obtain comment from the foundation..The foundation doesn’t disperse the principal of its funds. Rather, it invests it with the assistance of portfolio managers from major financial institutions tasked with generating dividends to increase the CTF — the proceeds of which are then dispensed to various non-profits and charities..Warner highlights page four of the foundation’s investment policy, which details the division of the CTF, showing Canadian and global equity as having a combined allocation of 55%..“This means the CTF is being used to purchase stock in private sector for-profit corporations that are traded on the exchange,” said Warner..According to the foundation, the board is kept apprised of where the CTF is invested..Warner added where the money's invested to generate more is “half of the problem,” suggesting the other half is where the proceeds are allocated..In recent years the Vancouver Foundation donated to, among others, the BC Centre for Disease Control Foundation for Public Health (BCCDC Foundation), Fraser Health Authority, Vancouver Coastal Health Authority, and has even ponied up small donations to a charity created by the CBC..The question of where money went after the Vancouver Foundation donated it to the BCCDC Foundation is “also worth commenting on,” Warner says, further stating “a sophisticated organization, such as the Vancouver Foundation, cannot reasonably be said to not know where the aforementioned benefactor receiving a donation would subsequently direct it to.".As per Warner’s analysis, the destinations are “problematic.”.Since 2017 the BCCDC Foundation — which has only a small handful of benefactors per year — donated nearly $2 million to the Provincial Health Services Authority (PHSA.).This is problematic in Warner's eyes because the PHSA is Provincial Health Officer Dr. Bonnie Henry’s employer. Henry is named as a defendant in litigation spearheaded by CSASPP, including a petition against the province’s previously imposed vaccine passport policy that Hinkson presided over..READ MORE: Grim week for several of BC's vaccine-related court cases."It is impossible for any reasonable person to characterize the movement of substantial sums of money in this manner under the direction of the Chief Justice as, at the very least, not carrying the perception of a conflict of interest,” said Warner..The Judges Act, respecting judges of federal and provincial courts, states “No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties.”.However, the reason Hinkson’s position at the Vancouver Foundation doesn't violate the Judges Act is because it is interpreted as falling within the parameters of “judicial duties.” This is due to the Vancouver Foundation Act, which states that the Chief Justice of the BC Supreme Court must be a member of the board, with the only exception being another BC Supreme Court judge hand-picked by the court’s Chief Justice..Nonetheless, CSASPP reiterates such an arrangement is “incompatible with values in a free and democratic society.”.“Despite the great deal of positive work the foundation does, it is problematic in any Western liberal democracy that a senior judge could have that much influence over the social, political, and economic life of British Columbians external their role as an adjudicator.”.Incorporated in 1943, the Vancouver Foundation says its vision is to “create healthy, vibrant, and livable communities” by supporting projects that address “the root causes of important issues.”.The Vancouver Foundation further states its board is made up of “people with a wide range of knowledge and experience that sets and guides the plan for how we might fulfill our mission and vision.”.Joe Gallagher, vice-president of Indigenous Health & Cultural safety at the PHSA also appears to be a board member of the Vancouver Foundation..“The potential conflicts transcend CSASPP’s affairs,” said Warner..“With the Vancouver Foundation donating to various policing charities, and the chief justice potentially presiding over criminal matters, endless new questions are raised about every destination of the foundation’s money.”.The Vancouver Foundation's lobbying activities are listed publicly..Whoever holds the position of Chief Justice at the Supreme Court of BC is mandated to sit on the Vancouver Foundation's board, with limited exceptions, and it has been that way for 80 years. The policy hasn't been publicly highlighted as "problematic" until recently..No salary, reward, or profit of any kind may be paid or given to any member of the board, as per the Vancouver Foundation Act.
