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Inch: Integrity commissioner is not a 'referee of free speech'

Coun. Sara Inch told North Bay City Council she tried to resolve Canadore CEO George Burton's integrity commissioner complaint 'amicably and cost-effectively'
2024-01-10-inch-burton-supplied
North Bay Coun. Sara Inch was the subject of an Integrity Commissioner complaint by Canadore College President/CEO George Burton.

Members of North Bay City Council will receive social media training as a resolution to the integrity commissioner complaint filed by Canadore College President/CEO George Burton against Councillor Sara Inch.

See related: Burton vs Inch social media spat costs taxpayers $4K

The extra training was confirmed during Tuesday's regular meeting and stems from a recommendation made by Integrity Commissioner Guy Giorno in his decision to clear Inch of breaching the municipal code of conduct. Burton maintained Inch posted unfavourable online messages regarding Canadore.

Giorno concluded the code was not contravened by Inch.

"It’s crucial to differentiate between a community college responding to criticism, a right it rightly exercises, and deeming a municipal councillor’s criticism of a college as unlawful," Coun. Inch tells BayToday. "Ontario’s Colleges of Applied Arts and Technology, including the one in question, are Crown agencies, and subjecting public institutions to scrutiny is fundamental to democracy, as emphasized by the Supreme Court of Canada.

"In essence, my time and resources were wasted in an attempt to stifle my protected right to express opinions. This was time stolen from addressing important community issues that matter to the folks who elected me. It was also time taken away from my children and my practice. Going forward, I am happy to put this behind me and to spend my time working on the things that matter to North Bay."

The Integrity Commissioner's report includes a recommendation for the "Council to request collective training in social media, with particular emphasis on relevant City policies and the Code of Conduct. Based on the experience of this inquiry, I recommend that the training be integrated with a discussion of how various social media platforms work so that Council Members can apply the rules (the Code and applicable policy) to their actual social media usage."

Inch also chose to address the complaint in the council chambers on Tuesday evening.

"I extend my gratitude for the Integrity Commissioner's clear rejection of George Burton's complaint. It's crucial to delve into specific nuances within the report. As former [Integrity] Commissioner Donald Cameron wisely emphasized the need for caution in handling political opinions. The commissioner's role is not that — of a referee of free speech, within the code's boundaries. Recognizing that political opinions fall outside the commissioner's jurisdiction focuses on subjecting opinions to scrutiny through political debate, rather than declaring them as true or false."

It was the second code of conduct complaint against Inch to be investigated by the Integrity Commissioner's office in recent months and cost the City of North Bay nearly $4,000. In October 2023, Coun. Inch received a unanimous penalty from her colleagues — a loss of remuneration for 90 days — for multiple breaches of the municipality's code of conduct after a special integrity commissioner's report ruled Inch harassed Deputy Mayor Maggie Horsfield via email and social media posts. The first investigation's cost was pegged at more than $36,000. In 2023, the two IC investigations cost taxpayers some $40,000 combined from the City of North Bay's $75,000 annual budget.

In September 2023, Burton filed the complaint with Giorno's office over Instagram and Facebook posts made by Inch that referred to a "toxic workplace at Canadore," and another regarding the plight of international students during the housing crisis in September 2023. Burton claimed Inch's comments "were malicious, non-factual, bullying, irresponsible, and reprehensible and that they are responsible for a public backlash that is detrimental to the reputation of the Complainant and of Canadore College." The social media post below was then shared in at least one local political Facebook group:

"There’s a pattern here in town around some boards. Can you spot the common denominator? 

I’m hearing about the ongoing toxic workplace at Canadore, and how some staff have been treated bc they dared speak out. Given how they treat their own staff, their treatment of international students makes sense.

What’s gone on is/was shameful. People deserve better from their leadership. The students deserve better. Our community is full of folks who know better, the people I personally know on this board are better than this.

Can you imagine a doctor who decided to ignore his patient’s tumors? Or Police officers who didn’t respond to calls bc of personal relationships?

Asking the board members to show some courage here and fire someone. It is your LEGAL RESPONSIBILITY to ACT. If that doesn’t compel you, do it for your own integrity. Find a way folks."

"The highlighted post in this report" Inch continued, "addressed a significant issue during local and national news coverage, presenting a strong position without resorting to insults. As a councillor, my interest in a matter relevant to the community is reasonable, contributing to the conclusion that the post was appropriate. 

"I want to underscore my previous attempts to resolve this matter amicably and cost-effectively. In conclusion, I think we should draw valuable lessons from this experience and avoid unnecessary expenditures by resolving matters through adult discussions instead of the integrity commissioner."


Stu Campaigne

About the Author: Stu Campaigne

Stu Campaigne is a full-time news reporter for BayToday.ca, focusing on local politics and sharing our community's compelling human interest stories.
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