A British Columbia judge has overturned the censure of Mission councillor Ken Herar, ruling that he was denied procedural fairness and natural justice during the city’s investigation. Justice Caldwell issued the decision on August 12, ordering the censure to be quashed and set aside in its entirety. The judge also ruled that Herar is entitled to have his legal costs covered. Herar said he is relieved the matter has finally ended, describing the past years as difficult for him and his family. He explained that the process had taken a toll on his mental and physical health and caused distress to his wife. He felt he was never given a fair opportunity to explain his side and believed the outcome was predetermined.
The decision came after a four-day judicial review at the Abbotsford Law Courts in February 2025, during which lawyers for both Herar and the city made submissions. The review examined the events leading to Herar’s censure in November 2023 over an alleged breach of the city’s code of conduct. The complaint was filed in April 2023 by Mayor Paul Horn, following two separate incidents the previous month. The first incident occurred on March 14, 2023, when Herar and his wife visited the Youth Centre to take a photo in support of the “Hands Up Against Racism” campaign. Staff later decided photos of youth should not be taken without parental consent. Although Herar was informed via Instagram, the photo was never published. Justice Caldwell noted that the formal complaint about the Youth Centre visit did not meet the code of conduct’s requirement to clearly state a reasonable basis for the allegation. The second incident involved a training session on city-issued iPads used to access council documents, some of which are confidential. The city alleged Herar’s wife had provided him with a password, while Herar stated she only helped him access his personal email and not council passwords.
Justice Caldwell raised several concerns about how the complaint was handled. A key issue was Mayor Horn’s dual role as both complainant and participant in the process, including attending meetings to appoint an investigator while holding unique information that may not have been shared with others. The judge also noted that council refused to provide Herar access to the investigator’s notes, files, or the original complainants, even as late as November 1, 2023. There was also a rapid turnaround between the investigator’s report and a special council meeting in September 2023, which Herar’s lawyer could not attend. The judge found these factors denied Herar the fairness he was entitled to, given the nature and consequences of the investigation.
Complaint investigator Leanne Walsh spent about five months on the case, interviewing the Herars, Mayor Horn, and other witnesses. In August 2023, Horn and Herar signed an agreement to resolve the matter, but council rejected it at a closed meeting on August 21 for reasons that remain unclear. On November 1, 2023, after Horn recused himself, council voted to censure Herar. At that meeting, Walsh summarized her report and Herar’s lawyer spoke on his behalf, but was not allowed to question the investigator or seek clarification.
Mayor Horn said his role was to present concerns from staff, who at the time had no formal process for filing complaints before the code of conduct was updated. He said he tried to follow the process as best as possible and hoped the city could learn from the experience. He also called the case a distraction from council’s usual work but said most of the time they function well. The City of Mission has said it will issue a statement on the matter in the coming days.
