County of Haliburton, December 6, 2023
Read the ReportThe Ombudsman investigated a closed meeting held by the County of Haliburton to discuss the closure of a local hospital emergency room. The meeting was closed under the exception for matters permissible to be closed under another act. The County was unable to identify legislation that permitted council to discuss the matter in closed session. As a best practice, the Ombudsman recommended that when relying on this exception, the resolution to move into closed session include a clear reference to the legislation and provision that permits the meeting to be closed.
The Ombudsman investigated a closed meeting held by the County of Haliburton to discuss the closure of a local hospital emergency room. The meeting was closed under the exception for information supplied in confidence by a third party. Representatives from the hospital attended the closed session and provided information to council. The County believed that the information it would receive from the third party in closed session would be supplied in confidence, however, the representatives confirmed that the information was not confidential. The Ombudsman found that the discussion did not fit into the cited exception. The Ombudsman recommended that when relying on this exception, the municipality consult with third party providing the information ahead of the closed meeting to ensure that the information to be shared fits within the exception.
The Ombudsman investigated a closed meeting held by the County of Haliburton to discuss the closure of a local hospital emergency room. The Ombudsman considered whether the exception for advice subject to solicitor-client privilege would apply to the discussion. During the meeting, a council member shared legal advice he obtained from a lawyer. The councillor contacted the lawyer in his capacity as a member of council, although he was not directed by council to do so. The Ombudsman recognized that solicitor client privilege attaches to communications as soon as the potential client takes the first step, even before a formal retainer is established. The Ombudsman found that portions of the closed session discussion fit within the exception for advice subject to solicitor-client privilege.