Monday, June 08, 2009

Complaint Filed with City of Ottawa - CAS Board President

John Dunn of the Foster Care Council of Canada has submitted a complaint to the City of Ottawa regarding their City Solicitor, Rick O'Connor and his use of City property and assets (E-mail) in furtherance of the commission of a provincial offence.

The e-mails at issue to the complaint stem from when O'Connor, as a Board member of the Children's Aid Society of Ottawa authorized, permitted or acquiesced to the offence of failing to furnish a list of their members upon a properly filed request for such, which itself is an offence.

UPDATE: The City of Ottawa has acknowledged receipt of the complaint and has informed the complainant (Dunn) of the following:

Good Morning Mr. Dunn

Internal investigations are a bit different from police/external investigations. I cannot provide you with information related to such an investigation's progress. We will certainly be in contact with you, as we will want to obtain a full witness statement and obtain any needed clarification.


See the complaint as filed with the City of Ottawa below:

Subject: Complaint - Use of City Property and Assets
Date: Mon, 8 Jun 2009 17:11:37 -0400

Hello Gregory Dack, (Corporate Security)

Date: June 08, 2009

I know I talked to you before about the possibility of making a complaint regarding the use of the City's electronic resources by a City staff member, and at the time I stated that I would delay the compliant due to ongoing litigation related to the matter.

As you are aware, I want to make a complaint about a city staff using the City's electronic resources to further the commission of a provincial offence, however I am afraid that if the court orders the particular e-mails at issue not to be revealed to me via my ongoing MFIPPA request, that the e-mails at isssue, after such an order could be immediately deleted by the city staff in question since they are deemed "Transitory Records" according to the City's Records Retention and Disposition (RRD) By-law No. 2003-527, therefore making the complaint impossible to investigate by yourself. Therefore, in order to ensure that you have access to the e-mails at issue without them first being deleted by anyone, I would like to file the complaint with you forthwith.

Complaint in Writing:
I am filing a complaint with Gregory Dack of Corporate Security, City of Ottawa regarding City Solicitor, Rick O'Connor's use of City Property and Assets, namely the electronic network (E-mail).

Between February 05, 2007 and October 23, 2007, Rick O'Connor, using the electronic network assets of the City (E-mail) did communicate with and receive electronic communications from Barbara MacKinnon and other individuals or consultants at or in connection with the Children's Aid Society of Ottawa which demonstrate Rick O'Connor's participation in the commission of a provincial offence under section 307 (5) of the Corporations Act, R.S.O. 1990, c. C-38.

Assistive Information
To assist you in identifying which e-mail communications are suspect in relation to this complaint, a quote from the Privacy Commissioner's Order MO-2408 lists several e-mails identified by the City as being at issue in the privacy appeal meaning the City has knowlege of, and possession of these e-mails as well as others which can be found between the dates specified above in relation to this matter.

MO-2408 lists the following emails:

"There are 6 pages of records that remain at issue in this appeal:

• Pages 370-373 – an email chain and attachment sent by the Executive Director of the CAS to employees, a consultant and volunteers of the CAS, including the Solicitor at his City email address.

• Page 387 – an email sent by the Executive Director of the CAS to the Solicitor at his City email address. This email was also sent to two other individuals: another CAS volunteer and a CAS employee.

• Page 391 – an email sent on behalf of the Executive Director of the CAS by her executive assistant to a number of individuals who are either employees or volunteers of the CAS. Among the recipients is the Solicitor and the email was sent to his City email address

As stated, this is only a small segment of e-mails related to this matter. The rest can be found by reviewing relevant communications as mentioned above from Feb 2007 to October 2007.

I am looking forward to hearing from you in relation to this complaint and hope that you will inform me of what steps will be taken at this point now that a complaint has been filed with you.


John Dunn
Executive Director
The Foster Care Council of Canada
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