By Dean Hickey
At the request of the Ford government, the Ontario Integrity Commissioner’s office recently offered the Province a series of nine recommendations to strengthen municipal conduct rules. These include options on how to address what may be considered harassment and general misbehavior among local councillors.
The City of Pickering has been in the spotlight on this issue for some time. The current term of council is being seen by many political observers as a test-case when it comes to how the existing codes of conduct are enforced.
I spoke with Pickering Mayor Kevin Ashe recently on the possible merits of a single, standardized set of rules and obligations. No-one knows the issue better than the man who now sees himself as a sort of referee within the council chamber due to a growing list of conflicts during meetings. His initial thoughts on the matter were focused on what he sees as the next steps in the process. “The recommendations are somewhat obvious in my opinion, yet they still maintain a very basic code, and there is nothing that precludes the Provincial government from going even further” he said.
The list includes the creation of a one-size-fits-all code of conduct for municipalities that would be enhanced by training for both elected officials and staff. It would establish a standard process for investigations and require integrity commissioners to submit a public annual report.
Still, as Mayor Ashe sees it, much can be learned by looking at what some municipalities have already done in an effort to raise the bar on accountability. “Pickering has tried to lead the way by implementing rules such as a lobbyist registry and a gift disclosure provision that other councils simply don’t have.” He cites a lack of consistency among municipalities and their integrity commissioners as a problem, suggesting different thresholds of accountability are causing confusion in what many see as a flawed approach. “The current process can be weaponized and I wouldn’t support any legislative requirement that would see councillors deciding issues that are best left to a judge.”
There has been a deal of noise within the community which suggests much of what has already played out in Pickering has involved the weaponization of a process used to silence dissention among council members. Debates over Pride flags, universal washrooms, and even Black History Month celebrations have resulted in what some are calling an attack against the right of free speech. There have been repeated sanctions imposed by Pickering council where opinions have gone against what has been described as the ‘prevailing narrative.’
Some see this as a form of authoritarianism where individuals are silenced for simply speaking their minds.
The right of elected officials and others to be heard without fear of retribution in this country is unquestionably the bulwark of our freedoms. At the same time, the question has to be asked as to whether the concept of free speech can be seen to override protections against what some argue is nothing less than aggression towards certain members of society.
That’s a lot to consider in an age where ‘political correctness’ has transformed itself into what is now seen as a ‘woke’ ideology, one that seeks to impose alternative social and political norms, often at a high price for those who may disagree. I posed this to Mayor Ashe as we discussed what has undoubtedly become a tense atmosphere in most communities. “Make no mistake, I am somewhat of a libertarian at heart, and I believe in the values of free speech as well as the need for a fair process, however there are certain lines that, when crossed, can lead to groups and individuals being maligned and intimidated” he said.
That kind of intimidation has certainly been felt on all sides, as activist groups have sought to tear down or even erase much of what is considered to be the foundations of Western culture. This is being felt in the civic square, at most levels of academia, and in human resource departments determined to dictate more than just acceptable behaviour.
Recent press reports have cited new restrictions as having been imposed by Pickering council on the opportunities for the public and the media to participate in the democratic process. This includes the requirement of two-thirds of council to approve credentialed media requests and any applications made by members of the public who wish to bring forward an item at a council meeting.
Mayor Ashe described a need to not only maintain order, but to ensure staff and others feel safe within city hall. “The council chamber is the people’s chamber, and we’ve tried to respond to situations where staff have been made to feel intimidated” He said. “If there is one location within our community where everyone must be made to feel safe, it is city hall, especially during our public meetings.” As in any legislative body, there are long-standing rules that already govern much of what takes place, and they include various procedural bylaws, the obligations on the part of the city clerk’s office to handle inquiries, as well as the Chief Administrative Officer who has the ability to make recommendations on all manner of subjects, including conflicts that do arise.
It has often been said that power, to an elected official who holds his office by the will of the people, is what money is to a banker… not a means but an end. Something of which he can never possess enough. As Pickering council continues to face differing views on matters of ideology, individual rights, and what may be seen as the heavy hand of censorship, the debate as to a modernized and more effective code of conduct will reach a level of importance not previously seen.
As Mayor Ashe reminded me, “Elected officials are political, while staff are the professionals who ensure a fair and equal process… and everyone should be fully aware of the difference.”
Aware or not, there are many who will be watching closely in the weeks and months ahead.
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