Chatham-Kent councillor Rhonda Jubenville has won her pay suspension appeal against the Municipality of Chatham-Kent.
Jubenville had her pay suspended for three months in 2023 for breaching council's Code of Conduct, but filed an appeal.
A court decision has ruled in her favour and ordered the municipality to pay her $20,000 in legal costs.
The judges panel said in its decision that Jubenville did not breach #10 of the Code of Conduct (using the influence of her office for a purpose other than the exercise of her official duties), saying the Integrity Commissioner's interpretation of the Code was "unreasonable" because Jubenville was just continuing to advocate for a reconsideration of the issue. The judges also noted the unreasonable interpretation would prohibit councillors from advocating on other issues outside of council's purview.
"To say I'm happy is an understatement. I was 'predominantly successful'," Jubenville said on social media. "I want to thank everyone for support and for prayers throughout all of this. I'm happy I can almost put it to rest and continue to focus on what I was elected to do."
The Judicial Review found that the manner in which one advocates is different from the right to do so and they must be aware that the manner in which they do it might violate the Code, adding councillors must uphold a high standard of ethical behaviour and refrain from engaging in conduct that would bring the municipality or council into disrepute or compromise the integrity of the municipality or council.
The Judicial Review still found that she still may receive a new penalty for breaching #15 of the Code of Conduct (failing to treat members of the public, other councillors, and staff in a civilized manner without abuse, bullying, and intimidation) if the Integrity Commissioner and council decides.
The court decided to "quash" the Integrity Commissioner's report and will return it to her to have the penalty recommendation reconsidered. Council must also reconsider the issue after an amended report is filed by the Integrity Commissioner.
Jubenville told CK News Today justice was served and she hopes it's the end of the ordeal, but will wait to see what the municipality does.
"I don't know, I haven't had any interaction with the municipality on this -- I've kept it completely separate. So, I will wait to hear from the municipality and from council as to what their next steps are and then I'll proceed accordingly," said Jubenville.
On Wednesday, the municipality said it will provide a response once it's reviewed by the legal team. Then on Thursday, the municipality said it is not in a position to provide any further comments about next steps on this matter because further legal analysis will be required by the external legal counsel that represented Chatham-Kent and the Integrity Commissioner. Officials noted further updates will be given as this matter progresses.
Jubenville also had a gut feeling that the ruling would go her way because the Integrity Commissioner's report was weak and difficult to defend.
"In defence to the legal team that had to defend the report, it probably wasn't an easy task for them in the first place. I find the report didn't have a lot of guts to it,' she said.
Jubenville said she was surprised the decision came so soon because she anticipated it in September or October.
She noted the pay suspension was a bitter pill to swallow and the appeal was a grind at first, but then her lawyer took over and did a very good job.
Jubenville said the ordeal will not change the way she approaches her council role, adding she hopes the matter was a learning experience for all.
In May 2025, Jubenville's lawyer argued that the findings by Chatham-Kent's Integrity Commissioner missed the mark, contained errors in law, and were not justified following public complaints about Jubenville's controversial social media posts over her failed motion to only fly government flags at municipal buildings and drop the Pride Flag and others that don't meet the criteria.
The Integrity Commissioner ruled Jubenville used her position as a councillor to improperly influence the community, used intimidation, and created a toxic environment when she posted her displeasure over the failed flag raising motion on her social media.
The municipality's lawyer, Amy Block, argued the case isn't about the social media posts, it's about civility, respect, and upholding the integrity of the office.