CFN – Lawyer Fay Brunning released a stunning email this morning suggesting that the Cornwall’s Mayor’s conduct is illegal and that he in fact has not been cleared as his lawyer RULED of any issue at this point.
Below is Ms Brunning’s email to media unedited.
You have asked me for my comment about the Mayor’s news release of March 5th. My comment is that his conduct is illegal and his news release makes a mockery of our democratic and legal systems. No one is above the law and City Council should enforce the law against the Mayor.
In January 2013, the Divisional Court of Ontario ruled that $3,100 was not too small of an amount to invoke of the Municipal Conflict of Interest Act. Under the MCIA, any member of Council with a pecuniary interest must declare it and may not participate in any meetings nor influence any other member of Council on matters touching the conflict. The pecuniary interest of Mayor Kilger in question is in excess of $100,000, for the purpose of application of the MCIA, arising from the whistleblower complaint of one of the internal managers. Since no later than May 31, 2012, Mayor Kilger has been in a conflict of interest under the MCIA, but it has been totally undeclared to the public. The Mayor and/or Council have not obtained a court ruling on this issue.
Electors of Cornwall are the persons who have the right to invoke the protections of the MCIA. Until there is a declaration of the Mayor’s conflict of interest, recorded in public minutes of Council, the electors’ rights continue to be violated. The electors are the beneficial owners of the municipal corporation. The reason for the MCIA is that every council member must step aside if he/she have a pecuniary interest, because councillors must govern only in the best interests of the electors and may not be influenced by their own pecuniary interests. Councillors are supposed to conduct the business of Council in a transparent and accountable fashion under the Municipal Act. The exceptions are limited and ARE NOT MANDATORY.
My client filed his complaint directly to each member of Council on May 31, 2012, and he asked for an external, qualified investigator be appointed to get to the truth behind the allegations, because some of them put the Mayor in a conflict of interest. Instead, a subordinate person within the City was appointed to investigate his superior and the allegations pertaining to the Mayor. After the court rulings in Magder v. Ford in Toronto, since early December 2012, I have repeatedly asked for the provisions of the MCIA to be enforced for the public, by the remaining members of Council. I have asked that the Mayor be excluded from all participation and not be allowed to influence other members of Council. We had to threaten legal proceedings. More lawyers were brought in. Finally, the matter was to be discussed with City Council on February 19th.
In advance of the closed meeting on February 19th, the agenda stated that the Mayor would chair the closed meeting. My clients and I protested. On that day, immediately prior to the closed meeting, two of the lawyers reportedly met with the Mayor and the Mayor left the building. The meeting on the 19th proceeded, without the Mayor, entirely behind closed doors. Ask Council if the Mayor was directed to not attend because he was in a conflict under MCIA.
Section 6(2) MCIA makes it mandatory that even for closed meetings of Council, at the next open meeting (February 25th), the declaration of interest must be made by the member and recorded in the minutes by the Clerk.
Although the next open council meeting (February 25th) was not available for viewing on Cogeco, the minutes of the Clerk do not record any declaration of interest by the Mayor on the 25th. The Mayor did not declare any conflict of interest.
If the Mayor is conducting himself in an illegal fashion under the MCIA, why is the rest of Council allowing that to happen? Illegal conduct should not be permitted by the rest of Council and the Mayor should have had to declare his interest, or to have his position contested in open Council.
The Mayor’s press release is not a declaration of interest under the MCIA. The declaration must be made in an open session of Council. The Mayor’s news release about his lawyer’s opinion is not binding on the rest of Council. One would expect there to be debate on this issue in open Council if the Mayor announces he was not in a conflict and he tries to rely upon his own lawyer’s opinion. In the absence of a Court ruling, his lawyer’s opinion is not binding on Council. Council can decide if the MCIA puts the Mayor in a conflict of interest on the whistleblower complaints.
Alternatively, City Council could publish the legal opinion of the City Solicitor that the MCIA does not apply to the Mayor so that the public (including lawyers in Cornwall) can review whether that legal opinion is valid. The recent decisions of the Court regarding Mayor Ford in Toronto clearly support that Mayor Kilger must declare a conflict under MCIA and that he should not have been involved in any of these whistleblower matters since May 31, 2012. Members of the public could be allowed to see the legal opinion that bears upon whether their rights are being protected by the City Solicitor. City Council itself decides whether or not to waive solicitor and client privilege, not the lawyers.
This declaration of interest under MCIA, to be recorded in Council Minutes, is very important because as of that day, Cornwall electors have 6 weeks to bring an application to the Court to remove the Mayor from office for violation of the MCIA. The Mayor and other Council members cannot stop electors from directly seeking that remedy. Electors have the direct power to remove the Mayor from office for violation of MCIA.
