A City of Barrie employee alleging sexual assault and harassment in a $200,000 lawsuit against Coun. Mike McCann says she filed a criminal complaint against McCann in early 2021, according to a new document filed in court.
Amanda Kelly, 32, a senior business and entrepreneurship officer with the city, made the statement in an Ontario Superior Court of Justice document dated July 25, 2022, a reply to McCann’s statement of defence.
After detailing how Kelly first made her complaints to city officials regarding McCann, the court document reads: "Ms. Kelly further submitted a criminal complaint against Councillor McCann to the City of Barrie Police on January 27, 2021."
McCann told BarrieToday on Wednesday that he was "surprised she went to Barrie police, because I have never had a Barrie police officer question me about any criminal charges."
Barrie police communications co-ordinator Peter Leon was asked to confirm whether city police had received this complaint.
“We wouldn’t provide comment or information on these types of investigations,” Leon said Wednesday.
An official at the Barrie courthouse’s criminal office said Wednesday there are no criminal charges pending against McCann.
Neither Kelly nor her lawyers could be reached for comment Wednesday by BarrieToday.
Kelly first filed a notice of action with the Superior Court concerning McCann on Dec. 17, 2021, followed by a statement of claim on Jan. 17, 2022.
McCann filed a statement of defence on July 14, 2022, in which he denies Kelly’s allegations.
"The plaintiff’s (Kelly’s) allegations of misconduct against the defendant (McCann) are false," the statement of defence reads. "They will be flatly contradicted at trial by persons who observed the conduct of the plaintiff (Kelly)."
Kelly’s reply to McCann’s statement of defence, dated July 25, 2022, contains the information that she submitted a criminal complaint against McCann to Barrie police.
In her statement of claim, Kelly alleges battery and sexual battery, assault and sexual assault, mental suffering, negligence, injury to dignity, feelings and self-respect, along with the loss of income.
These allegations relate to incidents dating back to October, November and December 2019.
None of the allegations against McCann, who is running for Barrie mayor in the Oct. 24 city election, have been tested in court.
“I think this is politically motivated. I do feel it’s odd this is happening in an election year when it happened more than two years ago,” said McCann, who would not elaborate further.
“As previously stated, I am innocent of any wrongdoing,” he added. “There are several observers that will testify against these false allegations. I will defend my good name in court and not in a trial by media.”
Kelly’s reply to McCann’s statement of defence also says she was in contact with the city’s integrity commissioner multiple times throughout 2020, and that she prepared and submitted a formal complaint about a code of conduct infraction on or about Oct. 28, 2020. However, the complaint could not be considered since it was filed with the integrity commissioner’s office more than six months after the alleged events took place. City council has since looked at changing that time period to no more than one year.
Barrie’s code of conduct is an agreed-upon understanding by all members of council about what standards they should meet in the individual conduct of their official duties.
The integrity commissioner is responsible for administering the code of conduct and assists in maintaining high ethical standards at the City of Barrie. This independent accountability officer is given authority under the Ontario Municipal Act and the Municipal Conflict of Interest Act.
