Ontario councillor countersues in battle over job posting recruiting specific groups
CBC
A Sarnia, Ont., city councillor has launched a countersuit against the executive director of the Sarnia-Lambton Children's Aid Society (SLCAS) after being sued for defamation over comments made about a recruiting ad for child protection workers.
Coun. Bill Dennis argues in court documents that his public comments calling the ad discriminatory and "woke craziness" were "his legal right and his sworn duty."
He says his comments were "to protect the rights of constituents" when it comes to hiring practices by government agencies.
SLCAS executive director Dawn Flegel filed a $100,000 defamation lawsuit demanding an apology and retraction from Dennis in August.
His countersuit, filed earlier this month, is seeking damages capped at $200,000 for breach of his Charter Rights, malicious prosecution and misfeasance in public office, along with a written apology.
The job ad that triggered his comments was posted in May on the SLCAS Facebook page and includes wording that the organization has used for years to encourage potential employees to apply.
"We are looking for people who identify as: Indigenous, Black, racialized, 2SLGBTQ+, billingual-French speaking to join our team," is written across the top of the post.
"At the Sarnia-Lambton Children's Aid Society, we recognize that: there is an over representation of Indigenous, Black and 2SLGBTQ+ families in the child welfare system," the poster goes on to state.
"To change how we work, we need to change who we are and how we make decisions."
Flegel said in her court filing that the job ad was created "to address the underrepresentation of the diverse populations of children and their families served by the SLCAS."
"The applications were open to anyone interested," said Flegel.
Dennis argues that his comments are not defamatory because they are protected under the Canadian Charter of Rights and Freedoms.
He also argues that since he's a councillor for a city government and Flegel is the director of a government agency "there is an additional public interest in not permitting government agencies to muzzle other government agencies and actors."