Ethics report finds Whitby councillor’s allegations of wrongdoing ‘baseless’

A new ethics report presented to the Whitby Council found one of two allegations of a “secret meeting” levelled by Councillor Christopher Leahy to be “baseless” but still “strongly advised” the council to avoid meeting with quorum outside regular meeting chambers.

The controversy began during the council’s scheduled October meeting as councillors debated the merits of appointing Councillor Niki Lunquist to the deputy mayor’s position at Mayor Elizabeth Roy’s request.

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 the council felt it was time for an update. They changed this process in the spring, with the mayor appointing the post and confirming it with a majority vote. Roy then notified the council and the public of her intention to designate Lundquist as the next to take the title until December 31, 2024.

Leahy derailed the discussion to accuse the council of treating his longtime ally Councillor Steve Yamada unfairly during his time in the role. Yamada served as deputy mayor before the council’s summer break. Leahy charged that Yamada was not addressed as “Deputy Mayor” in meetings while his predecessors, Councillors Rhonda Mulcahy and Maleeha Shahid, were.

Leahy attributed this to anti-Asian racism and accused the council of treating Yamada poorly due to his Japanese ancestry. Yamada himself remained silent during Leahy’s address. However, he echoed Leahy’s allegations in a later statement, comparing his treatment to Japanese internment camp survivors.

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.”

“Councillor Leahy, enough,” Roy interrupted. “That is out of order.”

Over Leahy’s objections, 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 call a point of 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.”

The stalemate led to a 15-minute recess of the meeting, a standard process when tempers flare to allow councillors time to calm down. During this recess, Roy and the other councillors gathered in an office space outside the chamber while Leahy and Yamada remained inside.

Later on, Leahy alleged a “secret meeting” took place out of public view while councillors were in the office, which Roy and others later denied.

Following the recess, the council returned to the chamber to resume the meeting on the condition that Leahy apologize for his outburst. Given three chances, he refused three times. As a result, council was adjourned until a later date. Later that evening, Roy released a statement condemning Leahy’s behaviour, though she didn’t name him directly.

“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 said.

“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.

Leahy soon fired back with a statement of his own, alleging the gathering in Roy’s office constituted an illegal “secret meeting” which went against the Municipal Act.

The town hired Aird and Berlis to conduct a “thorough and impartial” review, with the findings absolving Roy from any wrongdoings. The review found there were enough councillors in Roy’s office to have conducted a meeting but found the gathering did not address any of council’s business.

Instead, the investigation found the councillors and mayor “engaged in unorganized chatter and voiced various observations and statements of opinion regarding what had transpired.” An idea to have Durham Police remove Leahy should he continue to refuse to leave was pitched and rejected.

“The discussion that took place at the recess was primarily between the mayor, the clerk and the CAO, with members chiming in. Members were not canvassed for their opinions on how to move forward nor did any vote take place with respect to the procedure to be followed,” the investigation concluded.

“The review has been completed and confirms what I have maintained from the outset: no closed council meeting was held on October 7 and no violation of the Municipal Act occurred,” Roy said.

However, Aird and Berlis did find that while calling a recess is “good practice” when a meeting has lost decorum, “inviting all members to gather during a recess, in the absence of the public, no matter how well-intentioned, invites justified suspicion and should be avoided.”

“Apart from the challenge and discomfort of contending with a member who refused to comply with the chair’s direction, the procedural matters discussed at the recess could have been considered in an open session for the public to witness.”

The full report is available here.

During Monday night’s council meeting, Roy directly addressed the report on “the controversy and political infighting that have distracted this council from the important work we were elected to do.”

“These accusations are not about protecting taxpayers, strengthening governance, or advancing democracy. They are about personal ambition and political gamesmanship. They are self-serving distractions when we should be focused on selfless service.

“What we are witnessing is American-style negative politics—designed to sow chaos, confusion, and distrust,” she said.

“This strategy, which seeks to erode the credibility of this council and the hardworking staff who serve our town, has no place in Whitby.”

Roy said she expects more of these allegations to come forth in the latter half of the council’s 2022-2026 term.

“I’m incredibly proud of the work we’re doing – and I know there is more work to be done. If others on this council choose to engage in division and distraction, that is their choice. But let me assure you, it will not distract me from leading with integrity, staying focused, and continuing to deliver results for Whitby.”

Leahy conceded the gathering in the office chamber may not have been “deemed ‘illegal’ in the strictest terms” he pointed out “the advice from the ombudsman is to never hold such a meeting again.”

“To add insult to injury,” Leahy continued, “the Town of Whitby posted a libellous statement on the town website assailing my character and besmirching my professional reputation, in part, because I filed a complaint about the secret meeting.”

“I am hoping that the mayor and the bureaucrats who advise her understand that you shouldn’t lambaste anyone who is exercising their rights under the law. In Canada when you see something you should say something to the appropriate authorities.”

He confirmed he has had his lawyer submit a letter demanding the town and Roy retract their statements regarding him or face a libel lawsuit.

“Given the ruling, I expect the town to remove the odious comments. Once that is done, I would consider the matter settled. I feel vindicated I’m dropping my lawsuit. It’s time to get back to litigating arguments for residents in council not litigating against each other in court,” he concluded, “I know the mayor is not petty.”