05/12/2026
Complaint: Cochrane District Services Board (CDSB
from: James McMahon #####################X
to: [email protected]
date: May 12, 2026
subject: Complaint: Cochrane District Services Board (CDSB)
mailed-by: gmail.com
To: Ontario Ombudsman’s Office
I am requesting Ombudsman oversight and intervention regarding significant governance issues within the Cochrane District Services Board (CDSB), including maladministration, misrepresentation, and misleading information, which constitute a breach of governance compliance and accountability expectations.
The CDSB took the unusual step of public disclosure to disseminate information during a news conference that the emergency shelter in Timmins was being audited because it was found not to be in compliance with shelter standards, and in addition they would temporarily manage the emergency shelter for six months.
The CDSB’s chief administrative officer Brian Marks, then conflated the operational audit and investigation with the Living Space Review which was also referred to as the Living Space Relocation Review to influence the contemplated outcome, and the false attribution of the operational audit and investigation to a consultant who has explicitly denied involvement.
Decisions regarding funding, service provider oversight, and emergency shelter operations have been influenced by inaccurately represented information based on a non-existent or misrepresented audit which undermined the Board’s ability to exercise informed governance oversight and fiduciary responsibility. The continued reliance on that false attribution to justify funding decisions and used to influence operation outcomes. This discrepancy is deeply concerning.
The intentional use of the consultant’s name without authorization created a false impression of independent verification and due diligence, and the inaccurate or misleading public communications have influenced public trust, media narratives, and stakeholder perceptions.
Given the gravity of the audit’s implications publicly alleging damaging statements without proper evidence or due process is inconsistent with the CDSB’s duty for procedural fairness, and despite the organization’s denial of involvement, to date, the CDSB has not issued a correction of its public statements. Doing so, would have affirmed the CDSB’s commitment to truth and integrity, this suggests a knowing continuation of misinformation.
The conduct described suggests a systematic failure of governance, not a minor administrative error, as there was intent. These actions raise legitimate questions about the integrity of CDSB leadership, potential abuse of authority, the accuracy of the CDSB’s communications and lack of proper administrative practices.
Public institutions must be held to higher standards, recent public discourse surrounding homelessness funding and the CDSB’s role has grown increasingly polarized. The CDSB has a duty to uphold accountability, ensuring public statements are accurate and that audit processes are transparent and traceable.
Note: This idea termed “Living Space” was created and implemented by the Cochrane District Social Planning Council (CDSPC) of which Brian Marks, CDSSAB’s CAO was the Board Chair. He was also a Founding Director for the registered charity, Living Space North Against Poverty and until March of 2023 was the Board Chair.
SUPPLEMENTAL INFORMATION
The announcement occurred amidst significant community pressure where residents expressed concerns/public sentiment about safety and crime near the shelter. In response to the Town Hall on Community Safety, the Living Space Review was prompted by a subsequent request from the City of Timmins to its Service Manager, the Cochrane District Social Services Administration Board (CDSSAB).
The members of council passed Resolution 23-233 (Review of Relocation of Living Space Facility) on July 11, 2023, requesting that all organizations and boards involved with the operation of funding Living Space consider options for the shelter relocation outside of residential and commercial zones and herby requests that this initial review be completed within three months and requests an update be provided, where at that time it can be explored what support the city can provide to assist in the relocation. And asks the CDSSAB to consider all current revenues and grants issued by the Province of Ontario be reviewed for their eligibility to be reallocated to help fund the relocation of the Living Space Facility including sale of the current facility.
During the August 1, 2023, CDSSAB Board meeting The CDSSAB’s CAO Brian Marks said, “There is no direction included as to what is wanted in the review other than to relocate the facility, the Resolution does not ask for a specific location for the emergency shelter to be identified or recommended.”
The Board accepted its staff’s opinion and agreed that six-months would be a more suitable length of time, allowing for the completion of a study that would include input from partner organizations along with a list of other possible locations for the shelter. The Cochrane DSSAB passed Resolution 23-079 on August 1, 2023, to conduct a review of Living Space and a request for proposal was issued, then on September 21, 2023, the Board passed Resolution 23-095 (Emergency Shelter Review) and at a cost of $156,250, awarded Third Party Public the Living Space Review contract.
On September 22, 2023, it came to the attention of the CDSSAB’s homelessness program administration that the emergency shelter may be in non-compliance with shelter standards, specifically, the sections concerned with diversity and inclusion, training and required experience and qualifications for new hires, services restrictions, and personnel also received reports of concerning conduct directed towards homeless patrons of the shelter.
With the cooperation of the Board of Living Space North Against Poverty, the CDSSAB commenced an operational audit and investigation into the issues brought forward and compliance with the Emergency Shelter Standards beginning October 2, 2023, and concluding in March of 2024. The in-depth review was led by the consultant Third Party Public, and included staff and patron interviews, community consultations and online meetings over the period of six months.
