Mayor introduces charter change motion to remove council members charged with crimes

Mayor Scott Gillingham is urging council to move forward with his plan to force a paid leave of absence on elected civic officials charged with criminal offence.

The mayor introduced a new “notice of motion” at Thursday’s city council meeting that calls on the province to change the City of Winnipeg Charter to allow the process, days after Transcona Coun. Russ Wyatt registered to run for re-election despite facing sexual assault charges.

“This is about the electorate, the people of the City of Winnipeg who elect members of council, the mayor, to public office, to serve them. There should be no distraction, there should be confidence and public trust that people of Winnipeg can have for their elected officials,” said Gillingham.

Union leaders, the mayor and some councillors have publicly urged Wyatt to step aside from his council role to deal with the charges.

Gillingham’s motion will be considered at the first regular city council meeting after the Oct. 28 municipal election.

“I want to make sure that we have the rules and the legislation in place that would strengthen democracy, give the members of the public in Winnipeg confidence that their elected officials are always held to the highest standard of accountability,” said Gillingham.

Wyatt, 56, was charged in August with sexual assault and administering a noxious substance in an October 2023 incident. He was previously charged with sexual assault and administering a noxious substance in March, based on allegations tied to a 2025 gathering.

Wyatt, who attended Thursday’s council meeting, previously said he is innocent of all charges.

He declined to answer specific questions about the allegations Thursday, though he noted he referred the motion to change the Charter rules to his lawyer.

Wyatt said he stands by his decision to run for re-election.

“It’s absolutely crucial to have a strong and independent voice, especially for a community like Transcona that often gets forgotten. We generate so much, in terms of tax dollars, for the city. We just ask for our fair share of tax dollars back. And I’ve been a strong voice for that, over and over,” he said.

The mayor’s motion calls for a paid leave of absence that would allow an elected official to keep their job while a criminal charge is before the courts.

Gillingham said those terms reflect the presumption people facing charges are innocent until proven guilty.

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 when charges are laid.

Gillingham’s proposal calls for the province to change that legislation so that a city council member charged with a criminal offence may be placed on a leave of absence from council duties, effective from the date the charge is laid until the matter is resolved.

The matter could be resolved if that person is acquitted, if their charge is withdrawn, stayed, or discharged by a court, or a conviction is set aside on appeal.

If the change is approved, two-thirds of city council would be required to vote in favour of imposing any leave of absence.

Coun. Cindy Gilroy, who seconded the motion, said the rules are similar to those already in place in many other workplaces.

“You’re not declaring that they’re not innocent, but you’re saying, while this is taking place, you are on leave. It allows you to deal with any of the charges that you have, but it also makes sure that both the public and the community (are) safe,” said Gilroy (Daniel McIntyre).

Gillingham’s motion also calls for the province to review whether people facing criminal charges should be eligible to run for elected positions within municipal governments and school boards.

If the changes are approved as is, a council member facing charges could no longer attend or participate in any council tasks, such as meetings, city committees, seminars, boards or commissions.

In August, Premier Wab Kinew said he agrees the province should look at changing the rules for elected officials facing criminal charges. Kinew said any changes to the Charter would need to be fair and respect the presumption of innocence.

This is the second time in recent years that city council has considered this course of action.

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.

Following the allegation, city officials studied the idea of implementing a forced leave of absence for council members facing certain criminal charges, including assault and sexual assault. The change was not approved, amid concerns it would conflict with the presumption of innocence.

— with files from Morgan Modjeski

joyanne.pursaga@freepress.mb.ca

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