Nanaimo loses appeal over firing of former chief financial officer

The British Columbia Court of Appeal has dismissed an appeal by the City of Nanaimo in a racial discrimination case involving the city’s former chief financial officer (CFO).

In a decision released Wednesday, the court upheld earlier rulings that found former CFO Victor Mema was discriminated against on the basis of race when he was suspended and later terminated from his position in 2018.

Mema, who is Black, was hired by the city in 2015 and later promoted to chief financial officer following an internal reorganization.

The case centred around concerns related to Mema’s use of a city-issued corporate credit card, referred to in court documents as a “P-card,” including delayed repayment of personal expenses charged to the card.

A workplace complaint later resulted in what became known as the “Misconduct Report,” which was presented to council before decisions were made to suspend and later terminate Mema’s employment.

The British Columbia Human Rights Tribunal previously found that racial stereotypes factored into how concerns about Mema were framed and interpreted, concluding that race played a role in the city’s actions against him.

The tribunal awarded Mema more than $600,000 for lost wages and injury to dignity.

The city sought judicial review of the tribunal’s decision in BC Supreme Court but the petition was dismissed in 2025.

The city then appealed to the BC Court of Appeal, arguing the tribunal failed to properly consider Mema’s professional responsibilities and that the findings of racial bias were unreasonable.

In its ruling, the appeal court rejected those arguments and found the tribunal’s conclusions were supported by the evidence.

“The Tribunal’s reasoning is cogent and grounded in a substantial record,” Justice Gomery wrote in the decision.

The court also said the issue before the tribunal was not whether Mema had engaged in misconduct, but whether race was a factor in how he was treated by the city.

The appeal was dismissed, leaving the earlier tribunal ruling in place.