In addition to conducting the operational audit and investigation and review of the operations which began October 2, 2023, and that could be done in two to six-weeks to complete depending on the information that’s reviewed. A Management Service Agreement was approved on October 6, 2023, by the Living Space Board of Directors. The CDSSAB will be taking over management beginning November 1, 2023, and is seconding staff to manage the facility for the next six months. But that decision is not related to the audit over non-compliance with its standards, the Report says there is instability at the board governance level, and the executive director had given notice that they’re leaving the role on October 31, 2023, so, in trying to provide a solution to that change in leadership, the CDSSAB offered to provide a management service.
And a firm called ‘Third Party Public’ is in the process of reviewing the way Living Space delivers services. Its been meeting with agencies that are connected to Living Space, politicians, shelter employees, local residents, including some with lived experience.
With the temporary management change the CDSB will provide reports to the Living Space Board of Directors and take direction from them, while providing recommendations on service delivery.
However, the consultant named as responsible for the audit, Third Party Public has since denied any involvement in. Their role, as publicly documented, was they were retained by CDSB to conduct the Living Space Review (See Board Resolution 23-079), which in turn, was being done as a result of a request from the City of Timmins (See Resolution 23-233 Living Space Relocation Review). There was a concurrent process undertaken related to a review/audit of operations that our organization had no role in.
Their work which focused on community engagement, long-term shelter planning, and relocation options, included interviews, surveys, and recommendations presented to Timmins City Council in April 2024. They continued to facilitate the Neighbourhood Liaison Group (NLG) which the CDSB created to stay better connected with people living and working around the Living Space emergency shelter. The NLG was launched in July 2024 to maintain transparency and community engagement through April 2025 and published monthly updates on the Living Space Review website.
There are many different individuals, businesses, organizations, institutions, and other interests that are connected to and/or impacted by the location of the emergency shelter. The Relocation Review welcomed any and all voices interested in participating in the process.
The review, which saw participating oversight from a steering committee comprised of local agencies for greater transparency has started and is being conducted by Third Party Public and in collaboration with Eagle Cree Consulting to get an understanding of what people think about relocating the shelter has been gathering the public’s ideas on the subject since October 2023.
On November 20, 2023, the Living Space Relocation Review team from Third Party Public and Eagle Cree Consulting held a working session with some members of the CDSSAB Board and Senior Management to share the results of Part 1 of the Living Space Review and seek feedback on factors to consider when contemplating the relocation of the Living Space emergency shelter.
As facilitators that are not advocating for any particular outcome of the Relocation Review, the intent is to capture the perspectives shared during the discussion, not to assess the merit or accuracy of any of these perspectives. This summary does not indicate an endorsement of any of these perspectives on the part of Third Party Public or Eagle Cree Consulting.
A draft of this summary was subject to participant review before being finalized. Suggested edits have been incorporated. If you have any questions about this summary, please contact Third Party Public at [email protected]
Note: that no objectives were raised to any of the comments made by the participants, however neither was every participant asked if they agreed with every point. As a result, this summary reflects the range of perspectives shared and should not be interpreted as consensus on the part of the participants nor the CDSSAB.
Part 3 focused on reviewing the draft outcomes of the Relocation Review and collaboratively refining them. This was an important step to delivering a Relocation Review process and final report with outcomes that are useful inputs to those responsible for decision-making related to the relocation of the emergency shelter, including the CDSSAB and the City of Timmins.
The Toronto based consultant Third Party Public released its final report on March 13, 2024, outlining people’s thoughts and concerns around the Living Space shelter in Timmins, its location and its level of service.
Some solutions could produce results immediately. Other solutions need to start right away but will require ongoing efforts, such as work required to build trust and collaboration between Indigenous and nonindigenous communities on which the long-term sustainable resolution of tensions related to the Living Space emergency shelter depend. Many of the issues identified in the community are complex, systemic issues that require significant policy and funding reform at the provincial and federal level.
The Steering Committee has said that it will create and propose an Action Plan, including a funding Plan, to the CDSSAB Board of Directors at the meeting March 21, 2024. Based on the outcomes of that Board meeting, the Action Plan will be forwarded to Timmins City Council in April 2024, and then on an ongoing basis, the work will need to be done to respond.
At the March 21, 2024, CDSSAB board meeting, the board passed resolution #24-038, which accepted the report. and directed CDSSAB administration to prioritize available funding, source additional funding as needed, and engage all parties with interest to realize the outcomes of the report which includes the immediate improvement of shelter operations, the possible relocation of the shelter and / or the creation of alternate and supportive shelter programs and locations as needed, and that the review report and recommendations be forwarded to City of Timmins Council.
The management agreement between CDSSAB and Living Space was originally set to conclude in March of 2024, however, due to the urgent issues identified, this resolution effectively extended CDSSAB’s active involvement and they continued to play a lead role in implementing reforms and coordinating services.
Participants in the Relocation review had very different understandings of the emergency shelter run by Living Space, including its history, who is responsible for running it, who uses the shelter, and how it is funded and governed.
What about relocation?
The consultant highlighted in its report that the shelter’s location ended up playing a minor role in the overall review and that the process brought to light for the first time a list of issues and desired solutions. “In terms of the businesses and homeowners, they did not see enough in the outcomes how negatively they’re being impacted. There’s clearly an urgency to fix existing shelter issues,” Nicole Swerhun said.
