Court boots northern Ontario politician from town council
An Ontario court has removed Maureen Van Alstine from town council in Espanola, west of Sudbury.
The Ontario Superior Court decision was spurred by court filing by the community's integrity commissioner, Robert Swayze.
The court said Van Alstine violated section 5 of the Municipal Conflict of Interest Act, which covers conflict of interest for local councils.
"The respondent’s seat on the municipal council of the Corporation of the Town of Espanola is declared vacant," the court ruled.
Her removal from council caps a multi-year drama that saw Van Alstine sanctioned by Swayze, only to have the discipline he recommended rejected by council.
Trouble began at the Feb. 11, 2020, meeting of council when she proposed a motion that would publicly reprimand the town's CAO – a clear violation of the Act.
Reacting to a complaint, Swayze ruled Van Alstine violated the Municipal Act by publicly denigrating staff on more than one occasion and recommended she be suspended without pay for 90 days.
But when that recommendation came to a vote, Van Alstine didn't declare a conflict of interest – as she was required to do under the act – and voted against the recommendations.
Section 5 of the Municipal Act says any councillor with a conflict of interest on an issue is not allowed to vote on motions related to that issue.
Swayze again ruled she violated the Act, and a motion to have Van Alstine resign came to town council in March 2021. But it was defeated by a 3-3 vote (tied votes are considered defeated under meeting rules.)
Swayze then applied to the Superior Court to have her removed and the seat declared vacant. The court did just that in a decision dated May 16.
"This ruling stems from an application submitted to the court by the Town of Espanola Integrity Commissioner as relates to violations of the Municipal Conflict of Interest Act by Van Alstine," the decision said.
"Council will be deliberating on a preferred process for filling this vacancy pursuant to section 263 of the Municipal Act at its next regular meeting."
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.