"Respectfully, the integrity commissioner has clearly made a mistake." Forced to be on the defensive, Councillor Keenan Aylwin finds himself in the crosshairs of uncharted council territory.
In a marathon meeting on Monday night, Barrie councillors debated as the clock ticked past midnight.
The controversy stems from a post Aylwin made on Facebook on March 21, in the aftermath of the terrorist attacks on two mosques in Christchurch, New Zealand. In it, Aylwin specifically addresses Barrie-area MPs John Brassard and Alex Nuttall saying, "We have two Conservative MPs in Barrie that have been silent on their leader's appearance on the same stage as a neo-Nazi sympathizer. This is unacceptable, and it is dangerous. They are playing footsies with white supremacists who have inspired violence through Yellow Vest Canada social media channels and elsewhere."
Brassard took offence to the post and filed a complaint with Integrity Commissioner Suzanne Craig, who released her findings last Friday in a 23-page report. Craig calls Aylwin's post "offensive" and "derogatory," and suggests he crossed the line in his commentary.
At last night's meeting, Craig addressed council saying this issue is not about free speech. "In no way am I saying that a member of council does not have the right to free speech. It is just not unlimited." She went on to tell the members of council that "a reprimand is a penalty under the municipal act, and it is very serious, and in doing so, you're telling your colleague that it's not okay."
Councillor Aylwin disagreed with the report's findings, claiming his Facebook post had been misinterpreted. "Let me be clear, I did not say, and I do not believe that our local MPs are white supremacists, are racists, or are white supremacist sympathizers or supporters."
For the first time in the city's history, Barrie councillors gave the initial vote to punish one of their own.
The prospect of suspending Aylwin's pay was discussed, but council decided instead to denounce his comments and demand that he remove the two-month-old Facebook post.
Ahead of Monday's meeting, Aylwin's lawyer, M. Philip Tunley, sent a letter to the mayor and council that reads in part, "Unfortunately, the analysis in the report is based on fundamental errors of law and misconceptions of fact."
Aylwin and Tunley allege the complaint should never have been investigated by the commissioner or council because of Brassard's lawsuit, claiming it was "designed to silence political speech on a matter of public interest."
Brassard and Nuttall have simultaneously filed defamation lawsuits against Aylwin, each of them seeking $100,000 in damages.
Aylwin and his lawyer went a step further in the letter, threatening legal action if Aylwin were to be penalized, writing, "Any reprimand or other consequences imposed on Councillor Aylwin may be judicially reviewed."
Following the vote, Aylwin told CTV News "this decision isn't final, and a lot can happen in a week. I will be in touch with my legal counsel, and we will be fighting this in court. I will stand by what I said."
Mayor Jeff Lehman said they would likely implement a social media policy for councillors in the future. "A more detailed social media policy, that lays out what is and isn't appropriate for the role of councillors may be necessary."
Councillors will be casting their final vote on the issue next Monday.
