A Three Rivers councillor accused of having a conflict of interest over a housing development may be cleared to continue participating in council after a legal review conducted by council found her not to be in a conflict of interest. Photo by File /The GuardianArticle contentA Three Rivers councillor accused of having a conflict of interest over a housing development may be cleared to continue participating in council, following a legal review requested by council.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentThe complaint, brought forward by resident and former town councillor Janice MacBeth, alleged Coun. Martina MacDonald should have recused herself from voting on a 40-unit housing development on Robertson Road. MacBeth claimed the councillor had personal and professional ties to the landowner and developer involved and argued this violated the town’s conflict of interest bylaw.Article contentArticle contentArticle contentLegal review findingsArticle contentThe council was split on whether MacDonald broke the rules, so it was sent to legal for review. Cox and Palmer, the legal team who reviewed the complaint, concluded that Coun. MacDonald was not in a conflict of interest. The legal opinion found no evidence of a “reasonable apprehension of bias” or any pecuniary or organizational interest.Article content“Based on our review of the circumstances, the Municipal Government Act (the Act), the bylaw, and applicable common law principles, we are of the view that Councillor MacDonald is not in a conflict of interest, nor is there evidence to support a ‘reasonable apprehension of bias’ so as to disqualify her from future discussions or decisions regarding the development,” the review document draft says.Article contentDetails of the complaintArticle contentMacBeth’s complaint centred on several points, including that MacDonald had previously sold unrelated land to the developer, Anchored Construction Inc.; that she gave a presentation on behalf of the Economic Development Committee (EDC) endorsing the Robertson Road project; and that she had allegedly helped the developer pursue funding through her position with Active Communities Development Inc. (ACDI).Article contentArticle contentMacDonald, who serves as a development officer at ACDI and is also executive director of the Rural Action Centre in Montague, acknowledged these associations during a June 9 council meeting but denied having any financial or personal stake in the project. She said the EDC presentation could have been delivered by other members and insisted that ACDI was not funding the development, though she had reached out to Kings Square Housing Co-op to explore their interest in the project.Article contentArticle contentStay informed: Don’t miss the news you need to know. Sign up for our newsletter today.Article contentArticle contentThe resulting legal opinion document said that a conflict of interest under both the Municipal Government Act and the town’s bylaw must involve a direct financial benefit or a personal interest substantial enough to influence a councillor’s impartiality.Article content“It does not appear that the councillor, a family member, or person closely connected to the councillor, has any private interest in the development that could affect the councillor’s impartiality in making decisions related to the development,” the document reads.
Legal review clears Three Rivers councillor of conflict in Robertson Road housing project vote
