Inconsistencies: Councillor Allaire – Accountability

Accountability seemed to be the basis for Councillor Allaire’s motion to seek a draft policy requiring a report following attendance at conferences, conventions, or similar events during the February 9 meeting.

Why now?

Accountability always gets mentioned during an election campaign.

Allaire has already declared she will run again as a candidate in the upcoming election to be held October 26.

Any member could’ve voluntarily given a written or verbal report any time during the last three years and two months.

Any member could’ve posted a report on social media, a tool used extensively by some.

Council’s first Accountability and Transparency policy was passed on November 25, 2019, as mandated by the province.

The policy was updated and presented in an annual report to council on December 16, 2024 – two years into this council’s term.

Councillor Allaire was the first to move the policy BE AMENDED in accordance with the November 26 report titled Annual Policy Report 2024.

The report noted, “there were no alterations to the policy’s core content.”

“Council and Staff are committed to practicing open and proactive communications and involving the community, business sector, developers, public partners and other in the ongoing work of the Town,” states section 6.8 of the policy.

I attempted to hold Allaire accountable for her April 14, 2025 statements about the library.

I asked her if she would explain how this library is not accessible; if this was just her opinion, or if she obtaIned an expert opinion; if she could cite an authority for her statement or a basis, and who is the ‘we?’

I followed up several times, but Allaire did not respond.

During the April 29 council meeting, Allaire asked for a bit more transparency.

Allaire mentioned more transparency again at the May 12 meeting, “which is what I would love,” she said.

In June, I emailed her some of her statements about transparency at meetings: “I’m genuinely asking for a bit more transparency in adding it to our social media” and “I feel that the transparency was limited recently, and I think that that’s what the public really wants” and “I actually appreciate the fact that it keeps some sort of transparency.”

A policy requiring reporting back after conferences might be just another document that gives the appearance of accountability.

People will continue to wonder if a commitment to accountability and transparency is credible until accountability measures are consistently utilized.

Inconsistent Procedural Bylaw Application

As a delegate denied speaking to the January meeting, I’m concerned about the application of the procedural by-law.

Kurt Reffle’s November delegation was deemed appropriate, while January delegates’ requests were in order but for a future date. 

The committee was informed both must be true: there would have to be a report or by-law before the body and there would have to be an action or recommendation.

Yet administration approved Reffle’s delegation when neither was true. Admin confirmed the November brainstorming session.

The CAO advised me his delegation was pertinent to an agenda item as the committee was discussing its work plan for the following year and he had ideas regarding that which he shared with the Committee.

Reffle’s delegate application noted the item was not on the agenda, although he was to speak to item three, not item one – the work plan. The minutes also note he spoke to item three.

The Deputy CAO mentioned delegates could speak at a future meeting, but they wouldn’t be allowed to address town council on the same issue.

The procedural by-law does not contain a clause stipulating this exclusionary practice.

Specifically, the by-law states, “Delegations appearing before Council, who have previously appeared before Council on the same subject matter, shall be limited to providing only new information in any subsequent delegation request.”

Reffle spoke over 11 minutes uninterrupted. Although staff was in the room, and could’ve announced the time, the CAO advised me the chair was on zoom and didn’t receive the staff’s email in time.

Delegates have been allowed to exceed the time limit four times since 2022.

Since committees are mentioned 45 times in the by-law, including in the ‘Delegations’ section, it equally applies to committee meetings.

The inconsistent application of the procedural by-law validates concerns of inequitable practices.

Delegates Exceeded Five Minute Limit A Few Times

The reality is that some people receive preferential treatment and no one should be surprised by complaints of favouritism. There might be more instances, but these four stand out.

March 14, 2022: The Amherstburg Soccer Club’s delegation to council was 18 minutes, followed by a 48 minute question and answer session with members of council and staff for a total of 66 minutes.

April 22, 2023: Linda DiPasquale, Amherstburg Pickleball Association, spoke for 8 minutes and 40 seconds. At no time did mayor Prue stop her after the procedural by-law mandatory 5 minute limit and ask for a motion to continue as required.

January 15, 2026: Kurt Reffle spoke to the Economic Development Advisory Committee for about 11 minutes and 12 seconds; only then did Chair Patricia Simone say his five minute speaking limit was up.

January 20, 2026: WEBC spoke for almost seven minutes without interruption at the mandatory five minute limit.

