A British Columbia legislator said MLAs should be required to step away from their roles when they are charged with serious crimes.
Amelia Boultbee, Independent MLA for Penticton-Summerland, said in an op-ed published by The Tyee that constituents cannot trust their MLA to act honourably on their behalf when facing charges such as domestic violence or sexual assault.
The B.C. Prosecution Service (BCPS) said last week that Peace River North MLA Jordan Kealy was charged with one count of sexual assault. Kealy is a former B.C. Conservative who now sits as an Independent. He denied the allegation and said he would continue to advocate for his constituents.
It came after Hon Chan, who represents Richmond Centre, was removed from the B.C. Conservative caucus in March due to domestic violence allegations against him. The BCPS said Chan was charged with assault, assault by choking, and uttering threats.
Chan said in March he disagreed with the allegation and looked forward to defending himself through the legal process. He also now sits as an Independent.
In both cases, the alleged incidents took place before the MLAs were elected to the legislature.
Boultbee said she’s calling on Kealy and Chan to seek paid leave of absences until the criminal matters are cleared.
“I’m not calling for their resignation, and I’m not calling for them to be fired immediately. They’re allowed to defend themselves and have the court adjudicate this,” Boultbee said in an interview with Vista News.
“They’re entitled to the presumption of innocence, and
Boultbee noted that B.C. laws require local government officials, such as mayors and city councillors, to take a paid leave of absence if charged with or convicted of certain criminal offences.
One notable case is Penticton councillor James Miller, who has been on mandatory paid leave since 2024 while accused of sexual offences involving minors.
Boultbee said it makes no sense that similar rules wouldn’t apply at the provincial level. She said she has prepared a private members bill for the fall legislative session that she says would close that “loophole.”
“The way it would work is that once charges are laid, the mandatory leave of absence takes effect immediately until such time as the court has adjudicated. If it adjudicates them guilty, then they lose their seat immediately,” said Boultbee.
She said she is also considering a provision requiring legislators found guilty to repay public funds received while on leave.
Boultbee said the biggest issues at stake are safety and public trust.
“These are high offices that come with a lot of responsibility, and the public is outraged that these two MLAs are just saying that they intend to continue on business as usual,” she said.
“We deal with vulnerable people, including survivors of domestic violence and sexual violence. But even an everyday constituent would be uncomfortable, I would think, going to an MLA who had unresolved charges like that,” said Boultbee.
B.C. NDP caucus members have called on Kealy and Chan to resign.
“The women and survivors of B.C. deserve better,” said Victoria-Beacon Hill MLA Grace Lore in a video posted to social media, and said both men should step down.
Jennifer Whiteside, MLA for Westminster-Coquitlam echoed those concerns in a statement.
“It is inappropriate for someone facing serious criminal charges to continue serving as an MLA,” said Whiteside.
Newly elected B.C. Conservative leader Kerry–Lynne Findlay has so far been silent on the charges against Kealy, despite having his vocal support during her leadership campaign.
