WINNIPEG -- The Mayor of the R.M. of St. Andrews is taking legal action against her deputy mayor and the municipality after council voted to strip her of key powers.
It's a step her lawyer is calling "unprecedented," alleging the decision from council was biased, discriminatory and breached voters' democratic rights.
On Friday morning a notice of application for a judicial review was filed in the Court of Queen's Bench, calling on the court to look into, and quash the decision to remove Mayor Joy Sul as chairperson and spokesperson for the R.M. of St. Andrews.
"The decision that was taken is, number one, undemocratic. It removed the mayor from her position for which she was elected for by the voters," said Norman Boudreau, Sul's legal counsel. "It is important to ensure that something like this does not repeat itself again -- to put an end to it."
On Dec. 16, 2019 a majority of St. Andrews councillors voted to remove Sul as chairperson and spokesperson for the R.M., both positions traditionally held by an elected mayor. The decision left Sul as mayor in title only.
READ MORE: St. Andrews Mayor stripped of power at packed special council meeting
Boudreau said this is the first time this kind of legal action has been taken against an R.M. in Manitoba.
Norman Boudreau (pictured), the legal counsel for Joy Sul, mayor of the R.M. of St. Andrews, says the decision to remove key powers from the mayor is a breach of voters' democratic rights. (Source: Danton Unger/ CTV News Winnipeg)
"When it’s a flagrant denial of justice I think we have to act, and this is the reason why we are doing this."
The notice of application obtained by CTV News claims the "council acted in excess of its jurisdiction" and their actions "breached the democratic rights of the voters of the R.M."
It calls for court to prevent St. Andrews Deputy Mayor John Preun from acting as chairperson and spokesperson for the R.M. He was voted into both roles by council after Sul was removed on Dec. 16.
Boudreau said the R.M. was notified of the legal action Friday morning, but the R.M. told CTV News it had not been informed of the notice as of Friday afternoon.
Preun, who is the spokesperson for the R.M., told CTV News he's not surprised by the legal action. He said the decision to remove the mayor came after months of combative behaviour within council. He said it was difficult for council to make progress on any issues.
"If she didn't agree with it, she would go and seek legal advice or talk to higher levels of government to get whatever resolution it was to be overturned, and when she couldn't do that, chaos ensued," Preun said.
When asked if the decision went against voters' rights, Preun said it is the council's responsibility and obligation to represent all taxpayers.
"We went through the proper procedures and we believe that what we did was in the best interest of all of St. Andrews residents."
There will be a hearing regarding the matter in the Court of Queen's Bench on Jan. 21 in Winnipeg.
None of the allegations in the legal filing have been tested in court.
