A panel of Ontario judges heard an appeal in the case of former Elliot Lake mayor Chris Patrie on Wednesday.
Patrie was removed from office after a Jan. 9 ruling from Ontario Superior Court Justice Annalisa Rasaiah concluded that Patrie breached two sections of the Municipal Conflict of Interest Act by lobbying Elliot Lake city councillors, the mayor and staff during his previous term as a city councillor to build a $30-million sports hub across the road from the Trading Post plaza he owns.
He is disqualified from holding public office for two years.
Patrie was also ordered by Rasaiah to pay almost $90,000 in legal expenses accumulated by the city's Integrity Commissioner in his conflict of interest prosecution.
Lawyer Brian Duxbury – representing Patrie and addressing the panel of judges on Wednesday – questioned claims that Patrie was trying to benefit from having the sports hub built near his business more than other individuals who own businesses on Oakland Boulevard and other nearby areas in Elliot Lake.
“Clearly there’s a benefit to other businesses in Elliot Lake,” Duxbury said.
“I think the objective observer would consider that the Trading Post and other businesses are going to benefit to some degree, greater or lesser, depending on where the hub is. Everyone’s in for a benefit.”
Rasaiah’s ruling concluded that Patrie made inappropriate attempts to persuade fellow councillors during his last term as a councillor to vote against the city purchasing the former Algo Mall property site for the recreation hub and tried to influence city staff to recommend to council that the hub be located near the Trading Post plaza.
Rasaiah concluded that Patrie had a pecuniary interest in locating the sports hub within the 200-metre zone of convenience of the plaza he is a primaryshareholder of and in which the Trading Post is located.
“He should not be disqualified because of a potential greater benefit from the location of the hub to him,” Duxbury said.
“I submit to you that Justice Rasaiah did not do a sufficient analysis when she concludes that Councillor Patrie’s interest is different in kind than others. Respectfully, she’s wrong about that,” Duxbury told the panel.
“There was a municipal election last October and Councillor Patrie was elected mayor and we now have a situation where he’s been removed as a member of council. He’s disqualified for two years and it creates a situation that appears to be fundamentally unfair.”
“Councillors talking to councillors and their CAO out of council and lobbying, that happens eight days a week and there’s just nothing wrong with that if there’s no conflict. I think we need to be careful about the message that comes out of this case. It can frighten councillors away from being powerful advocates for things they believe in,” Duxbury said.
“How much of this is a political fight in Elliot Lake? Is the court being pulled in to declare a winner? Is there a little bit of that going on here?”
Questioning Rasaiah’s ruling, Duxbury also protested the order by Rasaiah that Patrie pay almost $90,000 in legal expenses to the Integrity Commissioner of Elliot Lake.
“You’ve disqualified him from office. His political world is ruined by this outcome and now you’re going to assess against a councillor of a small town these kinds of costs.”
Lawyers for the City of Elliot Lake defended the actions against Patrie.
“It is not fair to the thoroughness of Justice Rasaiah’s decision to say that she misapprehended evidence,” said lawyer Raivo Uukkivi.
“Mr. Patrie’s interest was different in kind to the other area businesses as he owns the plaza, operates the plaza and leases units to tenants,” Uukkivi said.
The panel of judges – led by Justice Nancy Backhouse – has reserved its decision and intends to announce it at an unspecified later date.
In regards to the financial penalties against Patrie, lawyers for the former mayor and the City of Elliot Lake announced that they agreed $12,000 would be paid to whichever side wins the appeal.
On Feb. 13, in response to a request from Patrie, another judge ordered the City of Elliot Lake not to take steps to replace him as mayor until his appeal was heard and determined by the Divisional Court.
Since that time, Elliot Lake city council meetings have been led by Councillor Andrew Wannan as the city’s acting mayor.