Council's public denunciation 'crossed the line,' Chiarelli's lawyer tells judicial panel

Most members of Ottawa city council showed they were biased and had a "closed mind" toward Coun. Rick Chiarelliwhen they approved recommendations to sanction the College ward councillor last year, a judicial review panel heard Tuesday.

Chiarelli's lawyer Bruce Sevigny described toa three-member panel how Mayor Jim Watson and a number of other elected officialscalled on Chiarellito resign, and how most council members stood in protest at a public meeting months before theintegrity commissioner delivered the findings of his investigation.

"They have clearly crossed the line when you call publicly for resignations, when you stand in protest ...that demonstrates close-mindedness and it also gives rise to a reasonable apprehension of bias," Sevigny said.

• 3 Ottawa councillors call for Chiarelli to resign
• Analysis: Councillors taking a stand on Chiarelli, the only way they can

A CBC investigation in the fall of 2019spoke to manywomen who accused the councillor of inappropriate behaviour, and reported the experiences of eight of them. The women said they were asked questions, told stories and shown pictures they found inappropriate and sexual in nature.

Three female job applicants made official complaints to integrity commissioner Robert Marleau, who found in hisJuly 2020 report that thecouncillor contravened the code of conduct and that hisbehaviour had been "offensive and disreputable," qualifyingas harassment under the city's policies.

Marleau recommended Chiarelli be docked nine months' pay the most severe penalty available under law and council approved the recommendation.

• First of 2 reports finds College ward councillor engaged in 'offensive and disreputable behaviour'

Now, more than 10 months later, Ontario Superior Court Justices David Corbett, Geoffrey Morawetz and Robyn Ryan Bell are consideringarguments from Chiarelli's lawyer that council members had already shown by theircomments and actions that they had made up their minds long before Marleau's report was released.

Sevigny pointed to comments made by the mayor on 1310 News on Dec. 12, 2019. When asked what he'd like to see happen with Chiarelli, who had not addressed specific allegations but hadissued a blanket denial, Watson said:"Do the honourable thing and step down, and move on with your life.... This is a situation that's not going to go away until he goes away."

Councillors Catherine McKenney, Shawn Menard and Jeff Leiper released a statement in September 2019 calling on Chiarelli to resign "if he knows these accounts are accurate." Sevigny also pointed out that councillors Glen Gower and Mathieu Fleurysaid they believed the women who came forward to tell their stories to CBC.

And at a council meeting onDec. 11,2019, all but three members of council Watson and councillors Theresa Kavanagh and Jan Harder stood in protest for most of the time that Chiarelli was present in the council chamber.

Sevigny also pointed to the fact that in October 2019,council took the unprecedented step in denying Chiarelli's request for an indefiniteleave of absence. On Dec. 13, 2019, Chiarelli announced he would be undergoing heart bypass surgery, and later suffered a post-operative infection. The councillor never renewed his request for a leave of absence.

All these actions are clear indications that councillors had made up their minds about Chiarelli's behaviour, argued Sevigny.

Judge questions Chiarelli's refusal to participate

Justice Corbettquestioned Sevigny about the fact that Chiarellihad refused to participate in the integrity commissioner's investigation.

• Timeline: How the integrity commissioner tried and failed to interview Rick Chiarelli

Sevigny has argued that Chiarelli was too sick to give an interview to the integrity commissioner, although the councillor did attend some council meetings in 2019 and 2020. The councillor also attended a holiday food drive in late 2019.

But Chiarelli hadalso stated early on in the investigation that the integrity commissioner had no authority to deal with the complaints, and that he would not participate in the process. Later, Chiarelliaccusedcouncil of beingbiased toward him.

"Refusing to come because the process is fixed is different than saying,'I'm too sick.' And he said,'I'm too sick,'when it was quite apparent to everybody who was watching that he wasn't too sick to do other things and he was trying to avoid the process," said Corbett.

The judge told Sevigny that there was "no question" that Chiarelli had a serious medical issuestarting in December 2019, but said Chiarelli "used that to obstruct this investigation and never participate. His position seemed to be that he could draw amunicipal salary, show up to council events, but he didn't have to participate in this process, and he wouldn't. What do you say about that?"

Sevigny responded that Chiarelliwas "reasonably apprehensive and reasonably concerned about the integrity of this process after the public displays and comments of council through the fall months of 2019."

Lawyers for the city and the integrity commissioner are also scheduled to make presentations to the panel.