Municipal Act review finds no ‘secret meeting’ happened at Whitby Council October 7

An investigation into allegations of a ‘secret meeting’ at a raucous October 7 Whitby Council meeting has exonerated Mayor Elizabeth Roy and concluded no Municipal Act violation occurred.

The fireworks at the meeting happened after Regional Councillor Chris Leahy alleged ally and council colleague Steve Yamada was mistreated during his tenure as deputy mayor due to his race.

Yamada, who is of Japanese descent, served in the mostly ceremonial title in the spring before the summer break – a time when council altered its procedure for the rotating deputy mayor position.

Yamada resigned his post after the change and during the October 7 discussion to confirm Niki Lundquist as deputy mayor, Leahy derailed the conversation with allegations of racism and accused other councillors of subjecting Yamada to microaggressions due to his heritage. Roy interrupted, demanding Leahy apologize or leave the chamber. Leahy refused to do either and the meeting was adjourned after a brief recess.

It was during that recess that Leahy alleged the ‘secret meeting’ took place.

Whitby councillors Chris Leahy and Steve Yamada

The town hired Aird and Berlis to conduct a “thorough and impartial” review, with the findings absolving Roy from any wrongdoings.

“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.

“I am deeply disappointed that false and damaging allegations were presented as fact in a media release issued by regional councillor Leahy on October 8 without verifying their accuracy or waiting for the results of an investigation.”

“This approach was premature, creating the potential for confusion and mistrust among the people we are elected to serve.”

CAO Matt Gaskell noted in October that recessing a meeting when “passions are running high” is standard practice to give member time to regain their composure.

“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. The requirements of the Municipal Act with respect to holding a proper meeting were upheld.”

Roy made her feelings on the allegations clear in October, calling them “baseless and reckless.”

Whitby Mayor Elizabeth Roy

“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 said October 8. “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.”

The full report from Toronto law firm Aird and Berlis, which Roy said came at taxpayers’ expense, will be released at the December 16 Whitby Council meeting.

“It’s unfortunate that we were required to pursue an investigation at the cost of the taxpayer, as a result of … Leahy’s allegations. When council business is sidetracked by political allegations and infighting, it distracts from the important decisions we are here to make.”

The man at the centre of the October 7 council fireworks found himself in hot water two days after the meeting. Yamada, who is running as a Conservative in the next federal election, got ejected himself from a regional council meeting October 9 for turning a conversation about homelessness into a political debate about the federal carbon tax.