$95,000 paid to lawyer who tried to influence probe

Niagara Region paid more than $95,000 for the lawyer who the Ontario Ombudsman says attempted to influence his investigation into the illegal seizure of a journalist’s computer and notes by the municipality.

The Standard has learned the total cost paid to the Toronto firm of Norton Rose Fulbright, whose lawyer Jennifer Teskey represented the Region during Ombudsman Paul Dube’s investigation, was $95,164.37 for work done between Jan. 4 and May 31.

Teskey was selected to represent the Region by chief administrative officer Carmen D’Angelo after Dube launched his probe into the incidents of the Dec. 7, 2017, council meeting.

In addition to the Region seizing his computer and notes, Standard journalist Bill Sawchuk was ejected from the building. The Region also confiscated the digital recorder of blogger Preston Haskell.

In his report, Dube found the Region’s actions — which were led by D’Angelo and Regional Chair Alan Caslin — were “unreasonable, unjust, wrong and contrary to law.”

The report, titled Press Pause, made 14 recommendations that included the Region making a public apology in open council to Sawchuk and Haskell. Caslin made that apology Thursday night.

Council also passed a motion that will see the Region’s apology be provided in writing, as well a motion adopting some of Dube’s recommendations regarding council procedures.

Dube wrote that Teskey, who was hired to represent the Region because the municipality’s lawyer was a witness to the events of Dec. 7, tried to manipulate the outcome of his investigation.

Dube said Caslin “pledged full co-operation with this investigation but the Region’s external counsel, ostensibly on behalf of their client, attempted through its response to influence our investigative process, challenge our well-established statutory authority and dictate the content of my report.”

When the Ombudsman does an investigation, a draft report is sent to the municipality under investigation and invited to provide feedback before the final report is published. In most cases, municipal councils meet to discuss the recommendations and provide a response.

Niagara’s regional council did not meet or provide a response.

The only response Dube got was from Teskey, whose liaisons

with the Region were D’Angelo and legal director Donna Gibbs.

Dube wrote that Teskey’s responses were adversarial and betrayed “a disturbing lack of understanding of my office and its authority.”

Her responses were flatly contradicted by police, regional staff, and the Standard reporter, as well as photographic, audio and video evidence.

He wrote that Teskey said police officers called in to remove Standard reporter Bill Sawchuk were standing 10 to 15 feet away from his conversation with general manager Chris Carter.

The report says the lawyer claimed a security guard wasn’t present in chambers when he was, that D’Angelo didn’t order staff to confiscate devices when he did, that the Region’s doors automatically lock when they don’t, and that police directed regional staff on how to handle those devices when they didn’t.

During Thursday’s council meeting, several councillors asked who directed Teskey to provide those responses. D’Angelo and Gibbs said they were the only staff talking to Teskey. However, further discussion about the issue was moved behind closed doors. Council voted to release memos from Dube and Teskey to the public provided both parties agreed.