Ottawa Mayor Larry O'Brien has been charged with two criminal counts, accused of offering to help a rival land a plum post if the opponent dropped out of the 2006 election campaign.

Ottawa Mayor Larry O'Brien said he will make a final decision about whether to step down after consulting with the public and after a special meeting of council to discuss the issue.
(CBC)

The charges concern allegations that O'Brien — while running for mayor in the summer of 2006 — offered to help Terry Kilrea get a job on the National Parole Board if Kilrea left the race.

The first charge is that O'Brien pretended to have influence with the Government of Canada or with a minister of the government when he allegedly made the offer to Kilrea, contrary to Sec. 121 of the Criminal Code, frauds on the government.

The second charge is that O'Brien negotiated an appointment contrary to Sec. 125 of the Criminal Code, influencing or negotiating appointments or dealing in offices.

The allegations, which follow an Ontario Provincial Police investigation of more than eight months, have not been proven in court.

O'Brien, who was charged Monday, has denied the allegations. He is scheduled to make his first court appearance Jan. 9.

O'Brien's lawyer, Vincent Clifford, said he expects the trial to take place in late 2008 or early 2009.

The maximum penalty for a conviction under each of the charges is five years in prison.

O'Brien responds to allegations

Despite the charges, O'Brien showed up at an important council budget meeting Monday morning, where he responded to the allegations.

"While I am personally very embarrassed that I have to face these charges, in a real sense it is a relief to finally get to the point where the truth will be determined in a court of law," he said, adding that the past year of "rumour, gossip and media headlines" had been hard on him and his family.

"Quite frankly, I believe with every fibre in my being that I am innocent."

He added that he feels lucky to live in Canada, where accused are presumed innocent until proven guilty.

O'Brien is under no legal obligation to resign, despite the charges.

He said he is "ready, willing and able" to continue as mayor, but will hold back on his final decision until after he has heard from the public, and after a special meeting of council to discuss the issue.

Mayor's case first of its kind: police, prof

OPP Supt. Dave Truax said the case is the first he has heard involving this type of charge against a sitting mayor.

"Not in my 21 years experience do I recall an incident such as this," he said.

He added the case is a complex one — police conducted 48 interviews and executed a search warrant and four production orders to gather enough evidence to lay charges.

The case has concluded, he said, and no other charges will be laid unless someone comes forward with additional evidence.

University of Ottawa law expert Stéphane Émard-Chabot said he also believes this case is the first of its kind.

'Whether or not somebody else will be implicated remains a bit of a question at this point and depends [on] how strong the evidence is.'— Prof. Stéphane Émard-Chabot

"I have not been able to find a recent case in the last half-decade, even the last half-century or century that would have a municipal official be charged in connection to their elections to this degree," he said, adding that a number of elected officials have faced criminal charges unrelated to their office, such as shoplifting.

He said it is easier to obtain a conviction for the first charge — pretending to have influence on the federal government — as it isn't necessary to actually have that influence.

The second charge — negotiating to obtain an appointment — is a little more serious, Émard-Chabot said, as it actually involves a discussion with someone in the federal government.

"Whether or not somebody else will be implicated remains a bit of a question at this point and depends [on] how strong the evidence is," he said.

"Clearly the police and the Crown had a strategy in charging under both," said Émard-Chabot, who is assistant dean of common law and a former city councillor.

O'Brien and Kilrea had similar platforms

Police allege the offences took place between July 10 and Aug. 8, 2006, while Kilrea and O'Brien were both running for mayor on right-of-centre platforms in the 2006 election.

Kilrea alleged in a sworn affidavit that O'Brien offered him two rewards if he dropped out of the race:

• To cover $30,000 of his campaign expenses.
• To help him get a job on the National Parole Board that he had expressed interest in.

Kilrea did drop out of the mayoral race, but said he never accepted anything in exchange.

The OPP announced in March that its anti-rackets section had launched an investigation into the allegations.

Baird denies any link

According to a police search warrant application made by police in May and released to the media in October, Kilrea was told by O'Brien to contact John Baird, the current federal environment minister who was president of the Treasury Board at the time.

Police investigated Baird on two occasions but found no evidence of any wrongdoing and closed the investigation.

In an interview with CBC News on Monday, Baird was adamant that he was never involved in the allegations.

"No one ever asked me to get this man a job, an appointment," said Baird from Bali, where he is attending a UN climate change conference.

"No appointment was ever asked for, no appointment was ever considered and none was ever offered."

But the federal opposition is still trying to push the issue. During question period on Monday, Liberal MP Mark Holland said Baird should step aside from his cabinet post while "the courts determine his involvement."

Conservative House Leader Peter Van Loan shot back, demanding Holland apologize for his "reckless smear" of Baird.