Banff councillor charged with sexual assault facing pressure to step aside while matter in court

A group of about 80 community leaders and residents is calling for Hugh Pettigrew to temporarily step aside from his role as a town councillor until the charges of sexual assault are resolved through the justice system.

Pettigrew, who is maintaining his innocence and says he is shocked and surprised that a serious criminal accusation has been made against him, was charged with sexual assault on Jan. 30, resulting from an alleged incident on Dec. 23, 2023, in the Banff townsite.

The letter to Pettigrew, which was signed by Senator Karen Sorensen, a former Banff mayor and town councillor, and Connie MacDonald and Ebony Rempel, the past and present CEOs of Banff YWCA, respectively, asks him to step aside from his duties as a town council immediately.

While Pettigrew is not legally obligated to withdraw from his council duties under the Municipal Government Act (MGA), the signatories to the letter said it was imperative to eliminate any potential distractions that could hinder the effective functioning of town council.

“In light of the serious allegations against you, we implore you to demonstrate the highest level of advocacy by stepping aside while the justice system fulfills its due course,” they wrote in the letter sent to Pettigrew on Tuesday (March 19).

“By voluntarily stepping aside from your day-to-day duties as a councillor, you would enable your colleagues to carry out the council's mandate without undue disruption, allowing the justice system to proceed unimpeded.”

The group, which also includes other high-profile community members such as Rae-Ann Robert, Julia LoVecchio and Stavros Karlos acknowledged Pettigrew has previously publicly championed himself as an advocate and ally of victims of sexual violence.

“Given the staggering statistics indicating that one in two individuals have experienced sexual violence in their lifetime, your continued presence in your various roles as a councillor could prove distressing to a significant portion of the electorate while the investigation remains ongoing,” they wrote.

“We implore you to demonstrate the respect that our progressive community deserves by removing yourself from a position of power that could potentially tarnish the reputation of our beloved community and the surrounding national park.”

Pettigrew, who has served on council since 2021, said last week that he intends to continue on council and with other community duties; however, he did not get back to the Outlook on this recent call for him to step aside. He attended the public hearing on the railway lands area redevelopment plan on Wednesday (March 20) – but did so virtually instead of in-person.

Under the MGA, being charged with a crime is not grounds for a councillor to be disqualified, nor are councillors charged with a crime required to step down or disclose to council whether they have been charged.

However, a member of council is disqualified if convicted of a criminal offence, which is punishable by imprisonment for five or more years, or if the offence relates sections of Canada’s Criminal Code dealing with municipal corruption, selling or purchasing office or influencing or negotiating appointments.

In Alberta, a councillor who is disqualified must resign immediately. If they do not, either council or electors may challenge the disqualification by applying to the courts.

MacDonald, who served for nine years as CEO of Banff YWCA where the Harmony Project deals with sexualized violence prevention and response in the Bow Valley, pointed to legislation introduced in British Columbia in 2022 to maintain public confidence when an elected official is charged or convicted of a criminal offence.

These changes included requiring an elected official to be put on mandatory paid leave when charged with a criminal offence until the criminal process is complete or the charges are resolved.

“This is not a process to assign guilt or innocence. That is the role of the court and I totally respect and support the process of our judicial system,” said MacDonald.

“For now, I just hope Coun. Pettigrew will reconsider his choice, and keep the needs of the community as his priority.”

When the charge was made public, MacDonald said she hoped Pettigrew would take a leave of absence until the court case was over.

“I strongly believe that stepping away is in the best interest of the community and it is a common practice in business and government and a way to demonstrate respect for the integrity of his position, colleagues, Town staff and our broader community,” she said.

Pettigrew has hired high-profile Calgary defence lawyer Tonii Roulston.