When Coun. Mike McCann was charged with impaired driving, it raised the question among many in the community about what, if anything, might happen with his council seat.
Barrie police charged the Ward 10 councillor with impaired driving and over 80 (80 milligrams of alcohol per 100 millilitres of blood) following an incident on Sept. 5. None of the allegations have been tested in court and McCann is scheduled to make a first court appearance in mid-November.
On Tuesday, McCann said he plans to contest the charges, but had no further comment while the case was before the courts.
Provincial legislation clearly states how a member of municipal council can deal with criminal charges.
Section 17(3) of the Municipal Elections Act specifically refers to a removal from office if “a person serving a sentence of imprisonment in penal or correctional institution.” However, being charged with a crime without serving a sentence of imprisonment would not result in removal from municipal office.
BarrieToday reached out to city officials and Mayor Jeff Lehman, but because the matter is before the courts, they said they could not comment.
City staff did provide sections of the Municipal Act and the Municipal Elections Act, which include rules with respect to qualification and removal from office.
In other incidents, Springwater Township Mayor Don Allen was charged with impaired and dangerous driving on Aug. 6, 2019, in connection to an event that occurred a few days earlier on June 26. Allen stayed in his position as mayor and eventually pleaded guilty to careless driving, with the other charges being dropped.
Nine years ago, a Newmarket councillor pleaded guilty to impaired driving following a crash, but refused to step down from council. Chris Emanuel had been at a restaurant opening representing the town after which the crash occurred. A fellow councillor asked him to step down, but Emanuel remained on council. He did not seek re-election, however.
In 2017, Timmins city councillor Rick Dubeau was charged with corruption of a municipal official and breach of trust by a public officer. Dubeau stayed on council as the Ward 5 representative and never took a leave of absence, even during the court proceedings. He was not re-elected in that year’s municipal election. In January 2019, the charges against Dubeau were dropped.
McCann is due to appear in court on Nov. 16.
