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COMMENTARY: Why municipal councillors must not be above the law

It's non-partisan and it's time
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Niagara Region headquarters.

I have a varied background in advocacy and in politics. I am currently a Councillor for the Niagara Region, representing the City of St. Catharines. I ran with one thing in mind — to make it better for anyone who comes after me. The political arena is a difficult place to be, still, it can be hugely rewarding if you can draw people in with opposing views. We all know that our representation is not poised in support of equity and that makes political discourse much more difficult.

Since 2009, I have been part of a collective (of mostly women) advocating for workplace violence and harassment legislation. It’s hard to believe that this has only been law for only 14 years. Bill 168 came into force on June 15, 2010, to protect workers from violence and harassment. This was an incredible moment for survivors of violence and it was a profound shift for accountability and this legislation undoubtedly saved lives. The bill outlines stiff penalties for all employers in Ontario who fail to meet their new responsibilities and duties under the law. But there is a gap. We knew it then and we know it now: Municipally-elected officials are exempt from this law. 
There is no amount of workplace violence or harassment that could allow for a councillor to lose their seat. That speaks to the power of elected officials.

The disparity between an elected official and their staff, municipal staff or residents in the community that they serve is so significant that allowing our governments to operate this way undoubtedly serves a purpose to those with the power to change it.

This legislation is vital to the safety and well-being of those working in municipal government, and it’s vital to a healthy and democratic space for us all to continue in. We have heard in our advocacy from every party, everyone on all sides of this debate, that it needs to pass and it needs to be done so to restore integrity to the positions we hold, working on behalf of our community.

This legislation is vital to the safety and well-being of those working in municipal government

I have met with hundreds of people regarding this legislation. There is overwhelming support for our province to pass this legislation. Face-to-face, the men are supportive. At the council table or when the legislature is in session, many men are either silent or they speak ‘carefully’ about their concerns. I say ‘carefully’ because they don’t want their gentle criticisms to be taken out of context. They have real concerns. Like, how can we prevent claims made only to discredit a councillor or the ever popular frivolous and vexatious complaints?

The pendulum swings as their need to publicly oppose workplace violence and harassment legislation is the clearest evidence we can get that we are on the right track to creating the change we desperately need to see.

If we want a better democracy, we are going to have to demand it. If we want a community that represents our needs, values, and experiences, we need legislation that holds municipality-elected officials accountable for workplace violence and harassment.

Councillor Haley Bateman represents the City of St. Catharines on Niagara Regional Council.