Think council met behind closed doors when it shouldn't? Anyone can ask for a review
Anyone can ask for a review of a closed Windsor council meeting. In 2024, the City's investigator ruled that a 2023 in-camera session on taking over the BIAs broke Ontario's open meeting rules. Here's who checks and how to file a request.
Topics: Council and City Hall
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Anyone who thinks Windsor City Council, one of its committees or a local board met behind closed doors when it shouldn't have can ask for an independent review. Ontario's Municipal Act requires every municipality to have a closed meeting investigator, and Windsor's has ruled against council before.
The open meeting rule
Under section 239 of the Municipal Act, council meetings are open to the public. Council can close all or part of a meeting only for reasons the law lists, such as legal advice, buying or selling land, labour relations and personal matters about an identifiable person. Before going in camera, council has to pass a resolution saying it is closing the meeting and the general nature of what it will discuss. Votes in a closed session are allowed only on procedural matters or to give directions to staff.
Who investigates in Windsor
A City by-law, 248-2007, appoints Local Authority Services (LAS) as Windsor's investigator under section 239.1 of the Municipal Act. Ombudsman Ontario's list of closed meeting investigators also names LAS for Windsor. For Windsor's 2023 cases, LAS delegated the investigation to the law firm Aird & Berlis LLP.
It has happened here
In a report dated March 11, 2024, the investigator found that a Feb. 27, 2023 closed session, held while council sat as the Striking Committee, broke the open meeting rules. At that session, the committee moved to temporarily take over Windsor's business improvement areas (BIAs) for 60 days.
The report found the discussion was not covered by the exemption for personal matters, that no resolution was passed before the meeting went into closed session, that a vote was taken in closed session when it should not have been, and that no public agenda was posted online in advance. CBC News reported the findings when the report went to council.
Why it matters now
Windsor's new council takes office Nov. 15, and its inaugural meeting is set for Mon., Nov. 16. The City's procedure by-law says all members of council meet as a Striking Committee as soon as convenient after the inaugural meeting to recommend appointments to committees, boards and agencies. Those appointment talks have been held in camera in past terms, as we reported Oct. 29.
How to ask for an investigation
Fill in the City's investigation request form, linked below. It asks for the name of the council, committee or board, the date of the closed meeting, and detailed reasons for your request. Send it to the City at the address on its meeting investigation page. The clerk's office passes it to the investigator.
The investigator reports the result to council, with any recommendations. Its role is to check whether the rules were followed, not to judge the decision itself.
For questions, email clerks@citywindsor.ca.
