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Aylwin cleared following another integrity commissioner investigation

Complaint revolved around discussions involving projects and matters in downtown Barrie, where Aylwin's father owns a business
2019-05-13 Keenan Aylwin crop
Keenan Aylwin is the Barrie city councillor representing Ward 2. Photo supplied

Coun. Keenan Aylwin has been cleared of breaking any conflict-of-interest rules after finding himself back in front of the city's integrity commissioner.

The complaint against Aylwin, which was filed in May 2019, questioned whether the first-term councillor should be participating in discussions and voting on matters involving downtown Barrie that have a direct effect on a family member. 

The specific talks revolved around the ongoing Dunlop Street corridor improvements in downtown Barrie, where his father, Randy Aylwin, owns and operates the Grilled Cheese Social Eatery.

Also discussed were smoking regulations and funding through the Downtown Barrie BIA business association — of which Coun. Aylwin was a member at the time, but has since been removed as the city's appointee, along with Coun. Clare Riepma, following the resignation of several members — to help fund the streetscape project. 

The complaint alleged Aylwin’s father had a financial interest due to the possible benefit to be gained from the Dunlop Street corridor revitalization.

The province defines pecuniary interest as a municipal councillor potentially having financial or economic interests, and to ensure that their decisions are not influenced by those interests.

On Monday night, councillors will hear more about integrity commissioner Suzanne Craig's investigation under the city's code of conduct following the complaint against Coun. Aylwin

However, in Craig's 18-page report, which is available for viewing on the city's website, she says he "fully adhered to the rules" of the Municipal Conflict of Interest Act and the code of conduct.

"I concluded that the pecuniary interest was likely an interest in common with other electors, generally, and therefore I concluded that (Aylwin) did not violate the (Municipal Conflict of Interest Act)," Craig concluded.

The councillor says he was pleased by the decision. 

"As expected, the integrity commissioner found that I acted in an ethical and responsible manner in accordance with the rules of the (Act) and the code," Aylwin told BarrieToday. "I got elected on a promise to always put honesty and integrity ahead of political gain and I have not and will not waver from that promise."

In their official duties, councillors shall not extend preferential treatment to family members, organizations or groups in which they or their family member have a pecuniary interest, said Craig, adding she found no evidence that had occurred in this case. 

Craig received the complaint May 24, 2019, which included five pages of documentation and indicated Aylwin should not have participated in the Dunlop Street discussions.

"In my view, the complaint is neither frivolous nor vexatious, nor was it made in bad faith," Craig says in her report. "The issues raised in the complaint are important and significant and, from the complainant’s perspective, there was a real question of whether a violation had occurred. ...  The complaint has factual and legal basis."

The complaint protocol includes an opportunity for an accused councillor respond to the allegations.

In the report, Aylwin points out he addressed the issue of his father's downtown business through email correspondence with Craig on Oct. 24, 2018, the day after the municipal election in Ward 2, which includes the downtown. 

Craig also said councillors must take proactive steps to mitigate any non-pecuniary conflicts of interest — which includes seeking advice from the integrity commissioner — to maintain public confidence in the city and its elected officials.

Aylwin also noted he did that, too, through email. 

In July 2019, Aylwin recalled Craig describing "general rules" to assist councillors in making a decision on whether they have a pecuniary interest, or if the exceptions apply and they do not need to declare an interest and refrain from participating and voting on a matter before council.

In Aylwin's written response to Craig when the investigation was launched, he said "it was his understanding at the time of the decision on the Dunlop Street streetscape that it was a general project affecting all of the downtown of the City of Barrie." 

The councillor also stated that support for road and sidewalk reconstruction would not be considered a pecuniary interest.

"Therefore, I did not believe I had to declare an interest in this matter," Aylwin said. "Further it was my understanding that even if someone did perceive a potential pecuniary interest, the exceptions would apply and that I did not need to declare an interest and refrain from participating and voting on the matter before council." 

Aylwin said the matter before council "was one in which the potential for a pecuniary interest was so remote as to be insignificant."

The councillor also said he believed that, having sought Craig's advice on potential conflicts of interest on council matters that could affect his father’s business, he completed a due-diligence letter and had met his obligations under both the Municipal Conflict of Interest Act and the code of conduct.

However, Craig noted that even though Aylwin took "considerable care" in seeking guidance through her office, the due-diligence letter does not absolve a councillor from a review by the integrity commissioner.

The due-diligence letter does not waive consideration of whether someone has a pecuniary interest that requires a declaration and abstaining from a vote, she added, but rather allows the councillor to participate, while enhancing the public's trust that residents understand there may be a perceived or real pecuniary interest in matters that come before council.

Aylwin "was incorrect in his assumption that he did not have a pecuniary interest in the decisions subject of this complaint," Craig said. "However, (he) was correct in the belief that the exception would likely apply because it is a matter which affects a broad category or a 'pecuniary interest in common with other electors generally' and therefore an exception to the rule of having to declare and not participate in discussions or vote."

Craig also said Aylwin "should be commended in acting with care and diligence with a view to avoiding running afoul of the rules" contained in the Municipal Conflict of Interest Act.

While not required by law, Craig said it would be "useful" in future circumstances for council members to announce they have sought advice from the integrity commissioner on matters which could trigger the application of the Act.

This isn't the first time Aylwin has been subject to an investigation by the integrity commissioner. 

Last summer, council reprimanded Aylwin over a controversial Facebook post made in March 2019, which was directed at Barrie-Innisfil MP John Brassard and now-former Barrie-Springwater-Oro-Medonte MP Alex Nuttall.

Aylwin referenced a white-supremacist attack in New Zealand and said there are people in positions of power in Canada using racist and white-supremacist rhetoric for political gain in Canada. He urged people to make connections between that rhetoric and violence.

“We have two Conservative MPs in Barrie that have been silent on their leader’s appearance on the same stage as a neo-Nazi sympathizer, Faith Goldy, at United We Roll Rally. This is unacceptable and it is dangerous. They are playing footsies with white supremacists who have inspired violence through Yellow Vest Canada social media channels and elsewhere,” wrote Aylwin. 

Aylwin was ordered to remove the post.