Whitby Town Council. Regional Councillor Chris Leahy is top row, second from the left
A Whitby councillor’s attempt to stop companies that hire temporary foreign workers from getting municipal contracts was deemed out of order by the council. This move was dismissed as a way to “generate outrage, headlines, and social media engagement” by an observer and was also ruled a violation of the Ontario Human Rights code after the town sought legal advice.
Councillor Chris Leahy had requested staff on Feb. 20 to look into changing the town’s purchasing bylaw to prevent awarding supply and service contracts to firms involved in the federal Temporary Foreign Worker Program.
The motion was declared out of order, leading the council to request a legal opinion.
On Monday, when another motion from Leahy aimed at urging the federal government to remove Prince Andrew from his position in the line of succession was also ruled out of order, council agreed to waive its usual ban on discussing legal matters and release the legal opinion (and its cost) provided by Jason Reynar from Toronto law firm Lerners LLP.
Reynar stated in his submission that the motion would be unconstitutional as it violates the Ontario Human Rights Code which prohibits discrimination in contracts based on citizenship.
“Discriminatory barriers may arise due to policies that seem neutral – like reducing unemployment – but have unintended negative impacts on people identified by prohibited grounds of discrimination, such as place of origin or citizenship,” Reynar explained in his submission.
Banning businesses from bidding for town contracts based solely on their workers’ non-citizenship or permanent residency status would be ‘discriminatory’ against temporary foreign workers “who already face significant challenges,” he added.
Moreover, the Charter protects temporary foreign workers from discrimination by municipal governments.
Chris Leahy
The Discriminatory Business Practices Act prohibits discrimination, with Reynar highlighting that this act aims to prevent discrimination based on nationality, place of origin, geographical location, among other factors for those employed in or engaging in business. “The town’s procurement policy acknowledges this statute under ‘No Local Preference.’”
This motion contradicts what the town’s Procurement Policy stands for:
Encourages open, fair, and transparent competitive procurement processes that afford equitable access to all qualified suppliers Provides objective, fair and equitable treatment of all suppliers and bidders Adheres to high ethical standards and protects both the integrity of the Town and public interest Promotes responsible management of public funds, finances, and assets Strives for best value when procuring goods and services; encouraging competition while considering sustainability and quality at reasonable prices Ensures reciprocal non-discrimination and geographic neutrality regarding trading partners according to trade agreement obligations Complies with all applicable legislation including Accessibility for Ontarians with Disabilities Act 2005, Municipal Freedom of Information Protection Privacy Act, and Ontario Human Rights Code.
“Each of those principles could potentially be violated if we followed through with what’s proposed in this motion,” Reynar said. He added that excluding businesses participating actively in this program reduces competition which “could lead us to pay more for goods and services than necessary. That wouldn’t align with prudent financial management.”
The principle of ‘paramountcy’ would also stop a municipal by-law from interfering with federal immigration purpose and authority he noted.
“Additionally,” he pointed out,“there are probably better ways without causing harm to achieve goals like supporting economic development or lowering unemployment.”
Reynar mentioned there could also be risk management issues when implementing such an approach. “How would you audit bidders who say they aren’t involved in TFW program? How do you monitor their status throughout contract duration? What penalties would exist if someone breaks this rule? How would privacy concerns regarding TFWs be addressed? And how many TFWs count as ‘active participation’? Since TFWs are only allowed where they don’t negatively impact labor markets-what happens if no companies can bid because they can’t find non-TFW employees?”
Whitby resident John Christopher questioned Leahy’s motives behind presenting this motion suggesting it seemed more about political show than real substance.
“If these motions can’t legally go through a municipal council then why propose them at all? The answer seems pretty clear,” Christopher commented on Whitby Community News Facebook page. “These issues aim at provoking strong emotional responses. Topics like Jeffrey Epstein or foreign worker controversies create outrage alongside headlines while drawing social media attention.”
“So when this motion came before council it wasn’t debated or voted on-it wasn’t even read since it has nothing relevant concerning municipal governance,” he remarked. “It allows a politician appear like they’re taking a stand without doing any tough governing work.”
Whitby councillors Chris Leahy and Steve Yamada
Whitby Mayor Elizabeth Roy mentioned making “responsible decisions” during council meetings means carefully considering whether motions are appropriate legally before proposing them.
“Unfortunately we’ve seen several recent situations where motions clearly fall outside our jurisdiction or raise serious legal concerns. Given how important this matter is-town staff thought it right seeking external legal advice for protecting municipality interests-and that costs taxpayers money. I urge members here ensure their proposed motions are well-thought-out within Whitby’s authority while consulting staff if uncertain about legality-we should focus only upon issues we oversee affecting residents’ lives meaningfully.”
Leahy along with fellow councillor Steve Yamada have filed a claim against town officials including Mayor Elizabeth Roy alleging “anti-Asian bias” regarding treatment towards Yamada during his brief time as Deputy Mayor back in 2024.
The estimated cost range for Reynar’s opinion related specifically towards Leahy’s proposal falls between $6K-$10K; meanwhile costs accumulated over nearly two years disputing claims between Yamada/Leahy/town reach around $100K already.
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Whitby councillors Chris Leahy and Steve Yamada
Whitby Mayor Elizabeth Roy mentioned making “responsible decisions” during council meetings means carefully considering whether motions are appropriate legally before proposing them.
“Unfortunately we’ve seen several recent situations where motions clearly fall outside our jurisdiction or raise serious legal concerns. Given how important this matter is-town staff thought it right seeking external legal advice for protecting municipality interests-and that costs taxpayers money. I urge members here ensure their proposed motions are well-thought-out within Whitby’s authority while consulting staff if uncertain about legality-we should focus only upon issues we oversee affecting residents’ lives meaningfully.”
Leahy along with fellow councillor Steve Yamada have filed a claim against town officials including Mayor Elizabeth Roy alleging “anti-Asian bias” regarding treatment towards Yamada during his brief time as Deputy Mayor back in 2024.
The estimated cost range for Reynar’s opinion related specifically towards Leahy’s proposal falls between $6K-$10K; meanwhile costs accumulated over nearly two years disputing claims between Yamada/Leahy/town reach around $100K already.
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Last 30 Days: 51,254 Votes
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