Councillors seek new rules for elected officials facing serious charges

In the wake of additional criminal charges laid against Transcona Coun. Russ Wyatt, several council members say the city should explore options to impose leaves of absence on elected officials who face serious allegations in the future.

Wyatt, 56, was charged Monday with sexual assault and administering a noxious thing with intent to aggrieve or annoy in relation to an October 2023 incident. The councillor was previously charged with sexual assault and administering a noxious substance in March, based on allegations tied to a 2025 gathering.

Under the City of Winnipeg charter, a provincial law, a member of city council automatically forfeits their seat if they are convicted of certain serious criminal offences. It does not apply if they are simply charged.

Mayor Scott Gillingham and others have urged Wyatt to step away from his city hall duties voluntarily, while Gillingham has also suggested the province review the legislation.

On Wednesday, multiple councillors also called on the province to consider or impose new rules.

“It should be legislated that … if an elected official has criminal charges against them, they should be required to take a leave of absence with pay until it’s resolved,” said Coun. Janice Lukes (Waverley West), adding that measure should not require a city council vote.

Presently, city council members can continue to work with the public in such cases, which can create distractions and discomfort, said Lukes.

In April, city council voted to remove Wyatt from seven committees and boards. He remained an active member of council and the East Kildonan-Transcona community committee. A civic bylaw requires councillors to represent their wards on community committees.

Coun. Cindy Gilroy (Daniel McIntyre) called the new charges “very concerning.” She wants city council to gain the power to suspend elected officials facing criminal charges in the future.

“I think that everyone agrees that somebody is presumed innocent until proven guilty. That is not the debate. (This is about) making sure that we’re following the same guidelines that are out there (in) … any other workplace where somebody would be put on a leave until (the allegations are) dealt with in the court system,” said Gilroy. “It’s making sure that people in an elected position are held to the same standards as (others).”

Coun. Markus Chambers (St. Norbert-Seine River) would also like to explore changes that would allow a suspension or leave when someone faces criminal charges.

“Any time you have a situation as serious as this, it can be a source of distraction to the rest of us. While (people are) innocent until proven guilty, it is a matter of doing the right thing, stepping back, dealing with the matter and then, depending on the outcome, you either return or you don’t … (It should) start out with a suspension and then, depending on how the matter resolves, it could be removal from office,” said Chambers.

Coun. Evan Duncan (Charleswood-Tuxedo-Westwood) wants the city to seek a provincial review of the current charter rules.

“This erodes the confidence of the public, having an elected official with current charges still be able to make decisions that could affect the entire city,” said Duncan. “At the end of the day, there needs to be a higher standard for elected officials.”

Coun. Jeff Browaty (North Kildonan) did not comment on Wyatt’s specific situation but thinks a provincewide evaluation should be completed on how elected officials can participate in municipal governments while they face criminal charges.

“I think taking a look at what’s done in other jurisdictions makes sense … just for the public confidence in the elected bodies that represent them,” said Browaty.

He stressed any changes must not conflict with the presumption that all people charged with criminal offences are innocent unless proven guilty in court.

“That’s a key tenant of our criminal justice system so that’s why it wouldn’t be an automatic removal when there are charges. Depending on the severity of them, a temporary suspension (could) be warranted,” said Browaty.

Coun. Matt Allard (St. Boniface) also declined to weigh in on any specific case. He said the province should consider letting the city’s integrity commissioner recommend a range of potential sanctions to city council to consider when elected officials are charged with criminal offences, including required leaves of absence.

“You would want the integrity commissioner to evaluate, in an impartial way, the behaviour of city councillors so that the politics of the day and the personalities of the day (would not be) part of the consideration,” said Allard.

In an email, Coun. Devi Sharma (Old Kildonan) called for the provincial government to review the current rules.

“As members of council, we have a responsibility to uphold the public’s trust and to ensure that the city’s work continues with professionalism, respect and accountability,” wrote Sharma.

The mayor was not available for an interview Wednesday.

In a brief statement Wednesday evening, a provincial government spokesperson indicated the province would consider the requests to review the rules.

“These charges are extremely concerning. We are always open to evaluating potential changes to the charter in the future,” the statement said.

Lawyer Evan Roitenberg, who represents Wyatt, declined comment Wednesday. On Tuesday, Roitenberg told the Free Press Wyatt is innocent.

Wyatt was previously charged with sexual assault in 2018, after a woman told police he had attacked her in his home. That charge was later stayed.

The councillor did not respond to a request for comment Wednesday. He has proclaimed his innocence on all previous charges.

The East Kildonan-Transcona community committee is slated to meet Thursday, though it’s not clear if the Transcona councillor will attend.

Wyatt has not announced if he will run in the city’s Oct. 28 election.

joyanne.pursaga@freepress.mb.ca

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