Court tosses part of ruling against Chatham-Kent councillor, orders new look at pay suspension

Court has partially overturned a pay suspension for Chatham-Kent councillor Rhonda Jubenville. CTV Windsor’s Travis Fortnum explains.

Rhonda Jubenville is calling it a win — and the court agrees, at least in part.

Two years after she was suspended from council without pay over controversial social media posts, the Chatham-Kent councillor has successfully challenged a key finding that led to the punishment.

“I’m very happy,” Jubenville told CTV News.

“I’m pleased with the decision of the judicial review... I was expecting it maybe closer to the fall… So I’m happy with the decision.”

The Divisional Court decision, released Monday, sets aside the Integrity Commissioner’s finding that Jubenville violated Section 10 of Chatham-Kent’s Code of Conduct — a clause that prohibits councillors from misusing the influence of their office.

A panel of three judges ruled it was unreasonable to suggest Jubenville broke that rule simply by continuing to speak out after council rejected her 2023 motion to limit municipal flag raisings to only national, provincial, and municipal flags.

In the court’s view, expressing dissent — even on polarizing issues — isn’t automatically improper.

“If council failed to pass a measure for a large sewer project… Does that mean a councillor is precluded from continuing to advocate for it?” the ruling asked.

“Such an interpretation is clearly unreasonable.”

Because one of the two findings of misconduct was deemed unreasonable, the court has quashed the Integrity Commissioner’s report and sent it back to be revised — along with her penalty recommendation.

The 90-day pay suspension Jubenville received in August 2023 is also quashed, and council is directed to reconsider the matter once a new version of the report is filed.

What remains intact from the original report — and unchallenged by the court — is a second breach under Section 15: Discreditable conduct.

That section requires councillors to treat others “in a civilized way and without abuse, bullying, or intimidation.”

The Integrity Commissioner found Jubenville crossed the line in several social media posts, especially given the “emotionally charged” context and her large online following.

Among the posts cited in the report: A claim that a Pride flag at a local school was flown improperly and a call for residents to contact the school; support for Norwich Township’s Pride flag ban, and commentary about a workshop preparing teachers for Drag Queen Story Time.

The court upheld the finding under Section 15, writing: “It was a decision that, based on the evidence before her, fell within the reasonable array of outcomes available to the Integrity Commissioner.”

Outside governance experts said the case should serve a wake-up call.

“I think the lessons are generally for integrity commissioners and also for elected politicians,” said Richard LeBlanc, Professor of Governance, Law and Ethics at York University.

“The code of conduct needs to be precise… And you need to confine yourself to the plain language meaning of the code.”

LeBlanc also emphasized the need for regular training.

“The clarity of the code and the process are very important because as an integrity commissioner, you really want to bulletproof yourself,” he said.

Chatham-Kent has since updated its Code of Conduct — something it’s required to do periodically — and now has a new Integrity Commissioner, though that change was not related to this case.

As of publication, the municipality had not yet provided an official comment on the court’s decision, telling CTV News it is still under legal review.

Jubenville, meanwhile, said she feels a sense of vindication.

“They found that I was predominantly successful, and I was awarded the court costs that I asked for,” she said.

“So, I would say in a nutshell, that was a win for me.”

The Ward 4 councillor said support from across the municipality — and beyond — helped carry her through what she described as a difficult two years.

“It’s given me a boost and helped me get through some of the days where I felt a little deflated,” she said.

“I’m hopeful that we can put this behind us and work together on things that are important in Chatham-Kent.”