‘A shocking display of total bias’: Women’s rights group blocked, again; Councillor Mike Strange given platform to defend himself against assault charge

“That was shocking,” advocate Kate Baggot exclaimed after Tuesday’s Niagara Falls council meeting. “To watch the mayor shut down Lori Lococo only to allow Mike Strange to discuss exactly what they said could not be discussed, was a shocking display of total bias.”

Niagara Falls officials including the mayor continue to ignore calls from the Canadian Constitution Foundation, a women’s rights group and the lawyer representing them who are demanding that Charter rights be respected. Tuesday’s council meeting was the latest example of a council effort led by Jim Diodati to silence the women and protect his close ally, Councillor Mike Strange, who is facing a criminal charge for allegedly committing intimate partner violence.

Members of The Women of Ontario Say No (WOSN) were once again blocked by Mayor Diodati and City of Niagara Falls staff Tuesday, denied the chance to address issues related to new provincial legislation that proposes tougher rules to hold municipal politicians accountable. 

“He committed to speaking about bill 9, which we have not been allowed to do,” WOSN founder Emily McIntosh said, describing Strange’s conduct during the meeting when he used the public chamber and his privilege as a councillor to defend himself against the criminal charge. “But instead, he used that platform to present a defence of himself and said nothing about the actual bill. It was a clear manipulation of process, enabled entirely by the mayor.”

Despite claims by Diodati and City staff that council meetings could not be used to address the ongoing criminal matter, Councillor Strange was given a platform during the public meeting to criticize the criminal charge of intimate partner assault against him. He discussed the very same legal matter City staff and Diodati have claimed is the reason the women’s rights advocates were blocked from speaking during council meetings since June 17. 

The apparent abuse of process and an email shared with The Pointer detailing a scheme by Councillor Strange to pack chambers Tuesday with allies to drown out the women, following the arrest of three advocates at the last council meeting, has drawn widespread attention to the city’s local government.

Members of WOSN were once again denied a chance to address the agenda Tuesday, despite following the City’s official process to request a delegation. For the third time, the group, which is calling for strengthened municipal accountability under the proposed new provincial legislation, bill 9 (The Municipal Accountability Act) was told its presentation could not proceed due to "ongoing legal proceedings" which can not in any way be addressed or tied to discussions during a public council meeting. 

The claim is not backed by any provincial or municipal legislation that would prevent WOSN from addressing the proposed new bill. The group has made it clear that it does not wish to address Strange’s case and has made delegation requests only to discuss the proposed new provincial legislation (even if they did address the criminal case, there is no law that prevents them from doing so).

Diodati and City staff continue to claim that the women might touch on matters or details that could connect to Strange’s ongoing criminal assault case.

Diodati and City officials ignored their justification Tuesday when Strange was allowed to speak to his criminal case. 

The councillor was arrested on May 3rd after police responded to a call at his home and found an injured woman at the scene. 

Despite McIntosh repeatedly stating her delegation request had nothing to do with the criminal case against Strange, and was instead focused on the enhanced accountability provisions proposed in the pending provincial legislation, she has been barred from speaking. 

Emily McIntosh, founder of The Women of Ontario Say No (WOSN), was once again denied a chance to delegate to Niagara Falls council Tuesday evening.

(Jerry Manco)

On Tuesday, while McIntosh was once again denied a chance to speak, Strange was allowed to stand and claim his innocence of the charge he faces. 

Councillor Lori Lococo pointed out the contradiction of allowing Councillor Strange to speak on the very same legal proceeding that barred WOSN from stepping to the podium, but, unlike his refusal to accommodate McIntosh, Mayor Jim Diodati did little to stop Strange.

“I am aware of the assault charge currently before the court,” Strange began, as he addressed those in attendance Tuesday.

Lococo immediately interjected with a point of order. When she attempted to introduce a motion to stop Strange from addressing the matter, Diodati refused, claiming there was already a motion being considered on the floor. 

“You can’t have two sets of rules, that’s not fair,” McIntosh said from the gallery. 

