Aylwin breached Barrie's code of conduct with 'reckless' actions: Craig

In a 23-page ruling filed May 22, integrity commissioner found March 21 Facebook post violated two parts of the code.

Simcoe.com
May 27, 2019
Chris Simon

Coun. Keenan Aylwin demonstrated “reckless” and “wholly inappropriate” conduct by publishing a social-media post that accused two Barrie-area Conservative MPs of “playing footsties (sic) with white supremacists,” the city’s integrity commissioner has ruled.

In a 23-page ruling filed May 22, Suzanne Craig recommended city council reprimand Aylwin, the municipality’s Ward 2 councillor, over the March 21 comments on his Facebook page. She also called on council to consider developing a social-media policy for the municipality, with clear rules for elected officials.

Craig said Aylwin violated two sections of council’s code of conduct in the post, which claimed federal Conservative Party Leader Andrew Scheer appeared on the same stage as an alleged neo-Nazi sympathizer. Aylwin’s statement, made in response to shootings at mosques in Christchurch, New Zealand, in mid-March, criticized local MPs for failing to denounce Scheer.

Craig said Aylwin’s comments “recklessly disregard the truth and appear to be highly partisan.”

“(Aylwin’s) action did constitute discreditable conduct and a breach of the code, which prohibits members of council (from) displaying materials or transmitting communications that are inappropriate, offensive, insulting or derogatory,” Craig said. “(Aylwin) had no duty or obligation to share his views on the subject.... (Scheer) and the (alleged sympathizer) appeared on different stages at different times. There did not appear to be evidence of any direct connection.”

A complaint about the post was formally made to the city by Barrie-Innisfil MP John Brassard on March 25. At the time, Brassard also provided correspondence from his lawyer and a letter of support from the imam of Barrie’s Noor Ul Islam mosque. The letter referred to Brassard as a “friend and ally” who has attended Friday prayer services and other events at the site.

In the complaint, Brassard said the post tried to link him with white supremacists, and that Aylwin’s words constituted defamation. Brassard made a public statement days before Aylwin, calling the New Zealand attack "horrific" and abhorrent."

He said Aylwin failed to acknowledge this point and has an obligation to treat members of the public with dignity, understanding and respect, and to avoid making statements known to be false.

“I am thankful for Craig’s report, the seriousness with which she dealt with this matter and her findings that Aylwin violated the code with his baseless, repugnant and vile posting,” Brassard said in a statement. “I appreciate the support that I received from members of council, who reached out to me personally after the posting was published, to disavow Aylwin’s comments and let me know that in no way did Aylwin reflect their personal view, or the view of Barrie council. I trust council will heed Craig’s recommendations in the report and take action, including a strong reprimand of Aylwin’s reprehensible and irresponsible actions.”

Aylwin did not attempt to clarify or correct the original post, and allowed others to comment on Brassard’s professional reputation, Craig said.

Aylwin declined to comment directly on the ruling. Craig’s report will be discussed by Barrie’s general committee May 27.

“I owe it to council and the residents of Ward 2 to speak directly to this issue at the committee meeting before I make a statement to the media,” Aylwin said.

However, Aylwin did give Simcoe.com a copy of his May 3 letter to Craig outlining a number of “errors” he believes she made in the investigation.

He said the statement was made on his personal Facebook page, and was intended to be viewed only by “friends.”

“I believe your final report should … at least acknowledge that an expression of opinion on such an occasion, by an elected politician, to his friends and followers, or even the community at-large, can at least arguably be expression that is protected by qualified privilege," he said in the letter. "The post was written, and would have been read, in the heat of an online debate that occurred that very day. It should be interpreted in that light. When that analysis is properly applied, the post cannot be interpreted the way (Brassard) does. Reasonable readers would recognize that it is an expression of my personal opinions on a matter of public importance.”

The post can still be viewed on Aylwin’s page.

Courts have increasingly recognized the potentially damaging effects of online comments, Craig said.

“Hate speech is vile and denigration of humanity is offensive,” she said. “The constitutional right to freedom of expression is not absolute or unlimited. Professionals (are) often limited by rules of conduct. Similarly, the expression of municipal councillors is limited by the rules council has imposed. A breach of conduct can lead to disciplinary measures. Blogging, opinion editorials, emails and comments in media and social media -- in particular about matters unrelated to issues before municipal council -- do not enjoy any privilege.”

Craig also found Aylwin’s Facebook page carries the “weight of his office” because it is a public profile used to discuss city business. It is also accessible through a link on Aylwin’s official website, along with a city-run email address and phone number.

“It is clear (Aylwin’s) post was not directed only to personal family and friends,” she said. “Use of a member's title in a social-media profile provides legitimacy and authority and influence similar to the use of letterhead.”

Brassard would not comment further due to ongoing civil litigation against Aylwin.

“I have retained experienced legal counsel and I am prepared to defend the other matter in court,” Aylwin said. “My legal counsel will be filing a statement of defence imminently.”

The other Conservative referred to in the Facebook post, Barrie-Springwater-Oro-Medonte MP Alex Nuttall, had dropped plans for a similar lawsuit earlier this month. However, he launched a second piece of litigation against Aylwin May 23.

“The jurisprudence in Ontario does not prevent a party who has discontinued a claim from commencing a second action seeking the same relief because there may be other considerations,” Barriston Law associate Joshua Valler, who represents both Nuttall and Brassard, said.

Each MP is seeking $100,000 in damages, Valler said.

Craig did not rule on whether the post was defamatory, noting that aspect is outside her jurisdiction.

To read the full report, download the committee’s 7 p.m. agenda at http://barrie.legistar.com/Calendar.aspx.

Editor's note: This story was modified May 23, 2019, to reflect the fact Nuttall has initiated further litigation against Aylwin.