At a General Committee meeting on March 6th, Peterborough Councillors gave their unanimous support to a motion brought forth by Town Ward Councillor, Alex Bierk, to write a letter of support for a provincial private members bill known as Bill 5, Stopping Harassment and Abuse by Local Leaders Act. 

The Bill makes amendments to the Municipal Act, 2001 and City of Toronto Act, 2006 and would allow for a judge to remove a sitting City Councillor should the Integrity Commissioner find that they have contravened the code of conduct specifically in relation to workplace violence and harassment. Bill 5 also states that the member would be unable to stand for election or be re-appointed to their seat in subsequent elections.    

Bill 5 was introduced by Orleans MPP, Stephen Blais and passed second reading in the Ontario Legislature prior to the 2022 provincial election and garnered support from all parties. Blais introduced the Bill in response to the conduct of former Ottawa City Councillor, Rick Chiarelli who in 2020, following a year-long investigation, was found to have demonstrated a long history of sexual harassment in his workplace.

Blais himself served on Ottawa City Council alongside Chiarelli from 2010-2020.

Bierk’s motion, which passed unanimously, calls upon council to draft a letter of support for the Bill to be sent to Blais, MPP Dave Smith, the Premier of Ontario, the Minister of Municipal Affairs and Housing Steve Clark, and the Association of Municipalities of Ontario (AMO). 

Having now again passed first reading at Queen’s Park in August 2022 following the Progressive Conservative government’s return to power under Premier Doug Ford, municipalities from around the province including Barrie, Sault Ste. Marie, and Orillia have voiced their support for its passage.  

The investigation into Chiarelli’s conduct was launched in relation to allegations from five women who had worked at the City of Ottawa while Chiarelli was a Councillor from 2001-2022. 

The harassment included a pattern of making sexually inappropriate remarks to numerous women regarding their clothing and pressure to aid in volunteer recruitment efforts in nightclubs. 

In 2022, further details emerged after a sixth woman came forward alleging Chiarelli had pressured her to perform oral sex on strangers in exchange for money after she had confided in Chiarelli about her experiences with sexual assault. 

These findings resulted in Ottawa’s integrity commissioner recommending that Chiarelli have his duties and engagements with Council limited and that his pay be suspended for a year. However, there was no way of removing Chiarelli from office and he finished his term as a Councillor before deciding not to run in the 2022 municipal election. 

Chiarelli faced widespread calls for his resignation, including from members of the Provincial Government. While he did have his pay suspended for approximately fifteen months, he was back on city payroll as of November 2021.

Discussion on the motion by Peterborough Councillors on Monday concerned the significance of holding elected officials accountable and ensuring that allegations of misconduct on behalf of Councillors across the province is dealt with appropriately, including removal from office. 

Town Ward Councillor, Joy Lachica, thanked Bierk for paying attention to what has been transpiring in other municipalities and noted that Bill 5 “fills a gap” in current legislation.

Lachica also reflected on the fact that the city’s own Code of Conduct dates back nearly twenty years, and that it doesn’t reflect everything that has transpired over the past two decades in relation to ongoing conversations about safety and harassment in the workplace.  

Mayor Jeff Leal called Bill 5 and other municipalities' support for Bill 5 the “start of an important conversation across Ontario” and called support for Bierk’s motion “a sign beyond our borders that we want to have our conversation.”

Leal said he hoped that Minister Clark and Premier Ford would “take a serious look at this” while going over the significance of Private Members Bills in shaping the direction of government. In a phrase that has become something of a trademark for Leal’s approach to guiding Council decisions, he reminded Council of his belief that “no one has a monopoly on good ideas.”

Otonabee Ward Councillor, Kevin Duguay noted his initial hesitation to immediately support this motion and said that he was more inclined to push for a deferral. 

“It’s a sad moment in municipal politics where one Councillor’s actions give rise to Bill 5,” he said. 

However, his mind was changed when he read more about the municipalities supporting the Bill and some of the instances of harassment in other municipal workplaces across the province. “The fact that the Bill is currently at second reading at Queen’s Park,” he said, “lends it credibility.” He concluded his remarks by saying that while he supports the motion and legislation, he and his fellow Councillors need to prove that it isn’t needed.