The Whitby councillors human rights complaint has expanded, with a second regional councillor confirming plans to take the Town of Whitby, three members of council and the town’s integrity commissioner to the Ontario Human Rights Commission.
Regional Coun. Chris Leahy has joined Regional Coun. Steve Yamada in filing complaints related to events that occurred during 2024 and 2025 while Yamada served as deputy mayor.
Yamada first announced in December that he was filing a human rights claim alleging anti-Asian bias in how he was treated by Mayor Elizabeth Roy, Regional Coun. Rhonda Mulcahy and Centre Ward Coun. Niki Lundquist. His application seeks symbolic damages of $2, reimbursement of legal fees, and restoration of a week’s pay lost during a council-imposed suspension.
Leahy is pursuing a similar complaint against the same five respondents. He is seeking $1 in damages, repayment of a week’s suspended council pay, and coverage of legal expenses, although he is representing himself.
The complaints stem from a highly contentious council meeting on Oct. 7, 2024, during which Leahy accused fellow councillors of failing to properly recognize Yamada’s role as deputy mayor due to racial bias. That accusation led to multiple integrity commissioner complaints and an investigation costing approximately $10,000, resulting in one-week unpaid suspensions for both councillors.
Additional investigations followed, including a probe into whether the Oct. 7 meeting involved an illegal closed session, and a $72,000 workplace investigation conducted by Bernardi Human Resource Law. That investigation found no evidence of anti-Asian bias or racism but concluded the concerns were raised in good faith.
Leahy says that “good faith” finding forms the basis of his human rights claim, stating that Ontario law protects individuals from reprisals when concerns are raised honestly.
Coun. Niki Lundquist has publicly criticized both complaints, arguing the Ontario Human Rights Code does not apply to disputes between elected officials and calling the filings an unnecessary burden on taxpayers. Mayor Roy and Coun. Mulcahy have declined comment while the matter is before the commission.