CAO Explains Inconsistent Delegate Treatment

Kurt Reffle’s presentation of just over 11 minutes, uninterrupted, was well received by the Economic Development Committee; he had ideas for Murray Street.

For 35 years I’ve shared ideas on how the town could become disability inclusive but I’ve been ignored and had to resort to litigation.

I asked CAO Critchley for an explanation for the preferential treatment of Kurt Reffle’s November 2025 delegation.

UPDATE: “With respect to Mr. Reffle’s delegation, the Chair was attending remotely and did not see the email from the Policy & Committee Co-ordinator alerting her that the delegate was “at time”. In any event, an extension would have been allowed after 5 minutes for a further 5 minutes and so the result of this innocent error was a 1 minute overage on the delegation time,” stated CAO Critchley in an email response.

(Maybe the policy and committee co-ordinator could’ve just spoken aloud at the five minute mark or used the gavel like Prue).

“Further, the delegation was pertinent to an agenda item as the Committee was discussing its work plan for the following year and the delegate had ideas regarding that which he shared with the Committee,” emailed Critchley.

(Then why inform a delegate’s request to speak to the committee on November 15, the “item…for discussion purposes is drawn from the Committees future work plan, and not something that is before the body at this time to make any determinations?”)

Allowing a delegate to speak to something other than a report or by-law on the agenda is a blatant breach of the procedural by-law but still a precedent.

Related:

ALL Delegates Deserve The Royal Treatment,

Delegations Discouraged At This Time – Murray Street Closure Concept.

Reffle’s delegation request form stated the item was not on the agenda, contrary to the town’s procedural by-law. (He was speaking about Murray Street).

Inconsistent Delegate Treatment

THEN: As noted in ALL Delegates Deserve The Royal Treatment, Kurt Reffle spoke to the Economic Development Advisory Committee for about 11 minutes and 12 seconds; only then did Chair Patricia Simone say his five minute speaking limit was up.

Also, Reffle’s delegation request form stated the item was not on the agenda, contrary to the town’s procedural by-law. (He was speaking about Murray Street).

Reffle delegated because ‘after the heritage district was created and you were looking for ideas I said, well, I’m coming.’

NOW: “Should you wish you delegate regarding the merits of closing Murray Street, the appropriate time would be when this report is completed and presented to the Economic Development Advisory Committee for discussion.”

Read the full response from admin: Delegations Discouraged At This Time – Murray Street Closure Concept

Inconsistencies: Councillor Allaire – Transparency

Elected officials should be held accountable for statements, actions, and decisions made on behalf of the community. Amherstburg’s Code of Conduct Definitions include: Transparency in government implies openness, accountability and honesty.

During the April 14 council meeting, Councillor Allaire said she would like the library to have a new place ‘that’s accessible’ and our library service is small and ‘not as accessible as we want it to be,’ and ‘its challenges are inaccessibility.’ 

Unanswered questions: Would you please explain how this library is not accessible? Is this just your opinion? Or did you obtain an expert opinion? Can you cite an authority for your statement or a basis? And who is we? Are you referring to any standard regarding what you want it to be? Emailed April 15, followed up April 18 and 21.

During the April 29 council meeting, Allaire asked for a bit more transparency; she also mentioned more transparency, “which is what I would love,” at the May 12 meeting.

On June 14, I emailed Allaire that I believed she was not being transparent about her library accessibility issue statements. I reminded her that I emailed a couple of times but that she ignored my questions. I also quoted some of her statements about transparency at meetings: “I’m genuinely asking for a bit more transparency in adding it to our social media” and “I feel that the transparency was limited recently, and I think that that’s what the public really wants” and “I actually appreciate the fact that it keeps some sort of transparency.”

20 Year AODA Anniversary – Barriers In The Burg

Then-MPP Michael Prue stood in the Ontario Legislature twenty years ago today, on May 10, 2005, where the historic Accessibility for Ontarians with Disabilities Act (AODA) unanimously passed. Watch the moment at about 4:26 into the video.

As Mayor, during a May 23, 2023 Amherstburg Council Meeting, Prue declared we have not brought it into force. Listen to the audio.

Unofficial transcript: 2025 we’re going to have to make everything accessible in this town, that’s the law. I was in the legislature 20 something years ago, and I spoke to this issue when the bill was presented in the legislature, and I scoffed at them. I scoffed at the liberals who were standing up waving this piece of paper around, saying we’re going to be accessible, because it could take 25 years to bring it into force. Well, in this town, we have not brought it into force. 

