By Mark Squibb/January 20, 2022
Witless Bay council has voted that Deputy Mayor Lorna Yard was not in a conflict of interest when she voted on a motion related to development off Mullowney’s Lane, despite her decade-long involvement with lobbying efforts to prevent development in the area.
“As the conflict-of-interest allegation was filed against me, I am going to declare a conflict and not participate,” said Yard last week prior to council’s discussion of the matter, which was precipitated by a complaint from a lawyer acting on behalf of landowners in the area.
Council received a letter from Daniel Bennett of Bennett Law, on behalf of his clients Ann Marie and Gary Churchill and Ron and Trudy Harte, on December 5.
That letter, which was published in full in the Irish Loop Post two weeks ago, alleged Yard was in a conflict of interest when she voted to rescind a motion in October. The rescinding was one more step towards establishing a 99-hectare Crown Land Reserve in the area below Mullowney’s Lane.
Bennett argued that as Yard raised funds for a legal battle against the Town over its approval of an access road and the construction of a gazebo in the area, prior to her election to council this past fall, she has a monetary interest in motions relating to development in the area.
Bennett noted that Yard is listed as the organizer of a GoFundMe Page, the “Save Ragged Beach Legal Fund,” which raised $18,331. On that page, Bennett added, Yard claimed that lawyer Michael Crosbie and the firm McInnis Cooper approved an additional $40,000 in pro bono work so that the advocacy could continue.
Yard is also a moderator of the private Facebook group Save Ragged Beach.
During the January 11 meeting, each member of council took a moment to share their thoughts on why they felt yard was not in conflict.
Jacob Hayden was up first.
“From my understanding of the conflict-of-interest regulations governing municipalities, I don’t see how she is in a personal conflict of interest,” said Hayden. “There’s no gain, there’s no loss, there’s no potential work coming from this to benefit her. I have to say ‘No,’ that she’s not in a conflict of interest on this.”
Councillor Gerard Dunne concurred.
‘Nope, she’s not in a conflict,” said Dunne. “There’s no personal gain, so I can’t see how she’s in conflict according to these guidelines.”
Councillor Ralph Carey, who is also a longtime opponent of any development off Mullowney’s Lane, spoke next.
“I’ll just echo what Jacob and Gerard said, I don’t see how she could be in conflict of interest,” said Carey.
Next to speak was Councillor Alex Troake, who said he also thought Yard was not in conflict.
“I would agree with what everyone else has said,” said Trokae. “The definition that the provincial government uses for conflict of interest is what it is, as Jacob said. And unfortunately for any activists, you can’t’ define a definition of conflict of interest that suits your end goal. So, Deputy Mayor Yard certainty did not have any monetary motive in this motion. So, I can’t make it any clearer than that.”
Mayor Trevor Croft was the last to voice his opinion, and said that he didn’t think Yard was in conflict “in any way, shape, or form.”
After the vote, Troake noted the Town’s lawyer said there was no conflict of interest.
“The lawyer made it quite clear that there’s no conflict of interest here, so I think it’s obvious which way we have to vote here,” Troake said.
In response to inquires from the Irish Loop Post, Bennett said he couldn’t comment on council’s decision as he had not yet received word from the Town on the matter.
He did, however, say his clients will likely commence a judicial review of the Town’s decision.
“Given recent precedent set in our Supreme Court on this very issue, my clients are expecting a
positive outcome,” the e-mail concluded.