Not only can the Mayor be removed, but under the MCIA, each decision of Council in which the Mayor wrongfully participated and/or influenced other members of Council, is subject to being set aside. That would include the deal the Mayor made with Mr. Fitzpatrick around June 29, 2012. That would include the lack of powers/protocol granted to investigators to get to the truth of the whistleblower allegations.
Whistleblowers are not to be blamed for causing legal costs. Whistleblowers are trying to ensure the law is followed, despite the huge risks they take to reveal misconduct to the proper authority. Right now the proper authority is City Council. City Council has to get to the truth and to follow the law. Remember the outcome of the Cornwall Inquiry, which condemned the secret deals, improper discipline of whistleblower complaints and abuse of authority? Remember the City’s criminal conviction in October 2011 for illegal retaliation for reporting resident abuse at the Lodge? Council was investigating that illegal retaliation when these two whistleblower complaints were provided to Council members. Remember that one Councillor resigned in protest? Remember that one Councillor won his complaint to the ombudsman for being berated in a closed meeting by the Mayor for doing a video to the public that was posted on CFN?
The Citizens of Cornwall could ask every individual member of Council to publicly record in Council whether he/she believes the Mayor is in a conflict of interest under the MCIA and to state they are committed to ensure the law is being obeyed. How can witnesses be expected to come forward with their information in these whistleblower investigations if City Council cannot be counted upon to abide by and to enforce the law, regardless who is under investigation? Does Cornwall really need another public inquiry? Not if Council follows the law and investigates properly to get to the truth.
City Council could declare the Mayor to be in conflict. Why transfer responsibility to the whistleblowers and why put their personal assets at risk to have to go to a Court of law to enforce the law? City Council could force the Mayor to bear the risk and liability of starting legal proceedings to prove his is not in a conflict. If remaining members of City Council do not follow the MCIA, they will become respondents and part of the Mayor’s conflict in subsequent legal proceedings.
This is currently a game of hide and seek because the Mayor will not declare his conflict in open Council, and the trigger date for 6 weeks to remove the Mayor has not commenced. The media is being treated like the enemy when they are seeking answers on behalf of the public. Members of the public who attend and protest are being harassed and intimidated. The course of conduct to date makes a mockery of our legal and democratic system. The law is clear and should be followed. No one is supposed to be above the law in Canada. This democratically elected government surely should follow the law without a Court or public inquiry telling it to do so.
Taxpayers’ monies is being wasted on all these legal proceedings. Why disobey a clear law which exists to protect the public? Taxpayers’ monies may also be wasted/not recovered if the investigations are not sufficiently powered and/or independent of the accused persons, to get to the truth. The public is not being sufficiently protected/represented in this legal dispute. Electors can activate their democratic powers by contacting Council members directly and asking that the law be followed and the truth be properly investigated. Or the public can band together and hire one of your excellent lawyers in Cornwall to represent the public under MCIA.
Complacency of the public is the biggest threat to our Canadian democracy.
Wow! Now that’s an email! What do you think? Does Ms Brunning have it nailed down? You can post your comments below.
Does anyone have a link to any news articles pertaining to Bob Kilger and the young lady who tried to have Bob charged when he was Manager at St. Hubert’s?
Do you mean this?
http://www.theinquiry.ca/Kilger_240101.hide.php
Mike, Kilger is a 4th Degree Knights of Columbus and I saw that on an article that seems to be removed now. It was with Wilson who had the funeral home and the man who was a former justice of the peace and he was also raising money for the United Way. I remember him from way back (the former justice of the peace) and went to school with his daughter at St. Lawrence H.S. Her name was Karen.
I learned that the Knights of Columbus is a secret society just like the Masons – all related. No wonder I no longer go to church since over 30 years. I have learned so much and want no part of the church whatsoever.
Mike never follow anybody in life and do what is good for you and for your family. There is a great deal that people don’t know about others and it would come as a great shock. I think that you are a good person but never ever follow other people because that is where people get into trouble. You liked what you saw on the exterior of Bob Kilger but you do not know the real person even if you were neighbors. There is so much that I could say but I will just say this people who are in the secret societies do a lot of harm. I have been listening to so much about this and I am not talking about little Cornwall but world wide. The leaders of the world which includes all religions are all 32nd and 33rd degree Masons whether Catholic, Protestant, Judaism, Islam or any other it makes no difference. What they learn is CONTROL OF THE MASSES and they cannot reveal who they are and what goes on in the lodges or they face something that you would not want to know. That is why our world is in such termoil today. I will not go into it and I am keeping what I know to myself. I would have a terrible uprising here if I did.
Mike
I think you would find the actual news article you are speaking about in the same file cabinet as all other news articles of that time.
The same cabinet as Mr Silmser, Mr Mac Donald and many others.
