Mission sues to get rid of sex offender James William Conway
The District of Mission has made good on a threat to try to force controversial sex offender James William Conway out of the residential home where he's serving a conditional sentence.
In a lawsuit filed in B.C. Supreme Court, the district claims Conway and the company contracted to keep him under 24-hour-a-day supervision — W.J. Stelmaschuk and Associates (WJS) — are violating zoning bylaws.
The notice of civil claim also names two WJS employees: Lynnett Fay Stucky-Mack, the owner of the home where Conway lives; and Ed Holroyd, the sex offender's care provider.
According to the lawsuit, Stucky-Mack purchased the home in order to lease it to Holroyd.
An unwanted man
Conway, a diagnosed pedophile, left Abbotsford earlier this year, after the city filed a similar court challenge to get him out of that community. The lawsuit was never heard.
He was convicted of touching the buttocks of nine-year-old girls at a public swimming pool in 2005. He has a record for arson and theft. He has borderline intellectual functioning and has been assessed as a high-risk to reoffend.
Nevertheless, he is currently serving a conditional sentence as an alternative to incarceration. He is required to remain in the residence at all times, unless accompanied by a WJS worker.
He's also subject to electronic monitoring and forbidden from any activities or areas where he might come into contact with people under the age of 18.
The 40-year-old has generated controversy wherever he goes, with community members first in Abbotsford, and then Mission, protesting his presence amid heightened concerns for neighbourhood children.
Zoning violations
The latest notice of civil claim says Conway's current home is within close vicinity of two Montessori schools, a daycare, a children's centre and a college which has 16 and 17-year-old students.
The lawsuit says the home is zoned as a single family residence, which can have secondary uses as a bed and breakfast, boarding house or residential care.
"The principal use of the residential home is not being used as a single family dwelling," the notice of claim says.
"Rather, it is being used as a for-profit commercial use to detain, supervise, monitor, provide treatment, counselling services and/or other services, care and /or assistance to James William Conway by Ed Holroyd."
The claim says a business licence is required to provide the kind of services which Conway is receiving.
The lawsuit also claims that since Conway is serving a conditional sentence, and a conditional sentence is legally considered as a form of incarceration, a different type of zoning is needed for any residence where he's detained.
The district is seeking an injunction prohibiting WJS and its employees from using the home to supervise Conway.
No response to the civil claim has been filed. None of the claims have been proven in court.
