MB Court of Appeal hears case of St. Andrews mayor removed from certain duties as election looms
A legal battle hangs over the race for mayor in the R.M. of St. Andrews north of Winnipeg, a dispute that on Wednesday reached the Manitoba Court of Appeal.
Incumbent mayoral candidate Joy Sul was elected mayor in 2018.
A year later, a majority of council voted to pass a bylaw to remove key duties from her including serving as chair of meetings and spokesperson for the R.M. Duties now undertaken by a new chair of council named to replace Sul.
“What is scary, why is there a mayor ballot if you can just draw a name out of a hat?” Sul said outside court on Wednesday, after a panel of three justices heard arguments in her appeal.
Those duties she was stripped of are typically done by the mayor as set out by Manitoba’s Municipal Act, which Sul’s lawyer John Stefaniuk argued can’t be undone by municipal councils.
“We’re hoping that the court will take a good look at the action of the municipality and find that the only reasonable interpretation of the Municipal Act does not allow council remove the chair function of a mayor or a head of council,” Stefaniuk said outside court.
Manitoba Court of King’s Bench Justice Vic Toews previously dismissed Sul’s case for a judicial review of the council’s actions.
Stefaniuk argued if the appeal court upholds that decision it could have consequences for others elected to municipal office in the province.
“We see this as a significant issue, especially for women and other underrepresented groups who sit on municipal councils,” Stefaniuk said.
Court heard there was no evidence Sul was removed specifically because she’s a woman. Her lawyer conceded council wasn’t running as smoothly as it should. Something Bernice Bowley, the lawyer for the R.M. of St. Andrews and current chair of council John Preun, keyed in on during her arguments.
“In passing the bylaw and resolution as it did, the municipality certainly had a reasoning processing that it was properly interpreting the legislation in order to do that,” Bowley argued in court.
“There was and is sufficient evidence that there were problems with governance conduct.”
Preun, who’s named as a respondent in the appeal and replaced Sul as chair of council, is now challenging her for the mayor’s chair in the upcoming election.
He said the dispute played a role in his decision to run.
“I would like this to be behind us so that we can bring back a government that this community deserves and move forward in a reasonable fashion,” Preun said on Wednesday.
Court heard whoever’s elected would regain the traditional role of mayor, despite the bylaw passed to remove Sul from some of her duties.
Sul said she has little to gain but a lot to lose, noting challenging this move has cost her personally around $80,000.
“There’s no financial gain for me in this,” Sul said. “It affects every mayor in all 137 municipalities.”
Bowley argued otherwise. She told the court the issues in the application are not a matter of public interest and the decision doesn’t have implications for the public at large or other municipalities.
The three Court of Appeal justices reserved their decision in the matter.
No date for a ruling was given.
CTVNews.ca Top Stories
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.