Côte Saint-Luc mayoral candidate's vow to extend Cavendish raises possible ethical concerns

As a mayoral candidate for Côte Saint-Luc, Robert Libman is promising to "champion the Cavendish extension," but as a registered lobbyist, he is also representing a real estate company with land in the area of the proposed link.

That may place him in a conflict of interest if he wins the election, according to one expert, who suggests Libman could be forced to recuse himself from decisions involving the long-planned extension of Cavendish Boulevard.

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Libman is an architect and an urban planner.

According to Quebec's Order of Architects, any architect who solicits governments, for instance, seeking building permits or zoning changes, must register as a lobbyist.

Libman denies his relationship with the real estate company, Olymbec, places him in a potential conflict of interest.

Incumbent mayor Mitchell Brownstein has sought to draw the media's attention to those ties.

Olymbec owns two plots of land on the corner of Dalton Road and Cavendish Boulevard — north of the railyard that cuts the boulevard in two.

Filings with the Quebec Registry of Lobbyists indicate Libman stands to be paid less than $10,000 to lobby municipal officials for building permits allowing Olymbec to build on the land.  

Olymbec plots on reserve

In June 2016, the City of Montreal put the two vacant lots, which cover nearly 17,000 square metres, on reserve, to prevent Olymbec from developing or expanding the properties while plans to extend Cavendish Boulevard are worked out.

In October 2016, the city's executive committee approved a resolution to negotiate with Olymbec to buy one of the lots.

"It's not even a conflict," Libman told CBC News. "The City of Montreal reserved land in the corridor where the Cavendish extension is going to go."

"The fact that Olymbec happens to own the land next to it, it doesn't make a difference. I've pushed for the Cavendish extension since 2002. Nothing has changed there."

Michel Nadeau, the executive director of HEC and Concordia University's Institute for Governance and Public Policy, points to the Elections and Referendums Act for regulations concerning conflicts of interest.

Section 361 reads:

Every member of the council of a municipality who is present at a sitting when a matter in which he has a direct or indirect pecuniary interest is taken up for consideration shall disclose the general nature of his interest before discussions on the matter are begun and abstain from participating in the discussions and from voting or attempting to influence the vote on that matter.

Nadeau says those rules apply within the municipality to which the official belongs, but they also apply to interests involving other municipalities.

"As a mayor, you should work full-time for the voters or the citizens of your city. To vote, to take the interest of the citizens, this interest could be in conflict with the neighbouring cities," Nadeau said.

"You should not have any financial, legal or contractual commitments with the neighbouring cities because of business activities."

Libman says he is aware of the rules and has been in touch with the Ministry of Municipal Affairs to go over issues of conflict of interest. 

"If there's ever an issue that might be perceived as a conflict, there are rules that govern conflict of interest, and I would recuse myself in any such case." 

Lobbying 'miniscule part of my work,' Libman says

However, Libman downplayed his lobbying work.

"I don't lobby at all," he said, before adding: "That's a minuscule part of my work."

"I'm an architect. Because I meet with cities, because I make a request for zoning changes or building permits, I have to be on the lobbyist register, like other architects are."

But lobbying records show that Libman has six active lobbying mandates from Olymbec, including for the properties on Cavendish.

In five of those mandates, Libman was paid less than $10,000 in each instance.

Among those is a mandate in which he was to be paid less than $10,000 to lobby Côte Saint-Luc to place rental signs in a vacant property on Westminster Street.

In the sixth mandate, Libman is to be paid between $10,000 and $50,000 for lobbying on behalf of Olymbec's interests in a massive redevelopment project in Montreal North.

Olymbec is owned by Derek and Richard Stern. Derek Stern helped organize Libman's 2014-2015 campaign for the Conservative nomination in the federal riding of Mount Royal.

He won the nomination but lost the 2015 election to Liberal Anthony Housefather.

Transparency concerns

Libman, who was mayor of Côte Saint-Luc between 1998 and 2005, says he signed on to the lobbyist register in 2010 with the goal of full transparency.

Much of his work as a lobbyist involves approaching different cities and boroughs in attempts to change zoning designations, to seek permission for development or demolition or to request bylaw changes.

There are no laws directed specifically at lobbyists running as candidates for elected office, but Nadeau said it's important they be fully transparent about their work.

"The electors should know this candidate is a lobbyist for any organization," said Nadeau.

Libman does not mention his work as a lobbyist on his campaign website.