FORT FRANCES – As part of the Municipal Elections Act, section 88.25 requires that all candidates in a municipal election must file their financial statements for public consumption. The reason for doing this is to show a level of transparency between the candidate and the public. If the financial statements reveal that a perspective candidate has business holding outside the public interest, the public should know what they are in for while voting.
For example, there might also be a conflict of interest between elected officials and business owners. Much like when Mayor Harold McQuaker failed to properly disclose a conflict of interest over a contract awarded to his son's company back in 2020.
Recently, it has come to light that McQuaker has violated the Municipal Election Acts by not having a record of his financial statements on file for the public.
According to Fort Frances Councillor Judson, “Section 88.23(1) and (2) of the MEA state that a candidate that fails to file a document required under section 88.25 by the deadline “forfeits any office to which he or she was elected” and “until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies.”
In a report released by the Returning Officer on August 12, 2022, it was revealed that of the 12 candidates who ran for mayor, councillor, and school board trustee in Emo’s 2018 election, four candidates failed to their financial reports to the returning office, one of which is the current Mayor McQuaker.
The report reads, “a financial statement was not located for this candidate. Mr. McQuakers was elected as Mayor of Council for the Township of Emo. I met with and has a discussion with him. He was unable to recall if he had filed a financial statement. There is no documentation located to show he had not filed or that default had occurred. The legislated penalty for an elected candidate failing to comply with section 88.25 of the Act is forfeiture of office.”
At this point, there is no documentation to prove whether or not McQuaker complies with the MEA.
On the one hand, McQuaker could have filed his financial statements in 2018, but due to a lack of organization in the clerk’s office as stated in the report, McQuakers statement could not be located.
On the other hand, the is no documentation and, therefore, there is no proof that McQuaker did file his financial statement. Since there is no proof that he did. McQuaker violates the MEA and should have to forfeit his seat as Mayor and should not to acclaimed as Mayor of Emo henceforth according to Judson.
“It is quite a leap of reasoning for municipal staff to conclude that because the previous clerk did not take any action against these candidates, no default under the MEA occurred. There is actually no evidence that either of these public officeholders complied with the legislation at all,” Judson’s statement reads.
Whether not McQuaker’s non-compliance with the MEA will be brought before a judge is up to an elected official of the municipality to submit a review.
