Oshawa Councillor admonished but not sanctioned for Code of Conduct breach on social media

An Oshawa Councillor had his knuckles rapped but was not sanctioned after being found in breach of the city’s Code of Conduct for gloating on social media about the arrest of a local advocate for the homeless on drug charges.

Raymond Bond, an organizer of a meal program that operated out of Memorial Park and then Midtown Mall in 2022, was charged with five drug trafficking offences this spring after a police raid that led to the discovery of nearly half a million dollars in cocaine, methamphetamine and opiates in a home near Glen Street and Porter Street in Oshawa’s south end on May 3.

Shortly after police made the charges public Giberson took to Facebook to link Bond to the decision to end the meal program and alleged the accusations were known in the community for some time.

“Remember when he led a food distribution operation for the vulnerable on a side street beside Midtown Mall, and a majority on Council decided not to extend the exemption to be set up there, and we had to take the punches right on the chin in public for that decision? Now you know,” he posted.

Giberson’s comments, however, crossed the line on acceptable behaviour, noted Oshawa’s Integrity Commissioner, Principles Integrity.

“By commenting publicly regarding a criminal matter, in a manner that might potentially influence the proceedings, (Giberson) contravened the obligation of elected officials to refrain from commenting on matters before the courts,” the report declared.

Oshawa Councillor Derek Giberson

The Integrity Commissioner received a complaint about Giberson’s post on May 6 and launched an investigation.

“Elected officials, often motivated by the desire to keep their constituents informed, may post about issues and events in real time as they are unfolding. Elected officials, however, occupy a privileged position within our democratic system which imposes accountability for their words publicly pronounced or published (and) have a responsibility to avoid commenting on matters under investigation or which are before the courts.”

Giberson told the Integrity Commissioner he did not post comments with an intent to “influence or interfere” with the due course of justice, and his post was intended to publicly share ‘new’ information.

His comments were still considered “inappropriate” and his rationale behind posting them “is the very reason for the rule” against councillors speaking on matters before the courts, the report read.

“While a toenail over an ethical line would not draw the attention of an integrity commissioner, neither should significant non-compliant behaviour be excused.”

Dean Hickey, another homeless advocate in downtown Oshawa, called Giberson’s post a “schoolboy rant against an adversary” and said the investigation by the Integrity Commissioner was a “moment of true vindication.”

The Integrity Commissioner did not recommend sanctions against Giberson – himself a long-time champion for the homeless and the former president of the downtown Back Door Mission – noting that the “overarching goal” of the investigation is to achieve “course correction and better ethical behaviour” among members of Council.

Janice Atwood, who represented Principles Integrity at Council Monday, said she believes the “message has been understood.”

Atwood, while acknowledging Giberson’s post on Facebook was still up until it was finally removed this week, said “the takeaway from all this is that there are principles that should not be ignored.”