When the first dog park opened in Amherstburg, Prue was quoted as saying, it ‘reflects our commitment to creating a vibrant and inclusive community for all residents, including our beloved canine companions.’

During a January 27, 2025 council meeting, Prue referenced the AODA and said, ‘this town has not been compliant. And I have promised, as mayor, and the council has promised, that we will hence for, hence forward, going forward, always be AOD compliant. And I want people to know that the those who have disabilities have every right to use every one of the services in this town, the same as everyone else.’

For as long as barriers exist, and they do, no one should claim we are an inclusive community. It takes strong leadership and a strong commitment to remove the barriers and keep promises.

Inconsistencies: Meeting Notices

On July 25, I emailed council and CAO Critchley, today’s calendar listing includes the accessibility advisory committee meeting with no agenda link and no notice of cancellation. as you can see from the attached screen shot, it states the event has already occurred. would someone please advise if the meeting will be held?

Critchley replied, The calendar module has a known issue with the statement “the event has already occurred.” We have opened a service ticket with our provider. 

The meeting was tentatively scheduled and has been cancelled, the next meeting will be the fourth Thursday in August, August 22nd. The change has been noted on the page to reflect this cancellation. 

Anyone with interest in staying up-to-date for Town meetings can subscribe at: https://calendar.amherstburg.ca/council/Subscription to receive notifications as they are provided.

And I answered, Thanks. I already subscribe but received no cancellation notice. 

Inconsistencies: Deputy Mayor Gibb On Social Justice Issue

On June 25, 2024, during discussion of the Transit Service Agreement Renewal, Gibb said he thinks the other big thing that they’re not talking about is this is really a social justice issue. He continued that there’s a lot of people who can’t afford transportation or reliable personal transportation so he thinks this is a good deal for the people of Amherstburg; it’s the right thing to do so he’ll definitely be supporting it.

When I delegated on March 25, 2024 regarding OPEN AIR I stated, in part, ‘A Divisional Court affirmed that the AODA is “social justice legislation” that is meant to redress a history of discriminatory exclusions by identifying, removing and preventing barriers to participation in society.’ I requested council prioritize a commitment to the principles of governing legislation and ensure everyone is welcome to equally participate in our public spaces.

The number 1 complaint about Open Air is accessibility and Gibb stated on am800 that Open Air is accessible so we just want to invite all of Windsor and Essex County to come out to Amherstburg and get together and have a great time.

But not everyone can participate. Merry go round.

Thank Me, Blame Council!

I had been emailing council members since February and urging them to update the procedural by-law and at no point did anyone mention that a review was underway. In September I asked on what date did members of council give direction to admin to update the by-law?

CAO Critchley answered – August 14, 2023. Technically, that was the day council rubber-stamped the by-law so neither council nor the public had any input, unlike other municipalities. As an example, Port Hope where ‘staff will work with all members of Council to gather their individual input on meeting processes and specific elements of the procedural by-law to ensure the recommended draft by-law is reflective of all points of view on Council.’

When I requested an explanation for missing speaking notes from two October 10 delegates, Critchley answered that ‘Both delegates have indicated that they did not have additional materials to provide and both met the requirements of section 9.4 of the Town’s Procedural By-law. While we certainly welcome delegates to share additional information that they may have in advance, if the requirements of the procedural by-law have been met then the Clerk is required to register the delegation.

It wasn’t just my concern. I shared the Centre For Free Expression’s response with council:

I have never heard of a municipality requiring the delegation speaker’s notes, much less the text of the speech, to be submitted ahead of the event. And, I have never heard of a requirement for a copy of the notes or speech text to be submitted with the application to appear. Sometimes when I appear before parliamentary bodies they request a copy of my submission ahead of time so they can distribute it to the committee members and, where there is simultaneous translation, to give a copy to the translators so as to help them. But, this is only after I have been accepted as a speaker and it is not a requirement.
While I feel it is both wrong and bad practice for your municipal council to do as yours is doing, it is not illegal to the best of my knowledge. It is something that should be fought in the court of public opinion.

ames L. TurkDirector, Centre for Free Expression
The Creative School
Toronto Metropolitan University (formerly Ryerson University)

It also wasn’t my only concern. On several occasions I shared my concerns regarding accommodations for persons with disabilities who were unable to be attend meetings and I mentioned comparator municipalities. Ironically, council has considered comparators for staff wages, budgets, and recommending removing the cheque registry from the agenda. Two more inconsistencies.

My comparator chart was attached to the agenda.

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