Banff town councillor Hugh Pettigrew has been charged with sexual assault.
RCMP Sgt. Natalie Rice said Pettigrew – who is maintaining his innocence – was charged with sexual assault on Jan. 30, resulting from an incident on or about Dec. 23, 2023, in the Banff townsite.
The first court date was on Wednesday (March 13) in Canmore Provincial Court, at which point Judge Harry Van Harter ordered a publication ban on any evidence that could identify the complainant.
Pettigrew, who has hired high-profile Calgary defence lawyer Tonii Roulston, did not appear in court, but attended Banff’s Municipal Planning Commission meeting. The next court date is April 10.
“Any allegation of sexual assault or misconduct is a matter that must be taken very seriously,” said Banff Mayor Corrie DiManno.
“We are extremely concerned about the allegations that have resulted in criminal charges.”
Pettigrew, who was elected to council in 2021 following a failed mayoral race against Karen Sorensen in 2017, said he is “shocked and surprised” that a serious criminal accusation has been made against him.
He said he intends to continue on council and with other community duties.
“This false accusation has caused a very difficult time for me and my family,” he said in a written statement to the Outlook.
“Because of the seriousness of this, I have retained legal counsel and will not be able to comment other than I am innocent of such allegations.”
As this matter progresses through the court system, DiManno said she and her council colleagues will convene to discuss any available recourse, if warranted, under council’s code of conduct bylaw.
“However, I must emphasize we will respect the judicial system and its fair and authoritative process to reach a judgment,” she said.
Regardless of the outcome of this specific case, DiManno said it is extremely important for council to assert that any allegation of harassment, violence or abuse, by anyone in the workplace or in the community, is of highest concern that should be taken very seriously by all.
“No matter the degree of inappropriate behaviour that is alleged, or the location, the individual affected must be empowered to speak up, and the appropriate authorities must be given the opportunity to review the circumstances of the allegation,” said the mayor.
“We care about ensuring that all members of the community who we serve can live and work in a safe, healthy, and respectful environment. We will not tolerate inappropriate behaviour of any kind, and we respect anyone who has the courage to identify inappropriate behaviour to the authorities.”
Officials with Alberta's Ministry of Municipal Affairs say that being charged with a crime is not grounds for a councillor to be disqualified under the Municipal Government Act (MGA), nor does the MGA require councillors charged with a crime to step down or disclose to council whether they’ve been charged.
“That said, a municipality’s code of conduct bylaw may address other issues of councillor behaviour, and a council may issue sanctions once it is determined a member violated the bylaw,” said Graeme McElheran, the ministry’s communications director.
McElheran said a member of council is disqualified from council if convicted of a criminal offence and that criminal offence is punishable by imprisonment for five or more years, or if the offence is under Section 123, 124, or 125 of Canada’s Criminal Code.
“Under the MGA, a councillor who is disqualified must resign immediately,” he said. “If they do not, either council or electors may challenge the disqualification by applying to the courts. “
In addition, McElheran said Municipal Affairs is reviewing the MGA to explore opportunities to enhance councillor accountability and strengthen oversight.
“In addition to gathering public input through a recent online public survey, we have also been talking to elected officials, municipal administrations, and municipal associations in Alberta,” he said.
“The results of the engagement are currently under analysis.”
This high profile case may be triggering for people who have experienced sexual assault, which can leave both physical and emotional scars.
The YWCA Banff’s Harmony Project deals with sexualized violence prevention and response in the Bow Valley. The service is confidential and available seven days a week to anyone in the Bow Valley area.
“We urge them to seek help and resources available to them if they are in distress,” said DiManno.
Ebony Rempel, the YWCA’s chief executive officer, said the Harmony Project sexual violence response program is a free program available to anyone who has been impacted by sexual violence.
“We know that sexual violence occurs in our community. The YWCA Banff believes those who have experienced violence and stands with them,” she said.
“We are a safe place for people, please reach out if you need support.”
Contact the YWCA Banff at [email protected] or 403-762-3560.
According to the RCMP’s website, sexual assault includes forced unwanted kissing, touching, vaginal penetration, anal penetration, and oral sex.
In a Justice Canada 2019 general social survey on victimization, only six per cent of sexual assaults were reported to police, while only 42 per cent of sexual assault complaints that were reported resulted in a guilty verdict.
In 2020, the Association of Alberta Sexual Assault Services released findings of a study that found 43 per cent of the 1,500 Albertans surveyed had experienced sexual violence in their lifetime, which equates to a staggering 1.8 million Albertans.
According to the association, sexual violence is a known risk factor for a range of other public health issues such as addictions, suicide, homelessness and domestic violence. While the overall rate of violent crimes in Canada has decreased over the past 15 years, the rate of sexual assault has not.
