Massive purchases were alleged by witnesses including an artist fee for a $5,000 mural, more than $10,000 in chuckwagon tarp and cowboy sponsorship and airfares for livestock association personnel

The three-day trial of a former Dawson Creek B.C. city councillor accused of Breach of Trust concluded this week, with both Crown and Defense counsels now preparing written arguments before a Justice decides the verdict of Shaely Wilbur.

Wilbur faces a breach of trust charge relating to an alleged incident(s) during Wilbur’s employment as executive director of Obair Economic Society from late 2020/2021 to August 2022. This was also during the end of Wilbur’s 2012-2022 tenure as a Dawson Creek city councillor, and Wilbur’s fall 2022 campaign against current Dawson Creek Mayor Darcy Dober in the 2022 municipal election.

The allegations and cases were made this week in Dawson Creek over a three-day trial.

The Obair Economic Society (OES) was formed in 1987 by a group of citizens concerned about unemployment in Dawson Creek. They wished to provide services to assist unemployed to become employed, especially by removing ‘barriers’ to those who were having the most problems getting a job.

Crown Counsel’s case for breach of trust outlined many examples of what is alleged to be credit card and/or cheque purchases made by Obair – but unrelated to Wilbur’s position as executive director. While large purchases were alleged by witnesses, including a $5,000 artist fee for a mural and more than $10,000 in chuckwagon tarp and cowboy sponsorship, as well as airfare for livestock association personnel, these higher cost matters were not addressed in Court.

Defense and Crown noted each and every cheque was endorsed by Wilbur and one of three board of directors for the Obair Economic Society. Board chair Gordon Reid outlined a run of high end purchases during his testimony. He noted Wilbur was dismissed for misappropriation of funds not related to daily operations such as “snowblowers, a BBQ, advertising, chuckwagon sponsorship, airline for livestock association chair, rent payments.” Much of these matters were not directly addressed in Court.

Crown Counsel focused on a litany of other purchases from Google games, Phone Applications, and many real-world purchases ranging from red solo beer cups to a single $159 carton of cigarettes.

Crown counsel called four witnesses: two board members and two staff members related to the hiring and/or working with Wilbur. Defense case called Wilbur, and a former long-time employee who outlined previous ‘loose’ credit card habits of staff related to sharing cards, paying for other programs, etc.

Day two and three of the trial saw Wilbur walk through many of these receipts by Crown and Defense – noting each expense had receipts and were tied to both specific programs and then clients within Obair’s 6/7 programs running during Wilbur’s tenure as ED from late 2020/2021 to August 2022.

The main sticking point between Crown argument and Defense lay in the difference between the Obair board of director’s explicit approval of items at a board meeting or vote, versus the defense position that one of as many as three board of director members always co-signed each cheque, and the funds were used for what they were signed for, and the cheques had justification to prompt the board member to sign the cheque(s).

While board members and staff outlined Wilbur’s habits as a combination of incompetence and “no one will stop me attitude”, it was noted in Court the board member(s) could have stopped signing cheques at anytime – despite all of which were used for the matters they were signed for.

With testimony and evidence heard during the trial, the next step is for both Crown and Defense to submit written arguments to the court. The Justice will then consider those submissions and the evidence presented before reaching a verdict.

Defense counsel Jodie Hartman noted there is a distinct difference between overspending and incompetence, verses deliberate fraudulent intent by Wilbur, noting receipts were collected, reconciled and subsequently paid out by Obair, but the organization’s claim breach of trust was confusing and strange.

“Incompetence and overspending is not a case of proven intent to fraud.”

After a day and a half, Crown Counsel Shane Hickey rested the case – and Hartman made application to dismiss the entire matter due to a lack of direct evidence, and rather simply secondhand stories from staff and assumptions made on purchases.

The Crown noted the wide ranging, ongoing amounts and different purchases pointed to global scope of the breach of trust. The Court ruled there was enough evidence to prompt a Defense argument, so the trial proceeded Wednesday and Thursday with Wilbur’s testimony.

The Crown touched on about a pair of liquor purchases specifically with Wilbur. One involved a purchase at a BC Liquor location, and another involved a Dawson Creek meal receipt with liquor/drinks expenses. Wilbur agreed both were submitted in error, and should not have been approved by the Obair bookkeeper, and/or the board, and they should not have been reconciled.

Wilbur was questioned about a fuel purchase in southern BC, she noted the wrong credit card was tapped and she paid it back days later from her personal account. Another discussion centered around a personal trip to southern B.C., with a work related stop in Chetwynd enroute that generated expense receipts. “It saved another trip to Chetwynd,” said Wilbur.

There was no discussion if the fuel was based on mileage related to the work, or simply a full tank of gas.

Another point concerned a gas receipt from Beaverlodge, Alta but had ‘Chetwynd’ (B.C.) written on it. Wilbur noted the client lived in the Chetwynd area, but she had picked up the client in Beaverlodge, and re-fueled her vehicle there.

Crown counsel also discussed a series of seasonal barrels purchased for decorations related to the annual Dawson Creek Fall Fair. Obair officials and Crown counsel accused Wilbur of having some of these barrels in the yard of her Dawson Creek house.

“I have absolutely none of these barrels, the barrels in my yard have been there for years.”

Wilbur filed for wrongful dismissal against the organization after never hearing a reason for dismissal from the organization in August 2022. Wilbur noted the case was not a private matter in the community just weeks after her dismissal.

“Everywhere I applied (for a new job), I was told ‘we know what you did at Obair’,” she said Thursday in Court.

When asked if Wilbur ever hid receipts, her answer was emphatic.

“No – they have to be reconciled with programs and specific clients.”

When questioned about an expense of a bill from a local photographer for staff photos, Wilbur said other staff had their photos taken as well as herself.

“It was not for photos of just myself, but other staff for (the Obair) website,” she said, noting an unedited photo of these sessions was used in her 2022 mayoral campaign in Dawson Creek.

Another matter concerning a client-use laptop leaving the Obair offices was used to make Google purchases with Wilbur’s work credit card number that was still contained in cache on the computer.

Crown counsel noted Wilbur’s process on this was concerning – both that the credit card was not reported lost or stolen by Wilbur, and that the “stolen” monies were still allocated by Wilbur to an Obair program.

“Even though they were not purchases for the program, you put it towards the ‘Peers’ program. It wasn’t connected, but you allocated it,” said Crown Counsel Shane Hickey, who had similar concerns when Wilbur noted she had only changed the password on her credit card after the number was discovered on the laptop.

“You didn’t report it stolen or lost? I’m going to suggest this makes no sense.”

Defense counsel also called a former long-time employee with Obair, who spoke about credit card practices amongst staff from 2018/2019 to 2021. They outlined a similar practice outlined by Wilbur, of staff sharing credit cards, paying for different programs and client expenses. They noted receipts were still tied to both specific programs, and clients to justify all purchases.

Crown counsel said the three day trial was “a credibility case.”

Criminal Breach of Trust, Section 336 of the Canadian Criminal Code, reads ‘Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence.’

If convicted of Breach of Trust, a maximum term of 14 years could be the sentence. Thursday afternoon saw the trial conclude, with Crown and Defense counsel agreeing to submit their final arguments in written form.

The written arguments will allow Crown counsel to outline why the prosecution believes the evidence proves the charge, while defense counsel will present its position on the case.

A verdict date has not been announced.

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