Another concern Swerhun noted from the Review, “is that there are people and organizations in Timmins that are not aware of First Nations histories, cultures, or the intergenerational impacts of colonization. We heard that too few people understand that this province and this country are built on negotiations with First Nations and that everyone shares in the benefits and obligations of those treaties. If the shelter is relocated now, without addressing the current operational issues with Indigenous communities that are needed to help serve the individuals that use the shelter, it will create a bigger issue.”
There were participants in the Relocation Review who said that many things are happening in Timmins to try and address the issues raised. There are many different organizations and governments working together to implement plans, policies, and initiatives to make things better.
In response to feedback received during the Living Space Relocation Review, the CDSSAB has restructured resources internally so the housing team can focus even more on the building of additional housing units. CDSSAB is also focusing on partnerships which are key to ensuring wrap-around services are provided so people can stay housed long-term.
The CDSB is also working to find ways to provide new supportive housing options that reduce the demand on the Living Space emergency shelter. These processes take time, and CDSB is committed to providing public updates as the work unfolds.
The CDSB is exploring several options and sites based on feedback we received from the community during the Living Space Relocation Review.
There are many actions underway at CDSB to respond to the solutions suggested by participant during the Relocation Review. All local key service partners have been approached about identifying and costing possible locations for transitional and supportive housing that provide people with alternatives to relying on the emergency shelter. Now the focus is on resources to find and support these sites.
A lot is already happening to try address the issues raised, the board did not wait for the final report to begin implementing recommended action items for Housing and Ontario Works staff.
The CDSB is working with Living Space to improve operations at the emergency shelter on Spruce Street and to strengthen relationships with Indigenous communities. At the same time, CDSB remains open to relocating the emergency shelter, if a better location is identified. Any relocation would need to weigh the many potential benefits and risks shared during the Living Space Relocation Review.
The CDSSAB is creating a Neighbourhood Liaison Group (NLG) to stay better connected with people living and working around the Living Space emergency shelter. The NLG was launched in July 2024 to maintain transparency and community engagement through April 2025, and will be facilitated by Third Party Public, the organization that led the Relocation Review.
Actions where CDSSAB/CDSB will lead:
Create and convene a public advisory / liaison group for neighbours and service providers, including Living Space, to meet monthly to report back on the progress of implementing the suggested solutions from the Relocation Review. The NLG was launched in July 2024 to maintain transparency and community engagement through April 2025, and will be facilitated by Third Party Public, the organization that led the Relocation Review.
Actions where CDSSAB/CDSB will compel others:
Require Living Space to stabilize their governance to receive funding.
Use additional resources to support staff, including strengthened training.
Ensure trauma-informed care and harm reduction are standard operating processes within the shelter.
Require the shelter provider to have a plan to add Indigenous staff, offer services in Cree and English, and operate in a culturally safe way.
Ensure funds dedicated to other organizations to support Living Space are being used to support shelter clients. Create accountability agreement for all parties (ex. Public, Indigenous, Service partners, PWLE) facilitated by an objective non-partial agent. Terms of reference for this need to be developed.
Require completion of Indigenous cultural competency training by all organizations funded by the CDSSAB/CDSB.
The Living Space Review was presented to the City of Timmins Council, by Brian Marks, Chief Administrative Officer of the Cochrane District Social Services Administration Board (CDSSAB), and Nichole Swerhun, Managing Principle of Third Party Public and the Living Space Review Consultant.
“One of the real benefits from this six-month review was the nature of the process employed by Third Party Public, because one of the criticisms we heard in the past, not only about homelessness and the issues associated there with, but also just with the services delivered by CDSSAB/CDSB has been a lack of transparency. I think this process went a long way in clearing that up and making sure people were aware of exactly how they could speak to the issue, how they could engage in the process and how they could participate,” said CDSB CAO Brian Marks.
Nicole Swerhun walked through a summary of the six-months of work, “that led to the conclusion of the review, it was very much the process that led to the outcomes.”
The City of Timmins’ response was procedural, administrative, and supportive, they requested the relocation review, received and acknowledged the final report, hosted a special meeting to hear the findings. They accepted that there is an urgent need to act along with a commitment from CDSSAB to prioritize funding and begin implementation work on the 36 recommended solutions addressing 17 key issues, and they supported ongoing neighbourhood engagement as part of the follow through.
emails were sent to Key Individuals and copies
The Honourable Rob Flack, Minister of MMAH
The Honourable Michael Parsa, MCCSS
The Honourable George Pirie, Minister of NEDG
The CDSB:
the CDSB Board of Directors
the Chief Administrative Officer Brian Marks
the Housing Services Director Lindsay Cu***ng
the Communications Manager Kaileigh Russell
the Members of Council for the City of Timmins
Third Party Public, Nicole Swerhun
The broader public has been significantly influenced by intentional miscommunication intended to manipulate public perceptions. I respectfully request immediate attention from the Ontario Ombudsman to address serious governance failures, restore public trust, and ensure transparency and accountability in the operations of CDSB.
Sincerely yours,
James McMahon
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