A northwestern Ontario councilor who was reprimanded for social media comments that some believed were about a deceased person has been awarded $35,000 in small claims court for defamation.
Council of Dryden. Rich was Noel Removed from city council in June After he commented on a post in the private Facebook group Dryden Crime Report.
The post refers to a man who was allegedly looking into people's yards and vehicles. One comment on the post read: “McBurglar is back in town, lock your cars.”
Noel, who is a paralegal, responded to the comment, saying: “Not anymore haha.” Some people linked that reference to the fact that the person in question had died, something Noel denied.
The city of Dryden confirmed that the person mentioned in the Facebook post is a member of the Eagle Lake First Nation, an Ojibway community 25 kilometers southwest of Dryden that is part of Treaty 3.
Dryden Mayor Jack Harrison on June 19 A statement was released in response to Noel's comments. At the time this article was published, the statement was still on the city's website.
The publication represents that the Plaintiff is racist and/or offensive to an Aboriginal person or persons.– Associate Justice Kevin G. Cleghorn
“Council members are held to high standards and must be role models for respect and compassion in every engagement, in person or online,” the statement said. “It is deeply upsetting that these recent comments reflect poorly on this council and the city, and we remain committed to doing everything we can to fulfill the commitments this community made when they elected us to office.”
As a result, Noel sought damages in small claims court against Harrison and the city of Dryden, alleging that the June 19 statement was defamatory.
Deputy Superior Court Judge Kevin G. Cleghorn issued the restitution order after a teleconference hearing Thursday.
The order, obtained by CBC News, states, “The publication is highly harmful, damaging and/or inflammatory to the plaintiff's (Noel) role in his community as a politician and/or as a legal professional.” indicates yes.”
Cleghorn determined that Harrison and the city of Dryden should pay Noel $35,000 in damages. Noel was also awarded $5,000.
“My damages are more than the small claims court would award, but I feel that today's court decision vindicates my position and is the first step in clearing my good name,” Noel said in a media release issued by his attorney, Robert. said in a media release. Sinding.
“Once some citizens misinterpreted my comments, the city got some sense to jump on the bandwagon and throw me out with their hurtful words and actions.”
Neither Harrison nor the city filed a defense in the lawsuit, according to court documents.
CBC News has reached out to the city and mayor for comment. This story will be updated as feedback is received.
The integrity commissioner's report is awaited
In his media release, Sinding, based in Imoco township, said: “Mr. Noel alleged in his statement of claim that the mayor and the city have maliciously attacked Mr. Noel as a city councilor, paralegal and long-time most important. Well-known contributor Dryden community member: his reputation — and his family.
“The statement of claim alleges that the mayor and city's press release was purely political, completely unnecessary and that the comments had nothing to do with the recently deceased Aboriginal man.
“Rather, the statement of claim alleges that Mr. Noel was commenting that there was one less thief to beware of because he had just seen someone arrested for an apparent theft, the person he thought was being referred to by others in the Facebook group — not the dead woman. Sinding's statement added.
The statement of claim also alleges that Harrison violated the Municipal Act by seeking a review of Noel's conduct by the city's integrity commissioner. Cleghorn did not refer to the charges related to the Municipal Act in his order Thursday.
Integrity Commissioner No report has yet been published on Noel's conduct.
