Pubdate: Wed, 12 Oct 2005
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Derrick Penner

DRUG SMUGGLER LOSES BID TO REGAIN REALTOR ELIGIBILITY

Convicted man showed clear lack of remorse, real estate official writes
in decision

A convicted co-conspirator in British Columbia's biggest hashish
smuggling bust has lost his bid to have the provincial superintendent
of real estate reinstate his eligibility for a realtor's licence.

W. Alan Clark, B.C. superintendent of real estate, upheld the
suspension of former Duncan realtor Ronald Patrick Thomson's licence,
which was removed in April 2004 for "an unspecified period" following
his conviction in a conspiracy to import, possess and traffic almost
10 tonnes of hashish in November 1998.

Thomson, on May 25, 2004, was sentenced to four years in jail for his
role in the plot, which was busted by the RCMP.

Thomson is appealing his conviction.

"The confidence in the financial services sector and the reputation of
the many thousands of honest, ethical real estate licensees can only be
preserved by not allowing Thomson to be licensed until he has
reestablished his reputation and suitability," Clark wrote in his
decision.

Clark noted that aggravating factors of Thomson's situation "heavily
outweighed" any mitigating factors.

However, Clark also amended the suspension limiting it to a maximum
term of five years following the completion of his sentence. Thomson
will, however, have to reapply for eligibility to hold a licence.

In his decision, Clark wrote that Thomson showed a "clear lack of
remorse," that the offence was a "large organized crime" involving
millions of dollars' worth of drugs, and that because of his age and
experience, should have known the risks he was taking.

Clark added that it would erode the public's confidence in B.C.'s
financial services sector if Thomson were to regain his licence
without being rehabilitated.

The Vancouver Sun could not reach Thomson. However, the decision
document notes that Thomson had asked the superintendent to consider
that his criminal appeal could be successful and that there was no
evidence he had harmed any consumers.

Thomson added that the superintendent should also consider that the
offence was seven years ago and there "has been no
reoccurrence."

Thomson also said that the superintendent should consider a real
estate licence as a right, not a privilege, and that it is "not the
role of a hearing panel to punish but to protect the public."

In any case, Thomson argued that the appropriate length of a
suspension should be one year, which would be consistent with the Real
Estate Council of B.C.'s licensee practice manual.

The manual cites the example of possession of narcotics for the
purpose of trafficking as the example of a serious offence that is
unrelated to employment, which would result in a one-year suspension
of a licensee's eligibility to be a realtor.

Clark, however, said Thomson's offence constituted a complex,
organized crime, which "can only be described as a white-collar crime."

The Real Estate Council suggests that convictions for white-collar
crimes, those involving serious fraud, embezzlement, forgery or other
business-related crime, should result in a suspension of five-years to
be served following the completion of a criminal sentence.

Ken Fraser, executive director of investigations for the B.C. Financial
Institutions Commission, the office to which the superintendent of real
estate is responsible, said Thomson is appealing the length of his
suspension to the commission's Financial Services Tribunal.

Fraser would not talk specifically about Thomson's case, but said
generally that any licensee who has had a licence suspended because of
a crime can reapply for registration as a realtor at the end of the
suspension.

And as long as there have been no new offences on his record, or any
other activity that would cause his registration to be questioned, a
former licensee should get his licence back.

"There isn't anything in [the Real Estate Services Act] itself that
deals specifically with licensees and criminal convictions," Fraser
said.

However, the legislation does allow the registrar to suspend or cancel
the licence of a realtor "if he found the individual to be
unsuitable." 
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MAP posted-by: Matt Elrod