Home 99.1 News Divisional Court To Review Decision To Suspend Councillor’s Pay

Divisional Court To Review Decision To Suspend Councillor’s Pay

North Kent Coucnillor Rhonda Jubenville’s motion to limit flags raised on municipal property to the Chatham-Kent, Ontario, and Canadian flags failed at the April 24th council meeting.

A Chatham-Kent councillor will finally have her day in court, nearly two years after she was penalized for violating council’s code of conduct.

Ward 4 Councillor Rhonda Jubenville will attend Divisional Court virtually on Wednesday as part of a judicial review of council’s decision to suspend her pay for 90 days, the maximum penalty allowed under Ontario’s Municipal Act.

On August 14, 2023, CK Council voted 13-3 in favour of the pay suspension based on a recommendation from Integrity Commissioner Mary Ellen Bench, who had submitted a report detailing an investigation into several complaints about social media posts made by Jubenville. Bench found that Jubenville’s online comments on community matters, other councillors, and social issues had violated the code of conduct.

Jubenville filed an application to challenge the decision two months later.

Wednesday’s judicial review will be heard by three divisional court justices, with arguments made by Jubenville’s lawyer and the lawyer representing the municipality. Jubenville will not testify, nor will members of Chatham-Kent Council or the Integrity Commissioner who are named in the case.

A review will examine and determine if the decision of council and the findings of the Integrity Commissioner were fair, reasonable and lawful.