CBRM mayor breached code of conduct during dust-up over Canada Day, council decides

Members of Cape Breton regional council have ruled their mayor breached the municipality's code of conduct for elected officials during heated discussions over Canada Day celebrations in 2022.

The decision follows a complaint made by Cape Breton Regional Municipality councillor and former deputy mayor Earlene MacMullin.

During the special council meeting on Monday, MacMullin said she brought her concerns forward so they could be properly dealt with.

"As an elected representative, as a person around this table, I expect to be treated with respect," said MacMullin. 

"I expect to be treated with dignity. And if I have a question or I want to bring something to task, which is exactly what I'm getting paid for … that's what I'm here to do and I should be able to do that without having to worry about getting smacked with insults."

MacMullin alleges that Mayor Amanda McDougall engaged in inappropriate interpersonal behaviour. She also provided several email exchanges to outline her concerns.

A rift between MacMullin and the mayor was exposed last summer in a debate over Canada Day festivities in the municipality.

Some councillors, including MacMullin, say they were unfairly called racists in an email exchange after questioning the 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.  

It was sparked by an interview with a member of CBRM's recreation department about the name change. 

MacMullin obtained a document through a freedom of information request that appears to show an email exchange between the mayor and several people the mayor describes as advisers.

"I believe that this conversation proves previous discussions between the mayor, a staff member, and 3 external parties took place regarding the opinions and contributions of myself and fellow council members ... regarding Canada Day," MacMullin wrote in her request for council to investigate.

The exchange was sent to McDougall's municipal email and several email addresses outside the municipal government.

One response sent to McDougall suggested speaking points to raise the issue with councillors.

"Perhaps it's possible for you at the July council meeting to say something like, 'It has been brought to my attention that some members of our community and our council are upset with the handling of Canada Day this year,'" the email states.

Seeking outside advice

After a CBC interview aired, some residents contacted councillors to complain that Canada Day was being cancelled, leading to an email exchange with councillors questioning why they were not involved in the decision.

McDougall said she sought advice from her advisers after receiving an email from someone who included a news article intended to disprove the deaths of Indigenous children linked to the residential school system. But McDougall said she never shared the opinions or information authored by CBRM council.

"I have a number of trusted colleagues and personal advisers I turn to for advice and oftentimes support when I'm trying to work through challenges. This group ranges from government-employed advisers to academics … with specific skill sets and knowledge I can tap into," she said.

Victory for mayor

CBRM councillors then met without McDougall or MacMullin to deliberate on the two arguments.

A majority of them decided that based on balance of probability, McDougall breached the code of conduct by disseminating council information to an outside party. There will be no punishment, but a written warning issued to McDougall. She was also asked to apologize to MacMullin, which she promptly did.

However, there was a victory for McDougall on Monday.

Council decided she had not breached the municipality code of conduct in relation to a set of emails exchanged between MacMullin and McDougall. In that conversation, MacMullin was questioning the mayor about her handling of meetings to discuss issues related to a housing initiative.

MacMullin found the mayor's response disrespectful. However, council did not find that the exchange broke any protocols. Following the meeting, McDougall accepted the council's decision.

"I think it's fair. I think it's good. Everybody got to air their frustrations and concerns and now we have resolve and can move on."