Ontario councillor taking part in anti-mandate protests attends meeting virtually from Ottawa

When West Lincoln councillor Harold Jonker attended a committee meeting online Monday evening, he wasn't in the Niagara-area township in Ontario that elected him. He was more than 500 kilometres away, in Ottawa.

Jonker has been taking part in the occupation of some streets around Parliament Hill since it began on Jan. 28.

He's still there and said he's resolved to stay, even as Ottawa police served notice to protesters who remained there Wednesday afternoon that they "will face severe penalties" if they do not "cease further unlawful activity" and remove their vehicles.

While politicians at various levels are "winking and nudging" to show their support of the protests, a professor whose research focused on local government said he wasn't aware of any other elected officials actively taking part to this extent and that Jonker's participation could have political consequences.

However, the councillor said his role in the protest, which has now stretched on for three weeks and resulted in all three levels of governments declaring a state of emergency, has not affected his ability to fulfil his council duties.

"I'm really busy with the convoy during the day, but I have time at night to attend meetings," he said. 

Jonker, who is an owner of Jonker Trucking Inc. and claims he and his wife were in the first truck to arrive in Ottawa, told CBC late Wednesday afternoon he plans to remain in the city. 

"Mr. Trudeau you can freeze my accounts. You're not harming me, you're harming my 13 children, my dog Dash, my cat Comet and my 15 chickens," Jonker said, referring to directive the federal government has given financial institutions as part of the powers granted under the Emergencies Act. 

Jonker has missed some meetings related to his role on council since joining the convoy.

The clerk for the township confirmed in an email to CBC that Jonker has missed two committee meetings, a special council meeting and a council meeting before attending the meeting virtually on Monday.

At least one of his council colleagues has taken issue with his absence.

In a series of tweets on Feb. 11, Ward 3 councillor William Reilly said Jonker had missed several meetings and said he should consider resigning.

"I call on [Jonker] to either resign his seat if he's going to con't to neglect his municipal responsibilities or to resume representing the residents of ward 2 at Council," he wrote.

Ontario's Municipal Act dictates that a councillor's seat can become vacant if they miss meetings for three months in a row, without permission from council.

Prof calls protest participation a 'dangerous game'

Zac Spicer, an associate professor at York University, said municipal councillors have a "lot of leeway" when it comes to how they spend their time outside of council.

However, they do have to consider what their constituents will support. 

"I think politically it could be a very, very dangerous game," he said.

"There are elected officials at every level who are being very, very public about their support for this. I think each of them have to square that away with their duties as an elected official as a politician, thinking about what their future prospects might be and I think a lot of them have very serious decisions to make."

Monday's virtual meeting happened the same day the federal government invoked the Emergencies Act for the first time in Canada's history in response to protests against pandemic restrictions.

Reilly added the township is in the middle of its budget "undoubtedly one of the most important roles of our job" but because he's in Ottawa, Jonker's "voice is currently non-existent."

35:31The trucker convoy heads to Ottawa

Across Canada this week, groups of truckers opposed to a vaccination mandate for cross-border truck drivers have been making their way to Ottawa to protest. But as the convoy has gained momentum, others — some with violent messages — have latched onto the movement. Today, we'll first hear from Harold Jonker, a trucker leading one of the convoys to Ottawa. Then, we'll speak to CBC senior parliamentary reporter Travis Dhanraj about the broader context around this story, and how it's playing out politically.

Jonker did not deny he had missed meetings, including a council meeting on Jan. 31, but said he wasn't able to attend it because of a "situation" in Ottawa, which he indicated was connected to his trucking business.

"I just find it a little interesting that it was a councillor that's worried about my attendance. That's not actually his job. That's the clerk's job and she has not expressed any concerns," he said.

"I missed a couple of [meetings] because of other reasons, nothing to do with the convoy."

Reilly said his tweets were meant to bring awareness to Jonker's absence and encourage him to fulfil his role. He said he doesn't plan to take any further action.

Jonker says constituents 'begged' him to stay in Ottawa

Jonker, who describes himself as captain of the Niagara contingent of the convoy, said his business has a fleet of more than 20 trucks which make runs to the U.S. But policies in both countries that state truckers must be vaccinated against COVID-19 to enter mean half of them, including him, can't cross the border.

The councillor said he joined the convoy to Ottawa to "support the movement for freedom and bringing the truth of the gospel."

He also pointed out that West Lincoln has a vaccine mandate of its own, which bars anyone without shots from visiting its administrative building where council meetings are held, so he's had to participate online anyway.

"I can attend the meetings virtually, anywhere in the world and still be there," said Jonker, adding some of his constituents "begged" him to stay in Ottawa.

"I'm representing them in a different spot, in a different situation but I'm representing them as town councillor of Ward 2 in the meetings, in committees."

Reilly said he's been hearing from constituents, too.

"I have heard from many disappointed residents regarding both Councillor Jonker, and Mayor Dave Bylsma's attendance and participation at the occupation," he said.

Mayor supports councillor

Bylsma, the township's mayor, has been a vocal supporter of the protest and councillor Jonker on social media.

He visited Ottawa last weekend, sharing a photo posing with Jonker and a truck with the peace tower in the background. Another local councillor, Dave Sharpe from Grimsby, has also posted video on social media showing him supporting the protests live in Ottawa. 

In a statement to CBC, Niagara Region chair Jim Bradley shared his disappointed in Bylsma's trip to Ottawa, saying the occupation is doing "significant harm."

"It is disheartening that I must again publicly rebuke the councillor for participating in a demonstration that flies in the face of credible science, as well as the stance of Niagara's board of health," Bradley wrote.

In April, Bylsma was kicked off the region's emergency operations committee and received a court summons after speaking at an anti-lockdown protest in St. Catharines.

The region also docked Bylsma's pay following an investigation that found he violated its code of conduct by asking a woman if the COVID-19 vaccine changed her menstrual cycle.

In a text message to CBC on Monday, the mayor said he supports the right of any Canadian to peacefully protest, including Jonker.

"I have no concerns about [councillor] Jonker missing meetings," he wrote.

Why elect someone who doesn't obey laws: McMaster prof

On Monday, Jonker told CBC he planned to stay until all lockdowns are lifted and COVID-19 vaccine mandates end.

"I'm not concerned about being being arrested because we're not doing anything illegal," he said. "Quit trying to twist things like we're a bunch of criminals. We're not."

That same day, Prime Minister Justin Trudeau and Finance Minister Chrystia Freeland both called the blockade and related activities "illegal." 

Under the Ontario Municipal Elections Act, a councillor becomes ineligible in their role if they are serving a sentence of imprisonment on voting day. It also says a person will be ineligible for office if convicted of an offence under the Criminal Code "in connection with an act or omission that relates to an election."

Jonker said he plans to run for re-election later this year. 

Peter Graefe, an associate professor of political science at McMaster University said Bylsma and Jonker's election show there's a base of support in West Lincoln for "politicians who are anti-mandate."

But if Jonker were to be arrested that could raise questions in the mind of voters.

"Presumably, it would affect his legitimacy with many of the electors," said Graefe.

"They would be asking why someone we elect to make laws and who therefore we expect to obey laws, would be engaged in an operation where ultimately he would be on the wrong side of the law?"