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
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Broadcaster and commentator Rex Murphy dead at 77: National Post
The National Post is reporting that Rex Murphy, the pundit and columnist who hosted a national call-in radio show for decades, has died.
Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Millions of cyberattacks per hour as B.C. government investigates multiple breaches
Careful attention to government statements and legislation is required to get a handle on the level of risk British Columbians’ information is under, as investigators probe multiple breaches under a continued barrage of attacks.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
New 'Lord of the Rings' film coming in 2026
The Oscar-winning team behind the nearly US$6 billion blockbuster 'Lord of the Rings' and 'The Hobbit' trilogies is reuniting to produce two new films.