Why Penticton voters can’t recall a councillor on trial for historic sex crimes

The wheels are turning to get a controversial Okanagan MLA recalled out of office, but Penticton voters who have a councillor on trial for sex crimes don’t have the same recourse.

Kelowna-Lake Country-Coldstream MLA Tara Armstrong is facing a recall campaign to remove her from office, but Penticton city councillor James Miller is on trial for sex crime charges relating to his time as a youth basketball coach, and there isn’t much people can do except wait for a verdict.

Armstrong is accountable to her constituents because B.C. has the Recall and Initiative Act which allows voters to petition to get an MLA removed from office. Petitioners have to collect signatures in person from 40 per cent of registered voters in Armstrong’s riding to trigger a byelection.

While MLAs can legally be recalled by voters, B.C. doesn’t have the same legislative mechanism for city councillors.

Miller was first arrested in August 2024 on sex crime charges from when he was a youth basketball coach in Sarnia in the 1980s and 1990s, and he has been on mandatory paid leave from Penticton city council ever since. He continues to work as the editor for the Penticton Herald and Kelowna Courier.

His five week trail began Monday, March 30, on three counts of sexual interference, two counts of invitation to sexual touching, and one count of sexual assault against a person under the age of 16. A second trial is set to begin in May for several other charges involving other victims.

An online petition calling for Miller to resign started back in November 2024 and it has 1,215 signatures. But it doesn’t have much sway since there isn’t a legal mechanism for voters to recall city councillors and Miller publicly stated his determination to finish out his term which ends this October.

The Recall and Initiative Act that threatens Armstrong’s job is just for elected representatives at the provincial level, it doesn’t include anything for municipal leaders.

In December, Penticton-Summerland MLA Amelia Boultbee introduced a bill to make it easier for British Columbians to recall MLAs, but it doesn’t include anything about recalling municipal officials.

Voters can’t remove a councillor from office but there are ways a city councillor or mayor can be disqualified from office, including if they are convicted of a crime.

In 2022, the Ministry of Municipal Affairs put in two legislative changes to disqualifying a city councillor from office. The first is that an elected official has to go on paid leave once they are charged with a criminal offence, and the second means an official is disqualified from office once they are convicted of an indictable offence including a serious crime like sexual assault.

In 2018, when the Union of BC Municipalities pushed for a way for voters to recall local government officials, the Ministry of Municipal Affairs said it would be tricky to create a recall legislation for local governments like the one that exists for provincial leaders.

“The Ministry of Municipal Affairs and Housing takes these matters very seriously; however, this is a sensitive issue, triggering complex policy, legal, and practical questions. The legislation should balance the principle that it is the electors choice to decide who should best represent their interests in their communities with statutory restrictions to protect communities from candidates who are unsuitable for public office,” the ministry said in a statement.

B.C. and Alberta have legislation that allows voters to recall provincial politicians.

Alberta is the only province with municipal recall legislation similar to what exists for provincial MLAs. Alberta’s law for civic politicians is similar to B.C.’s law for provincial MLAs and it was enacted in 2023.

Federal MPs are also not subject to a recall, but there have been unsuccessful attempts to draft laws that would allow for voters to recall their members of parliament.

Miller has been absent from Penticton city council for roughly 19 months and all voters can do is wait for the court to make a choice, or ask him to resign.

“We need to make him understand the serious consequences of his actions. Let the justice system run it’s course and the city run itself. Please resign James,” the online petition reads.