CBRM fire chief told 'stay home' after quitting, citing disputes with some councillors

Cape Breton Regional Municipality's fire chief was told not to come in to work Friday shortly after CBC aired an interview in which Michael Seth said he was resigning for personal and professional reasons.

In the interview, Seth provided details of a complaint he made last year that led to an independent report that found some councillors had breached CBRM's harassment policy.

Seth, who is Tuscarora Mohawk from Ontario, said he struggled with the decision to complain about harassment from councillors, but did so as a survivor of the Indian day school system and the descendant of family members who spent years in residential schools. 

"I felt that it was important to ... not only honour the legacy of my parents and grandparents that have went through this, but also just to stand up for and be a voice for the Indigenous people in general," he said.

What made it worse was that nothing has happened since a Halifax lawyer with Stewart McKelvey filed an investigation report on the harassment in November 2022.

"Well, it's disheartening, especially when there's nothing that can be dealt with over and above that," Seth said. "There's no consequences."

On Friday, Seth said he expected some repercussions after revealing details of a confidential investigation, but expected to keep working until mid-October in order to provide a smooth transition for the next fire chief.

He declined to comment further, saying he needed to get legal advice.

In a brief interview Friday, CBRM's chief administrative officer Marie Walsh said employers typically end the work relationship and pay them out when an employee quits.

"It's not unusual when someone resigns to end their employment and pay them," she said.

Walsh said she wishes Seth well, adding that CBRM is in the process of appointing an acting chief and would be advertising right away to fill the position permanently.

Seth's complaint stems from an email exchange between councillors in June 2022 questioning a staff decision to call July 1 events Night of Lights, amid calls from Indigenous groups across the country to reconsider Canada Day and the legacy of residential schools.

Report under wraps, until now

The investigation was commissioned by CBRM's human resources department and has remained under wraps, but Seth said its confidentiality was to protect him and he no longer felt the need to keep quiet. 

The report said councillors Gordon MacDonald, Earlene MacMullin, Ken Tracey and Darren Bruckschwaiger ought to have known that their emails over the Canada Day decision could be construed as unwelcome and offensive.

Some of the emails called the decision "ridiculous" and "foolhardy," and the investigator said Seth felt some of them "pointed the finger" at Indigenous people for changes to Canada Day events.

In an interview Thursday, Seth said all of that weighed heavily on his decision to return home to become deputy fire chief in Six Nations of the Grand River, southwest of Hamilton.

Councillors simply didn't understand how their words could be hurtful and showed no interest in learning, he said.

"I truly, honestly don't believe that the four councillors have a racist intent," Seth said. "However, there is an underlying unconscious bias that exists."

In interviews, MacDonald and MacMullin continued to insist they did nothing wrong and said the way the complaint was handled was unfair.

"At no time did we make any harassing comments towards him or anybody else regarding the Canada Day discussion," MacDonald said in an interview.

"The independent investigator, in my opinion, misled us, decided that she was going to be the jury, judge and executioner and that's what she found in her findings."

MacDonald said it is his job as a councillor to ask tough questions and he was taken by surprise when he found out he had been deemed guilty of harassment with no opportunity to explain or argue his case.

MacMullin said the same and expressed disappointment with the process.

"The investigation was flawed right from the beginning," she said. "I do not believe I was inappropriate or racist in any way. I will never admit guilt to that. I firmly believe I did nothing wrong."

MacMullin said she called Seth not long after the email exchange and was assured he did not have any concerns about her messages, a point that is also made in the investigator's report.

In addition, the harassment policy is aimed at municipal staff and not elected officials, MacMullin said.

In the consequences section, the policy said harassment is "serious misconduct and may result in disciplinary action up to and including termination of employment."

Bruckschwaiger said he would need to contact his lawyer before commenting and Tracey did not return a request for comment.

Not the only dispute with councillors

The Canada Day email exchange was not the only dispute Seth has had with councillors.

He and his senior staff walked out on the fire and emergency services committee earlier this year after repeated questioning by MacDonald.

Seth said that may have been a result of the harassment complaint a year earlier. While there was an informal resolution meeting after the contentious committee meeting, he was not happy with the outcome.

"We were able to air our grievances regarding that and I guess essentially agree to disagree on perspective and standpoint," Seth said.

Family decisions a factor

Seth said he also needed to quit in part because his immediate family moved to Sydney at the start of the pandemic and never got a good chance to meet people and make friends.

He also said family back home are unwell and he needs to be closer to them.

He also said he was brought in to make changes throughout the CBRM fire service, but that was proving to be a bigger challenge than expected and his strained relationship with some councillors could be getting in the way. 

CBRM needs to work on its relationship with Indigenous people, Seth said, citing the decision earlier this year by the mayor's L'nu adviser to quit.

'Living on treaty territory'

CBRM council used to hold tri-council meetings with Membertou and Eskasoni band councils, but they have not done so since Seth joined the fire department.

"We're all living on treaty territory and the Mi'kmaq are a key part of this community and it's important to have those relations that are maintained and open," Seth said.

Mayor Amanda McDougall was unavailable for comment.