UPDATE: Allegations of racism shut down Whitby deputy mayor appointment

Last night’s Whitby town council meeting was forced to adjourn early amid heated exchanges regarding the appointment of the next deputy mayor following allegations of racism.

The night began as expected with an update from Lakeridge Health regarding local hospitals and health care facilities but the meeting quickly turned sour when the subject of appointing a deputy mayor.

Previously, Regional Councillor Steve Yamada served as deputy mayor before council’s summer break. The deputy mayor title previously rotated through the regional councillors every few months based on their vote counts in the previous election. This system had been in place since 1988 and council felt it was time for an update.

Council changed this process in the spring, with the post to be appointed by the mayor and confirmed by a majority vote. Mayor Elizabeth Roy then notified council and the public of her intention to designate Councillor Niki Lundquist as the next to take the title until December 31, 2024.

Multiple members of the public came forward to question the decision. However, according to Whitby’s bylaws, the delegations were required to limit their concerns to the appointment process “and not to be made personal towards any member of council,” as Roy would continually have to remind delegates.

Delegates, though often reprimanded for bringing up Lundquist and Yamada specifically, raised concerns about “the culture” of Whitby council. Two who presented had previously delegated against changing the deputy mayor appointment process. Both have also argued against the homeless shelter at 1635 Dundas Street East.

The first, Gary Dunsmuir, charged council with not respecting Yamada while he held the deputy mayor’s seat. However, his commentary quickly turned personal, which goes against the town’s procedural bylaw as voted on by council. When interrupted he accused the Mayor of “shutting me down.”

He and the second delegate, Windhy Susanto, also objected to comments Lundquist had made in the past about not pursuing the role. 

Susanto raised concerns primarily feeling the process of replacing Yamada was a waste of taxpayer time and money and that Yamada lost the deputy mayor position due to a lack of agreement with the rest of council.

Thirdly, Deborah Schroeder compared the appointment procedure changes to “dictatorship” and “petty tyranny.” She believed the previous system allowed more experienced councillors to take the role of deputy mayor and the new model allowed council to favour allies. 

“I get that as a council you have a right to make up rules and follow through on them. Perhaps ponder this, the Gestapo followed the rules. The question is why were those rules put in place,” she said.

For the second time, Councillor Christopher Leahy, a longtime ally of Yamada’s, asked the delegation a clarifying question afterward. He asked Schroeder if she believed this new system punished Yamada and rewarded Lundquist. However, this prompted Roy to correct him on the reference to specific councillors. 

“Councillor Leahy, again, it’s not to be personal,” Roy said, “This is not to be…” However, Leahy interrupted, “It’s a fact. It’s not personal.”

“No, Councillor Leahy. It’s not a fact,” Roy fired back, “If you read our procedural by-law, it’s about individual council members. This is not going to be permitted.”

Schoeder tried to interject after Roy told her not to answer Leahy’s question saying, “So you don’t want to be accountable…” but Roy cut her off.

Finally, Denise Boudreau spoke virtually against the procedure change. She said the changes improperly removed Yamada before his term expired to allow the appointment of someone who would not have been eligible under the previous rules. 

“Allyship over objectivity does not foster strong leadership, nor does it nurture public trust,” Boudreau said, “The public will be skeptical as to the kind of culture being created in council.”

Leahy again spoke up to ask if Boudreau was speaking about Yamada specifically, prompting another heated exchange with Roy. Councillor Maleeha Shahid attempted to speak to ensure the record reflected Yamada resigned his post but Roy insisted on moving on.

Following an easy acceptance of some proclaiming some days of recognition, the meeting turned to Roy’s letter requesting Lundquist’s appointment. Councillor Matt Cardwell spoke in support of the appointment calling Lundquist a “wonderful choice.”

“She understands process, she understands fairness, and probably the most important, she understands council decorum.” He noted council got “off track” in the last year and “bringing it back to decorum and civility I think is super important.”

Leahy disagreed, describing Lundquist’s appointment as a “patronage appointment.” As such he moved to have council remove the pay bump and car allowance she would receive in her role. However, this required a proper notice of motion as it changed prior council decisions.

