City wins case on committee tribunals

A judge has ruled the provincial ombudsman does not have jurisdiction to investigate closed-door meeting complaints about Hamilton committees that also function as tribunals.

The decision, emailed to councillors Monday, came in response to a council request for a judicial review of the rights of municipal committees to deliberate in private if they act as administrative tribunals.

Examples of such committees include property standards, which rules on bylaw charges contested by building owners, and election compliance which considers complaints about candidate expenses.

“The city was successful, with the court granting an order declaring that the ombudsman has no jurisdiction to investigate either committee,” city lawyer Lisa Pasternak told councillors.

She added the ruling means such committees are allowed to deliberate as tribunals in private so long as they hear from the parties first in public.

Council made the court application after Ontario’s ombudsman issued a report last year arguing Hamilton’s election compliance subcommittee broke the law by meeting privately to deliberate on an election campaign finance complaint.

Ombudsman Paul Dubé said through a spokesperson Monday he is reviewing the decision and has not yet decided whether to appeal in the 15-day window available.