Ex-board president to go to trial in September
Three former members of the Humane Society Yukon's board of directors have been given suspended sentences with two years' probation and banned from being executives for other societies during that time.
Three former members of the Humane Society Yukon's board of directors have been given suspended sentences with two years' probation and banned from being executives for other societies during that time.
Meanwhile, the former president of the embattled organization is planning on fighting the charges in territorial court.
Maryanne Baer, Isabelle Cote and Gerald Thompson appeared in court this morning in front of Judge Richard Thompson.
All three pleaded guilty to one count under the territory's Society Act of failing to comply with an order from the registrar.
The women both agreed to their sentences while Thompson raised concerns about the order that would keep him off other boards.
Vancouver lawyer Eric Dolden, representing the board members over the phone, said former president Shelley Cuthbert wishes to plead not guilty. A trial has been set for September on her charges.
Cuthbert did not appear in court this morning.
Crown lawyer Tracy-Ann McPhee told the judge the sentences provide a message to the community about the importance of these types of positions and the need for board members to understand their roles before they sign up.
The charges stem from the summer of 2012, when a formal complaint was filed with the registrar about the goings-on at the humane society.
Over the summer, the registrar made "many, many efforts to resolve the issues,” McPhee said.
Ultimately, a 19-page report was issued on Sept. 10, 2012. In it, the registrar ordered that a new board of directors be elected and memberships be issued for a group of people who were, at the time, being denied.
Not long after the report was issued, the board responded that it would not comply, McPhee said.
In December 2012, the issue was brought before the Yukon Supreme Court, where a judge ordered the new elections.
In court, the board's lawyer at the time argued the banned members in question were damaging the society. It had the right to screen potential members, she said.
In the end, Justice Leigh Gower ordered the members' reinstatement and that any pending memberships be processed in time for the AGM. A new board of directors was elected days later.
The two-year probation term issued in court today is the maximum length available in this case.
Thompson is a 15-year member of the Lake Laberge Lions Club and the current secretary. He asked the judge to grant an exemption for the club so he could continue in his position.
McPhee told the court she was originally willing to consider the exemption but then found out the Lions Club itself is not in good standing. The last documents it produced for the registrar date back to 2011, when they are meant to be done annually.
Thompson told the judge the club is prepared to file all the required documents next week. He argued that forcing him to give up his position with the Lions Club would be detrimental to the group.
Currently, all of the club's members are also volunteering as directors, he said.
Lions Club president Ken Schick addressed the court on Thompson's behalf. He called the long-time volunteer "his right-hand man” and one of his strongest allies in getting the club's finances in order.
Regarding the humane society, where he was the treasurer, Thompson told the court he "got caught up in the politics of this one,” and regrets what happened.
Thompson estimates he has spent hundreds of hours volunteering for various organizations in the community.
In the end, the judge ruled that for the sentence to effective, there could not be any exceptions. He gave Thompson the same punishment as the other board members.
The judge was quick to point out that this decision had little to do with the Lions Club, adding that he's glad to see members are working to get the paperwork in order.
The humane society has been a frequent topic in the news since the concerns of the registrar were first made public.
The new board of directors held a meeting on the evening of April 29 to present its financial documents.
The financial statements show a $90,000-plus deficit at the end of 2012.
The society stressed it's now in a much better financial situation than it was at the end of last year.
Comments (2)
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Max Mack on May 13, 2013 at 2:29 pm
Shameful actions by the Government of Yukon. Was it really necessary to prosecute these directors? Ridiculous.
How about prosecuting the former directors and society members that were interfering with society business?
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Adele Sandrock on May 10, 2013 at 12:02 pm
"Meanwhile, the former president of the embattled organization is planning on fighting the charges in territorial court."
... is Mrs. Cuthbert finally paying the costs in fighting those charges or again the insurance of HSY is chipping in? That insurance company has my deepest sympathy.
Maybe there is an insurance for lost souls that might cover "any planning on fighting the charges" and is eager to waste money. A serious insurance company who might lose their reputation will finally drop the former president as a client and let her pay her own way. Amen.