Leahy then moved on, though he vowed to bring forward a motion. “I’m deeply concerned about the method and the manner in which members of this council have treated Councillor Steve Yamada.” He said Yamada was elected to serve as deputy mayor when it was his turn but was referred to as such “at virtually no time.”

He described the treatment as a series of “microaggressions” meant to undermine Yamada’s place. “I am calling out members of council for treating councillor Yamada in a different manner than those of us who aren’t of an Asian background.” (Yamada is ethnically Japanese.)

“Councillor Leahy, enough,” Roy interrupted, “That is out of order.” Over objections from Leahy, Roy demanded he withdraw the accusations of racism and apologize. Leahy refused and continued to argue resulting in an extended back and forth with Roy.

Councillor Steve Lee attempted to restore order. However, Leahy continued to argue, saying “the facts speak for themselves.” Ultimately Roy said Leahy would apologize or be expelled from the chamber.

Leahy refused to apologize and refused to leave the chamber saying, “I’m an elected official I’m not leaving.” Yamada sat silently to Leahy’s right. Mulcahey got up from her seat to his left.

This is not Leahy’s first time under fire either. Back in 2021, he sparked controversy after making a disparaging comment about Councillor Rhonda Mulcahey during a virtual public meeting. This led to a firestorm of controversy in the previous term under former Mayor  Mayor Don Mitchell, who himself faced multiple complaints in the following months. Ultimately council voted not to reprimand Leahy or investigate Mitchell.

This resulted in Lee requesting a five-minute recess. In a later statement the next morning, Leahy alleged Roy and six other councillors met in secret during this recess. He did not name the other councillors.

“This is so illegal. It’s the first thing they teach newly elected officials; no secret meetings,” he said, “Soon after their secret meeting, the town clerk approached me and told me about the predetermined decision that council would make once the meeting was called back to order. I was floored.”

Whitby rejected Leahy’s characterization of the recess saying, “Recessing a meeting when passions are running high to allow time for Members to reflect and regain the decorum in Council Chambers is a standard process. The business of Council was not materially advanced and no decisions were made during the recess, and thus the requirements of the Municipal Act with respect to holding a proper meeting were upheld.”

When the meeting resumed, Roy gave Leahy three chances to apologize. He again refused each time and Roy moved to adjourn the meeting early. The motion passed 6-3 with Leahy, Lundquist and Yamada voting to continue.

Following the meeting, Roy issued a statement condemning Leahy’s behaviour, though she didn’t name him specifically. “I have zero tolerance for unparliamentary language being used on the Council floor. This kind of behaviour undermines the public’s trust with local government,” she said.

“If members of Council have concerns about decisions or policies, they are welcome to bring those to the Council floor for discussion. I welcome having respectful discussions, disagreements, and even differences of opinion, this is what helps make our Town stronger,” she continued, “But making these very serious and unfounded accusations goes against our Council Code of Conduct.”

“Which is why I was so shocked that a member of Council would insinuate that race has anything to do with making decisions around the Council Table regarding the appointment of Deputy Mayor.”

“I’m disappointed by this Councillor’s self-serving pattern of unacceptable behaviour continuing during this term of Council. My expectation is all our Council Members take our Code of Conduct seriously, and we can get back to the Council Table and serving the residents of Whitby,” she concluded.

Update: Roy and Gaskell have released further statements about the derailed meeting.

“During this recess, the Town Clerk and I provided the Mayor with advice regarding the Rules of Procedure and the Mayor’s rights under the Municipal Act to uphold decorum during Council meetings. These discussions did not advance business of Council, and no decisions were made,” Gaskell said, “The requirements of the Municipal Act with respect to holding a proper meeting were upheld.”

“I am deeply disappointed by the baseless and reckless allegations made by Councillor Chris Leahy falsely accusing me of holding a secret meeting in violation of the Municipal Act,” Roy added, “Let me be absolutely clear: no such meeting took place.”

“I am deeply alarmed that a councillor would make such an egregious allegation against myself, fellow councillors and members of Town staff, without any evidence in support,” she continued, “The issue at hand, which Councillor Leahy is attempting to distract from, is his completely inappropriate accusations and behaviour, which undermine the public’s trust in local government.”

}”I welcome an investigation into the events of last night’s meeting – it’s incredibly important that the facts are made public.”