Diodati claimed he had no knowledge of what Strange was about to discuss, despite the councillor’s public comments leading up to the meeting detailing his intention to claim innocence during Tuesday’s meeting. Strange also told a local charity group that Diodati knew “exactly” what the councillor planned to do Tuesday, which The Pointer reported ahead of the meeting (Diodati was sent questions by The Pointer about the plan ahead of Tuesday’s meeting to garner support for Strange who was going to criticize the criminal charges against him during council). 

Diodati eventually asked CAO Jason Burgess for guidance on how to proceed. 

“If it’s off subject matter, then that’s the Chair’s responsibility to say, ‘you’re off subject and it’s not part of the debate’ but I’m not exactly sure what he’s going to say,” Burgess claimed.

When the CAO finished, Diodati claimed he had not “heard enough” to know what Strange was about to say.

“The only person who knows what he’s going to say is Councillor Strange,” he said, before adding that if it pertains to the legal matter “maybe we hold off and not do it here.”

Diodati then ordered him to stick strictly to bill 9. 

McIntosh has not been given the same latitude by Diodati since June 17. The Mayor repeatedly claimed she was going to address the criminal case, instead of sticking to bill 9. Even though she told him more than once that the only issue that would be addressed was bill 9, Diodati cut her off, and claimed she could not speak because her comments might stray into Strange’s case.

However, on Tuesday, the Mayor allowed Strange to continue.

“I must also emphasize a core value of our legal system. In Canada, every individual is presumed innocent until proven guilty,” he said, addressing a legal right that applies to him while he is criminally charged. Despite the obvious connection to his case, Diodati did not tell Strange to stick to bill 9, after claiming moments earlier he would not allow the councillor to veer off subject and address his own legal situation.

Strange, just like he said he would prior to the meeting, continued to speak about the criminal charge against him, without any interjection by Diodati who chaired the meeting as mayor.

“This is just not a legal technicality, it is a fundamental protection of fairness and justice in our society. To remove an elected official based on an unproven and unfounded allegation would set a dangerous precedent and undermines the very democratic principles that we rely on,” Strange told those in attendance. He has been criticized for refusing to take a leave after his criminal charge.

His comment was misleading. WOSN and other advocates for better accountability of municipal politicians are not calling for the immediate removal from office upon a criminal assault charge. As is the case with other public employees, they believe local elected officials should not be able to continue working until a charge is resolved; after they have taken a leave, those who are acquitted can return to work, while those found guilty would be removed from office until at least the end of the council term.   

WOSN has offered examples of how staying on the job while a council member faces criminal charges can affect the ability of residents who want to interact with their local government on key issues. 

Strange continued to discuss his case, with no action by the Mayor.

“To my family, friends, supporters and fellow colleagues, your strength, support and knowing that the truth will come out has made the last few months more bearable,” Strange concluded, again clearly commenting on his own case, not bill 9. Diodati remained silent, contradicting his earlier commitment to make sure Strange did not veer off bill 9. 

Baggot and others in attendance expressed disbelief that Diodati just let Strange do what McIntosh and the other women were barred from doing, and none of the women even hinted at mentioning the criminal case.

Kate Baggot questioning why members of the public were being required to sign-in in order to enter Niagara Falls council chambers Tuesday, June 8.

(Jerry Manco)

Members of the public and another councillor who sought to raise points of order were cut off by Diodati.

After defending himself, Strange called for a staff report on the proposed provincial legislation and expressed interest in hearing public delegations on bill 9 in the future. He made no motion to allow them to speak during Tuesday’s meeting, which would have allowed the advocates to address the issue they attended council for on Tuesday. Instead, they were silenced, once again. 

For McIntosh and her fellow advocates, they described the entire scene as blatant hypocrisy, and proof that provincial legislation to stop abuse at the hands of municipal politicians is badly needed.

“We were aghast to sit in council chambers and watch as a councillor was permitted to speak to the very issue we were denied,” McIntosh said in a statement after the meeting. “The point of order identifying this blatant and inappropriate double standard was dismissed by both the CAO and Mayor. And the councillor, who was charged with assault, was allowed to continue.”