It was a hush we up and those who worked there knew all to well what happened. It was pretty amazing seeing something put to sleep so fast in light of the up coming election.
Yes Hailey a humoungous cover up but they sure could not hide that news from me. I was on that news for hours and I knew much more than what was posted from past years. I knew all about that since I was only 7 or 8 years old. I have seen what happened to some of my male class mates. Some of my parents neighbors used to talk a lot about things going on with the “so called Cornwall-Tombstone elites” as well and I had my ears full. I knew most of the people that were named and one priest had the living gall of teaching religion at a certain high school in Cornwall when one day I got up off my seat in his class and I walked out telling him that I was Protestant even though I wasn’t but my dad was and a good thing that I did that and never regretted one day since. This priest was one of the culprits.
People in Tombstone need to grow a pair of you know what and stick up for yourselves the way Jamie does and then these dirt bags can never put it over any of you. Nothing will change in Tombstone until the sheeple wake up. “When the student is ready to learn the teacher appears.”
Mike Bedard, Hailey Brown or any others………Any questions to ask regarding what transpired down there with Project (so called) Truth feel free to ask.
Mike, IF your intent is to go after Mr. Kilger regarding the aforementioned incident I know plenty who are willing to help.
John MacDonald
Niagara Falls
Mr. John MacDonald I think that attorney Faye Bruining would be interested in what the people you know would come forward with and I do know that we all want to get to the bottom of a lot of this and that Kilger has to go. Thank you for coming forward.
Jules, You are somewhat mixed up about the collusion suggestion between the Knights and the Masons. Secret societies, yes, one though with a little research can find out quite a bit in the local public libraries, including many of their so called ‘secrets’. The way you suggest is to presuppose the Orangemen of Ireland are secretly in bed with the IRA.
You are likely right that the local levels are both fraternities (self-protective, suppose to be with legal situations only) as well as both, extremely charitable….(the BIGGEST secret of all). On a higher involvement, I would agree, their may be some ‘togetherness’ where in there ‘world order’ they do manage our lives more than we realize…but at the senior ‘country’ levels.
Regarding your other suggestive comments, I think too that a lot of us are very aware that Project Truth was stone walled by the hierarchies of the local judiciaries of the time, a some of the local policemen and a number of politicians of the day, a few of which are still in their positions today. Too many have passed on to reopen those wounds. They were white washed.
Too many stabbed Perry Dunlop in the back and in so doing made a sham of the entire process by also ‘hiding’ evidentiary details that are likely burned by now. This stigma to protect these thugs and bullies will haunt this city for years to come……….and to think of those poor, poor fellas who were abused, a lifetime of hurt.
Mr. J. MacDonald suggests we get in touch if we know ‘things’? Why, does he want book or movie rights from the anti-truths slant? Would sure make for intrigue wouldn’t it. Too much hurt for those abused.
Was Mr. teflon K. in this in someway? I doubt that one?
Diddlyscwat………..I think it best that you re-read my post! I did not and would never “suggest” someone to get in touch with me IF they know things, and I am certainly not looking for any book or movie deal.
My post stated that anyone with questions should feel free to ask me.
No hidden agenda here my friend!!!!
John MacDonald
We all know about the horrible skeletons hanging in people’s closets and in their troubled minds even though many put up a good front of hiding things. If Mr. MacDonald knows things about Kilger or anyone else then he should address them to Ms. Fay Brunning since she is an attorney and can deal with these things. I do not think that people should ask these things here on CFN and such places. I too want to see Kilger go very much so but there is a certain procedure to take and it isn’t to be posted here on line. I don’t trust Kilger any further than I can throw him but don’t say anything here Mr. MacDonald. I feel bad along with many people about what went wrong and going wrong but talk to the attorney instead.
Thanks John M. friend. We all appreciate your charity…your clarity. Sorry to draw you out. Sorry if I offended.
Seems now we are on the same page. I appreciated your humility to redirect.
Perhaps some will get in touch. Perhaps some have. Sounds like you and Jules have history here.
Our best, no, my best to you and your needs.
Wise comment Jules, One subject, same topic…on
message.
Too easy to bring up two or three different angers on the same page. I’ll try better too.
Diddlyscwat we never forget our hometown no matter where we live. We always check back. I was in Cornwall yesterday morning.
Well now, the truth is being squeeze outnow, Bob.
If you don’t resign, you will be squeezed out.
The 4th Degree Knight honour has now been tarnished as well.
You have em-bare-assed them as well, Bob.
That should buy you an extra early ‘dishonourabl’ discharge, demit, Bob.
Truly sorry for the illness you had Bob. Really, Bob.
In this business what you had was a nefarious disease, Bob.
For that, we are all the losers, Bob.
For that we are all truly sorry, Bob.
Goodbye, Bob.