Part of integrity commissioner’s decision ‘quashed’
North Kent Coun. Rhonda Jubenville has $20,000 in her pocket and a smile on her face following a court ruling that gave her partial vindication last week.
In mid-2023, following a report by then-integrity commissioner Mary Ellen Bench over social media posts, the majority of Jubenville’s fellow municipal councillors (13-3) opted to dock her three month’s pay, the harshest penalty possible.
Jubenville took the matter to court. It was heard in May by divisional court justices Richard A. Lococco, D.L. Edwards, and Sharon Shore.
And on July 28, they handed down their decision.
The court ruled that Bench’s decision that Jubenville had violated council’s code of conduct in a discreditable manner.
“All members of council have a duty to treat members of the public, one another, and staff in a civilized way and without abuse, bullying or intimidation, and to ensure that their work environment is free from discrimination and harassment,” the justices wrote. “The Ontario Human Rights Code applies, in addition to other federal and provincial laws.”
However, in regard to Bench’s decision that Jubenville had made improper use of influence, the court said the decision was “unreasonable.”
As a result, “the (integrity commissioner’s) report is quashed and returned to the integrity commissioner for reconsideration of the recommendation of penalty,” according to court documents.
Because of that, council’s decision to censure Jubenville and dock her pay, which was made based on the report by Bench, was also quashed, to use the court’s terms.
Furthermore, the justices opted to award court costs to Jubenville, meaning the municipality and Bench are to pay her $20,000.
The issue began in the spring of 2023, revolving around social media posts largely relating to flying Pride flags on municipal and a school’s property.
In a 47-page report, Bench said she had received “many complaints” about social media posts and related behaviour, stating Jubenville had used “her influence as a public official” to intimidate others, utilizing “bully tactics to silence her critics.”
Jubenville said she’s “fairly happy” with the decision that came down July 28.
“At the end of the day, I’m ‘predominantly successful,’” she said, quoting the judicial review. “I was given the costs. I would take that as a win.”
As for what happens next, Jubenville said the issue is in the hands of the municipality.
“The way it was written, the judicial review, leaves an opening for the integrity commissioner to submit a new report, only using Section 15 of the code of conduct,” she said.
Dave Taylor, director of legal services for the municipality, said the integrity commissioner will submit a new report on the matter.
“The court considered the reasonableness of the report, and found that the conclusion that Coun. Jubenville breached one of the sections of the code of conduct was reasonable, but found that the conclusion of the integrity commissioner that a second section of the code of conduct was breached, was an unreasonable finding,” he said in an email to The Chatham Voice. “Since one part of the report upon which council’s decision to issue a penalty was found to be unreasonable, the court has quashed council’s decision. This means that the integrity commissioner was ordered by the court to submit a new report with a reconsideration of her recommendation on the appropriate penalty to be applied to Coun. Jubenville. Council is then required to re-consider its decision on the appropriate penalty to apply for the breach of the code of conduct.”
For Jubenville, she’s adopting a wait-and-see attitude.
“I will react accordingly and continue to do what I do in council chambers,” she said, adding she’s hoping to put the matter behind her. “I’m hopeful this might be the beginning of the end of all this so I can continue to work with all my colleagues to take on the issues in Chatham-Kent that are more important than this.”
Taylor said the municipality will not be saying more at this point.
“Chatham-Kent is not in a position to provide any further comments about next steps on this matter. Further legal analysis will be required by the external legal counsel that represented Chatham-Kent and the integrity commissioner in this matter,” he said. “Council and the public will be provided with further updates as this matter progresses.”
SC Consulting replaced Bench as C-K’s integrity commissioner in late November of 2023.
