The former mayor of Côte-des-Neiges–Notre-Dame-de-Grâce, Sue Montgomery, succeeded in having two judgments of the Commission municipale du Québec (CMQ) overturned after a trial before the Superior Court, which also deplored the CMQ’s lack of “independence” with the City of Montreal.
” I am very happy. Unfortunately, it comes a little too late for the elections [municipales]. But I’m very happy, not just for me, but for democracy in Quebec and Montreal,” said the Duty Saturday morning the former elected independent, who was defeated in her borough on November 7 by the candidate of Projet Montréal, Gracia Kasoki Katahwa.
For two years, the rag has been burning between the City and the former borough mayor. In February 2020, a press release announced that Comptroller General Alain Bond was filing a complaint against the CMQ because Ms. Montgomery refused to fire his chief of staff following allegations of harassment detailed in a confidential investigation report. However, Ms. Montgomery refused to sanction her employee without having access to the details of this report, which she was only able to consult in December 2020, after winning a round before the Superior Court.
“The Tribunal is having trouble imagining the legal consequences of the employee contesting his dismissal. The employer would testify that he dismissed his employee; questioned about the reasons, he would have no idea, ”imaged Friday the judge Alexander Pless, of the Superior Court, in a decision of 38 pages.
The Commission subsequently upheld 11 breaches of the Code of Ethics and Conduct for City Council members against Ms. Montgomery last summer, which earned her a 120-day suspension at the end of July. However, this was almost immediately put on ice by the courts, in the context of the municipal election campaign which was then getting under way.
Ms. Montgomery no longer being an elected municipal official, this suspension could appear to be theoretical to date. Judge Alexander Pless nevertheless notes that this judgment of the CMQ constitutes a serious attack on the reputation of the former elected municipal official. “The decision is therefore not theoretical, at least with regard to the reputation of Ms. Montgomery”, underlines the magistrate, who also notes that several of the breaches which were alleged by the CMQ against Ms. Montgomery were “unreasonable”.
“I suffered insults. There are people who have closed their doors in my face. It was extremely difficult for me, ”drops Sue Montgomery, when she recalls a difficult municipal campaign. “I knew I was right, but it was impossible to restore public confidence”, sighs the one who does not know at this stage if she intends to relaunch in municipal politics one day.
Lack of independence
The judge also noted that the CMQ’s Litigation and Investigations Department “did not respect its obligation of independence” in this case, by collaborating “closely” with the City in its proceedings against Ms. Montgomery. .
“Indeed, the Litigation and Investigations Department behaved in a way that would lead a reasonable observer to conclude that the City exercised influence on the Commission and that they acted in close collaboration,” recalls the judge. , who qualifies this situation as “problematic”. The two parties would have collaborated in particular in anticipation of the filing of a citation in municipal ethics before the Commission on March 31, 2020.
“A reasonable observer would conclude that the Litigation and Investigations Branch has exposed itself to the influence of the City. The Court cannot condone such conduct,” ruled the Superior Court judge.
“In the circumstances of this case, including the breaches of procedural fairness that cannot be remedied by a rehearing, as well as the fact that the sentence cannot be served given the expiry of Ms. Montgomery’s term, there is instead of simply overturning the decisions, ”concludes the magistrate.
Judge Alexander Pless thus granted the appeal for judicial review of the former elected municipal official, in addition to annulling two decisions rendered by the CMQ, including the one condemning Ms. Montgomery for 11 breaches of ethics.
Joined by The duty, the office of the mayor of Montreal and the CMQ declined to comment on the matter. It is therefore unknown for the moment whether the CMQ will appeal this judgment.
In the meantime, Ms. Montgomery hopes that this Superior Court decision will help strengthen her case against Mayor Valérie Plante, from whom she is claiming $120,000 in defamation for comments made by the Mayor of Montreal about her in recent years. .