Clr Cameron Kroetsch Violated Code of Conduct: Integrity Commissioner

Ward 2 Councillor Cameron Kroetsch should’ve formally disclosed his relationships with two lawyers representing litigants against the City of Hamilton, says Hamilton’s Integrity Commissioner David Boghosian.

In a 45-paragraph report, Boghosian states Kroetsch’s relations constitute a non-disqualifying interest that needed to be disclosed and included in the City’s conflict of interest registry.

“I find that Cllr. Kroetsch had a non-disqualifying interest in relation to decisions about the Encampment Litigation that he should have disclosed,” Boghosian writes.

Kroetsch has a long-standing friendship with Ashley Wilson. They have known each other for over a decade and have been involved in campaigns together (including Kroetsch’s election campaign). Wilson represented Kroetsch as legal counsel while employed in private practice.

[Boghosian notes the legal relationship ended when Wilson took a counsel position at the Hamilton legal clinic.]

Lawyer Wade Poziomka is providing Kroetsch pro-bono legal representation regarding an ongoing Police Board matter. [Kroetsch is subject to a compliant relating to his service on the Police Board.]

Poziomka provided pro bono representation for Kroetsch before he was elected to Council.

Poziomka was one of the counsel in the unsuccessful Charter challenge against the City of Hamilton’s parks bylaw. Wilson “also appeared as either counsel or agent for counsel” in the litigation while employed as an associate lawyer with Poziomka’s firm.

Boghosian has determined this created a requirement for Kroetsch to disclose his relationship when Council debated the encampment litigation. Boghosian

“In any case, a [sic] believe that a reasonable person fully informed of the facts would conclude that both Wilson and Poziomka had an interest in a favourable outcome of the Encampment Litigation, of which Cllr. Kroetsch would have been aware of,” Boghosian writes.

“A reasonable, fully informed person would be aware that, even before he became a councillor, Cllr. Kroetsch was a strong supporter of the rights of homeless persons, including their right to camp in City parks in the absence of what he felt were reasonable alternatives. I have no doubt that a reasonable, fully informed person would not conclude that Cllr. Kroetsch’s voting on the Encampment Litigation was motivated by the ‘closeness’ of his relationship with either of the two lawyers or that he could not effectively carry out his public duty in relation to that litigation with impartiality on account of these relationships.”

Kroetsch responded to the report on social media, writing:

The complaint, which I’ve made public, alleged a number of serious violations of
Council’s Code of Conduct based on my personal and professional relationship with
Ashley Wilson (she’s a friend and has represented me in a legal proceeding) and my
professional relationship and acquaintance with Wade Poziomka (he has represented
me in legal proceedings and we’ve met each other while engaged in community work).

The Integrity Commissioner dismissed all of the concerns raised by the complainant, but
ruled that I had a non-disqualifying conflict of interest because of my relationships with
these lawyers.

The Integrity Commissioner also ruled I was perfectly within my rights to participate in
the motions and votes under question, but I needed to let Council know about these
specific relationships by submitting formal paperwork to that effect.

As anyone who has followed me on social media knows, I have never hidden the fact
that I have a personal and professional relationship with Ashley Wilson or a professional
relationship and acquaintance with Wade Poziomka. I have also been clear, before the
encampment litigation began, about where I stand when it comes to encampments in
Hamilton – no one thinks encampments are the solution but all Hamiltonians, including
all those I represent, have the same rights under the law and those rights should be
protected.

I stand by the statements I’ve made in public, for years, and have not wavered in my
commitment to social justice and human rights. The Integrity Commissioner agreed I
had been transparent about this and there was no question about where I stood. He
concluded that my relationships did not, in any way, influence any motions or votes at
Council.

…

I remain committed to being transparent, even if it should mean that a complaint is filed
against me. I will happily complete the paperwork the Integrity Commissioner has asked
me to fill out to resolve this matter. To that end, I have already asked the City Clerk for
the relevant forms and intend to file them as soon as I have received them.

Boghosian is recommending Council formally reprimand Kroetsch.

Council will vote on Boghosian’s report at the January 22, 2025 Council ratification meeting.

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Published: January 6, 2025
Last updated: January 6, 2025
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