Chiarelli investigation to proceed despite claim of council bias
Joanne Chianello | CBC News | Posted: February 12, 2020 5:23 PM | Last Updated: February 13, 2020
Integrity commissioner Robert Marleau unswayed by letter from councillor's lawyer
Ottawa's integrity commissioner is vowing to go ahead with his investigation into alleged behaviour by Coun. Rick Chiarelli despite a demand from Chiarelli's lawyer that the probe be suspended due to council's "patent and palpable bias" against the College ward councillor.
On Wednesday, integrity commissioner Robert Marleau said he's going forward with his investigation, even though Chiarelli has so far refused to participate in the process. In December, Chiarelli had heart bypass surgery, and in January, his wife wrote on Twitter that the councillor had suffered a post-operative infection.
In an email to Marleau and city solicitor David White on Tuesday evening, Chiarelli's lawyer, Bruce Sevigny, wrote that "there has been an overwhelming demonstration of patent and palpable bias, by Mayor Jim Watson and other members of Ottawa City Council, which has completely undermined our client's legal rights, the integrity of the City's policies and procedures, and the confidence of the most right-minded members of the public."
- Chiarelli's leave request denied
- Analysis: Councillors taking a stand on Chiarelli, the only way they can
A CBC News investigation last fall corroborated the stories of 13 women who accused the councillor of inappropriate behaviour. CBC reported the experiences of eight of them.
One job applicant alleged Chiarelli had asked her about going braless to work events, while another said the councillor had asked if she had ever considered stripping.
- 'Better without a bra': More women come forward with allegations against Chiarelli
- Councillor asked job applicant about going braless, woman alleges
- Former Chiarelli staffer comes forward with familiar tale
Chiarelli has denied the allegations both through his lawyer and in a personal statement, where he blamed the accusations against him on "mob mentality."
But Marleau said his investigation will continue.
"The only thing that will halt this investigation will be an order from the court," Marleau said Wednesday after tabling his interim report on his investigation into the numerous formal complaints.
Marleau will allow 'reasonable' time
Chiarelli's lawyer has said in the past that he would seek a judicial review of the integrity commissioner's jurisdiction to oversee the investigation, but Marleau said he's not aware of any such application.
Marleau noted integrity investigations should be completed within 90 days, and therefore should have wrapped up on Jan. 13. However, given Chiarelli's personal circumstances, Marleau said he'll allow a reasonable amount of time before completing his final report.
"Reasonable would be what determination I can make with his lawyer about setting a date, if he's willing to participate," Marleau said.
Marleau has the power to subpoena Chiarelli, but wouldn't say Wednesday whether he would do that. He added that he could complete his investigation without the councillor's input.