Council has voted to dismiss a formal complaint alleging public statements made by Mayor Cathy Heron in January violated the council code of conduct.
On Jan. 29, Heron posted online statements in response to St. Albert-Edmonton MP Michael Cooper’s presence at an early Ottawa protest opposing COVID-19 public-health restrictions. When Cooper gave an interview to CBC, an upside-down Canadian flag painted with a swastika could be seen in the background.
“We want the rest of the country to know that MP Cooper’s presence at this rally in no way reflects the values of Edmontonians and St. Albertans,” Heron said in an initial social media post. “Our communities are diverse, inclusive, and welcoming — hate has absolutely no place here.”
Edmonton Mayor Amarjeet Sohi also released the same statements alongside Heron, saying he was “troubled” by the photo and requesting an apology from Cooper.
On Feb. 27, St. Albert’s chief legislative officer received a complaint from a member of the public alleging that Heron’s statements constituted a breach of the council code of conduct. Under the code, any individual who identifies or witnesses behaviour they believe breaches the code can file a formal complaint addressed to the integrity commissioner.
During their Monday meeting, St. Albert city council went in camera to discuss whether Heron’s statements indeed breached the code of conduct. Reasons for holding the discussion in private listed in an accompanying agenda report included disclosure harmful to personal privacy, and information subject to legal protections, which are protected under Alberta’s Freedom of Information and Protection of Privacy (FOIP) Act.
The complaint, which has since been posted to the city’s website with the complainant's name redacted to protect their privacy, alleged that Heron had breached several sections of the code.
For example, the complaint alleged that Heron’s statements did not reflect a requirement for members of council to conduct themselves in a professional manner, to observe the highest standard of ethical conduct, and act in the best interests of the city, among other alleged breaches.
“I was offended and disappointed by this unprofessional action by both mayors,” the complainant said in the letter, which also alleged that the statements from both mayors constituted a co-ordinated media attack.
The letter did not allege a breach under the code’s regulations for the use of social media, which outlines that council members shall not use social media to “publish anything that is dishonest, untrue, unsubstantiated, offensive, disrespectful, constitutes harassment, is defamatory or misleading in any way.”
Statements not code violation: council
When council emerged from their in-camera discussion, Coun. Wes Brodhead said council had received legal advice around what it would mean to breach the legal standard of defamatory discourse, including “what sorts of liberties are afforded to a natural citizen of our community, and what sort of leeways are allotted to elected officials.”
“All of which have at least led me personally to understand that the mayor had in no way breached our code of conduct,” Brodhead said.
Coun. Ken MacKay echoed Brodhead, arguing Heron’s statement was an “expression, which is allowable to all public figures.”
“When you give, you have to be able to take, and when you take, you have to be able to give,” MacKay said. “I’m just going to leave it at that.”
Coun. Natalie Joly argued that Heron’s statements were in the spirit of the code.
“The mayor, as she is known to do, acted in the best interests of the city in the face of global coverage that was threatening the reputation of our city,” Joly said.
Coun. Sheena Hughes said she wants to remind the public that respect for everyone’s personal freedom of expression is essential, “even though we don’t always agree.”
“The decision this council has come to has not been taken lightly,” Hughes said. “We are confident with where we are standing.”
The motion finding a breach of the council code of conduct did not occur, and a vote to dismiss the complaint passed unanimously.
