The following letter was sent to the various agencies listed in the second paragraph as well as presented to the Cape Breton Regional Police Service Major Crimes Division on Friday past. Major Crimes stated to me that they were sending the request to the RCMP Commercial Crime Division to avoid any conflict of interest within the municipality. It is only the law enforcement who can investigate crime and no other agency. Does the province care if funds are misused in the CBRM? Probably not….As long as we are poor and overburdened with excessive taxation, equalization will continue to increase to the provincial government in Nova Scotia. I know some people out there feel that this is not an equalization issue, but I strongly disagree. If we as a struggling municipality can not display fiscal responsibility, then what chance do we have of receiving our “fair share”. Rev. Dr. Albert Maroun for the NSEF Subject: Formal Investigation Request – Misuse of Public Funds in CBRM Good evening, Premier Houston, the Department of Municipal Affairs, Department of Justice, RCMP H Division, Sirt, and the Office of the Police Commissioner and the Nova Scotia Police Review Board. It has been some time since I first contacted you regarding the misuse of public funds by the former mayor of CBRM, as widely reported by multiple media outlets. Despite my previous request for a formal investigation to both the Premier and the department of municipal affairs, I have yet to receive confirmation that any action is being taken. Once again, I am requesting confirmation that a thorough investigation will be conducted, or I will formally request that the Nova Scotia RCMP launch an investigation into the matter as well as other agencies. As outlined in my previous email and reiterated below, multiple criminal offences appear to have taken place. Under the Criminal Code of Canada, law enforcement is responsible for investigating and enforcing these laws. However, despite clear violations of both the Criminal Code and the Municipal Government Act, the Cape Breton Regional Police Service has failed to take appropriate action, effectively neglecting its duty to investigate. It is incumbent on our police forces to start investigations when it comes to public trust of elected officials and misuse of public monies without formally being asked, given the gravity of the situation highlighted by the CBC media report found here Former mayor McDougall pays back $17K in personal expenses charged to CBRM credit card. It is the responsibility of police to enforce the law. If conflicts of interest exist within the local police force, it is their obligation to refer the case to an external agency for investigation. Instead, CBRM has improperly categorized this issue as an HR matter and retained legal counsel to investigate credit card irregularities attributed to former mayor— this lawyer potentially may have prior ties to the municipality—raising further concerns about conflicts of interest. Here is the link: https://www.cbc.ca/news/canada/nova-scotia/former-mayor-charged-personal-expenses-cbrm-credit-card-1.7437882 Concerned citizens demand a comprehensive and impartial investigation. If the province is unwilling or unable to initiate such an inquiry, we will formally request that RCMP H Division step in. Additionally, given the gravity of this issue, a forensic audit of CBRM’s financial records over the past 12 to 20 years is warranted to ensure proper oversight and accountability. I look forward to your prompt response. Why This Investigation is Necessary The former mayor’s use of a government credit card for personal expenses totaling $17,000—only repaid after an audit uncovered the misuse—raises serious legal and ethical concerns under both provincial legislation and the Criminal Code of Canada. Applicable Legislation 1. Municipal Government Act (MGA) of Nova Scotia • Section 50(3): States that property vested in a municipality is under the exclusive management and control of the council. The misuse of municipal government credit card for personal purposes directly contradicts this provision. 2. Public Interest Disclosure of Wrongdoing Act • Section 3(j): Defines wrongdoing as the misuse or gross mismanagement of public funds or assets. The former mayor’s actions fall squarely within this definition. 3. Criminal Code of Canada • Section 122 (Breach of Trust by Public Officer): Prohibits public officials from acting in a manner contrary to their duties, including the misuse of public funds. • Section 380 (Fraud Over $5,000): Addresses fraudulent activities involving amounts exceeding $5,000, which applies to the unauthorized personal use of a government credit card. Relevant Case Law The Nova Scotia legislature expenses scandal serves as a precedent. In 2011, several Members of the Legislative Assembly (MLAs) were charged with fraud and breach of trust for misusing public funds. Notably: • Richard Hurlburt: Pleaded guilty to fraud and breach of trust, receiving 12 months of house arrest. • Dave Wilson: Pleaded guilty to fraud, breach of trust, and uttering forged documents, leading to a nine-month jail term. • Trevor Zinck: Pleaded guilty to fraud over $5,000 and breach of trust, serving four months in jail followed by probation. These cases highlight the legal consequences of public officials misusing taxpayer money. The Duty to Investigate The decision by local police not to conduct an investigation, citing the municipality’s engagement of external legal counsel, is deeply concerning. While internal audits are important for governance, they do not replace criminal investigations when potential violations of the Criminal Code are evident. Given the substantial amount involved and the nature of the misuse, a formal police investigation is necessary to determine whether criminal charges should be pursued. Legal and Procedural Frameworks 1. Criminal Code of Canada – Duty to Investigate • Section 122 (Breach of Trust by a Public Officer): Police must investigate credible allegations of public officials misusing their office for personal gain. • Section 380 (Fraud Over $5,000): Given that fraud over $5,000 is an indictable offence, law enforcement is required to investigate if reasonable evidence suggests fraudulent activity. • Section 21 (Parties to Offences): If there is evidence that other officials aided or concealed the wrongdoing, police must examine their roles. 2. Police Responsibilities and Oversight • Cape Breton Regional Police Service (CBRPS): As the primary law enforcement agency for the municipality, CBRPS has the duty to investigate criminal complaints within its jurisdiction. • Nova Scotia Police Act: This act outlines police responsibilities, including the duty to investigate all suspected criminal activity impartially. If conflicts of interest arise, the local police must refer the case to another law enforcement agency. • RCMP H Division (Nova Scotia): If local police fail to act, the RCMP can assume jurisdiction over cases involving major fraud, corruption, and breach of trust by public officials. 3. Case Law – Duty to Investigate Several Supreme Court of Canada rulings emphasize the duty of police to investigate credible allegations of criminal wrongdoing: • R. v. Beaudry, 2007 SCC 5: Police discretion does not allow them to ignore credible allegations of criminal conduct, particularly when public trust is at stake. • R. v. Stinchcombe, 1991 SCC 45: Authorities have a duty to properly collect and disclose evidence, reinforcing the need for thorough and unbiased investigations. • R. v. Nixon, 2011 SCC 34: Government officials cannot interfere with criminal investigations, meaning CBRM’s handling of this case as an HR matter does not override law enforcement’s duty to investigate. 4. Conflict of Interest – When Local Police Must Refer the Case • If CBRPS has ties to CBRM officials or if a conflict of interest exists, police must request an independent investigation. • RCMP or another external police force (e.g., Halifax Regional Police) should be called in to ensure transparency. There is a clear legal duty for local police to investigate allegations of fraud and breach of trust. If the Cape Breton Regional Police Service refuses to act, it may be necessary to escalate the matter to the Nova Scotia Department of Justice, the RCMP, or the Serious Incident Response Team (SIRT) and other agencies to ensure accountability. I urge you to confirm that a full investigation will be launched without further delay. Sincerely, Rev. Dr. Albert Maroun