Chiarelli investigation to proceed despite claim of council bias

Integrity commissioner Robert Marleau unswayed by letter from councillor's lawyer

Image | Rick Chiarelli, Dec. 11, 2019

Caption: Coun. Rick Chiarelli underwent heart bypass surgery in December. According to a tweet from his wife, he suffered a post-operative infection. (Jean Delisle/CBC)

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.

Media Video | CBC News Ottawa : City councillor questions length of Chiarelli investigation

Caption: Coun. Shawn Menard wants to know when the investigation into Coun. Rick Chiarelli’s alleged behaviour will be completed

Open Full Embed in New Tab (external link)Loading external pages may require significantly more data usage.
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."
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.

Image | Integrity commissioner Robert Marleau

Caption: Integrity commissioner Robert Marleau says he will continue his investigation into allegations against Coun. Rick Chiarelli. (Kate Porter/CBC)

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.