Mayor Jim Diodati (centre) and CAO Jason Burgess discuss the ongoing speech by Councillor Mike Strange.

(Jerry Manco)

She said claims by Diodati and Strange about the contents of WOSN’s proposed presentation were not grounded in reality.

“The comments reflected pure assumption… revealing how dangerous it is to presume without listening. The affront to the democratic process has resulted in complete embarrassment to the council.”

McIntosh confirmed that WOSN is now preparing to take legal action against the City of Niagara Falls for an alleged Charter violation. Among the key issues: the use of police to remove peaceful demonstrators at the June 17 meeting, the consistent denial of delegation requests without due justification, and the banning of signage from council chambers. McIntosh also expressed concerns about the City’s demands that anyone choosing to attend Tuesday’s meeting must sign-in, a practice not seen in Niagara Falls before.

“Holding this council to account has now become critical to help prevent abuse of power in future. It’s not hard to win the game when you make the rules and change them as you go,” McIntosh said. 

Niagara Regional Councillor Haley Bateman, who was present as a resident at the meeting, said what unfolded Tuesday confirmed her worst fears, and mirrored the strategy laid out by Strange in a leaked email sent to his supporters ahead of the meeting.

Strange had asked the Falls View Hose Brigade, a service group he has been affiliated with for 20 years, to fill the gallery on his behalf during yesterday’s meeting, with the expressed intent of blocking anyone from “that women’s group” from gaining access to the chamber. In the email sent by a representative of the Brigade following directions from Strange, members were explicitly asked to "ensure there is no space" for WOSN members or supporters.

“The theatre that was orchestrated in that leaked email played out live before our eyes,” Bateman said. “Mayor Diodati was prepared to block the rational opposition from Councillor Lori Lococo, and everyone else remained silent and complicit.”

The leaked email directed Hose Brigade members to stand and applaud after Strange declared his innocence, even anticipating that the mayor might ask them not to. 

“He knows exactly what is going on,” Strange’s message said of Mayor Diodati, acknowledging that the man who would later chair the meeting was in on the scheme. Strange, in his message to the Hose Brigade, ended with the promise that drinks at Boston Pizza right after Tuesday’s meeting would be “on me.” The meeting unfolded as Strange had described. 

The Pointer has obtained photographs of some of the meeting attendees who clapped for Strange gathered at Boston Pizza afterward.

Bateman, herself a strong supporter of bill 9, expressed frustration over the silence of other council members and the continued marginalization of advocates.

“Councillor Strange’s speech never once acknowledged the hostile and exclusionary email showcasing his request...This is why this advocacy is required.” 

Amid growing criticism, the Falls View Hose Brigade issued a statement defending its actions and denying any intention to disrupt council proceedings.

“The Falls View Hose Brigade is not a political organization,” the group stated. “There was never any official direction from the Brigade to be a nuisance or distraction at council.”

They emphasized their 120-year legacy of community service and charitable giving — including past donations to women’s shelters and child advocacy groups. The group said their members were simply showing support for a longtime colleague.

“Mr. Strange was looking for support from his friends… I hope this clears up any of the confusion.”

The Brigade did not address Strange’s request to drown out the women’s rights advocates by taking up all the seats inside the chamber 30 minutes before the start of the public meeting so they would not have a place to sit.

WOSN expects to file legal proceedings against the City of Niagara Falls in the coming weeks. McIntosh points out that council has made no meaningful effort to address the group’s requests:

• A public apology for the arrests of June 17 and using the police as agents of the City;
• A repeal of what they call an unconstitutional sign and decorum policy;
• The opportunity to formally present to council as outlined in the City’s own procedural rules.

McIntosh said that after multiple good faith attempts WOSN will not return to Niagara Falls to speak with council, as it has become apparent litigation is the only way forward.

Councillor Strange is still awaiting a court date for his intimate partner violence criminal assault charge. Under the current municipal system, he is allowed to continue attending council meetings as an elected official who makes key decisions on behalf of residents.

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