"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Monday 21 January 2013

MUM'S THE WORD

I say it all  the time. It's never a good idea to think the Municipal Act or any other law can be understood by a simple reading. 
An application to quash a bylaw is a road untraveled .
When The Town's Reeve made application to the O.M.B. in 1967,I know only what I was told. No details. 
When I read the answer that came up on the Google search that Application to Quash  a Bylaw could be made under Section 273(1) on the Municipal Act, I made an assumption.
thought  because it was in the Municipal Act, it meant an application  to the Ontario Municipal Board.
I jumped the gun.  
Clause 273 (1) of the Municipal  Act states an application can be made by any person to a Superior Court of Justice  to quash a municipal bylaw.
Sounds straightforward. Any person can mean me.
On the other hand, as a Councillor, my responsibility is to save the town harmless. 
In matters of litigation, Councillors are advised to zip their lips.
Municipal  litigation usually  has to deal with  land  acquisition, sales, development .or construction issues. 
Not talking  is not a hardship. 
Need for confidentiality is obvious.
But there is no-one, including most members of the current council, as familiar with the various twists and turns that brought  the town  to an unnecessary  contract  with a self-appointed autonomous board of strangers to govern a  small  facility with public funds for a period of twenty-three years.
It is a Councillor's  responsibility to save the town harmless.
Nothing in my experience leads me to believe this contract is  in the town's  interest. 
Nothing in the arguments of other Councillors, particularly the Mayor, causes me to doubt my own  judgment.
The  argument the purchase  is the same as for snow-plowing or garbage collection  is without substance, logic or credibility.
But above all  else, the process that brought us to the point of signing  this  contract was neither open nor transparent.
It cannot be said to have been in good faith. 
I still have work to do. 
I understand, there is no cost for a person to make application to a Superior Court of Justice  to quash a municipal bylaw. 
I need to confirm that. 
I understand the process is simply a matter of following steps. 
I need to confirm that.
I believe  it can be done in the Newmarket Court House.
I need to confirm that. 
We are on a journey of discovery. 
I am  in unfamiliar territory.
I welcome input.
Comments  however may have to  be confidential.         
        

2 comments:

Anonymous said...

Aren't there hundreds and perhaps more examples of this at all three levels of government, some provincial owned parks are operated non government agencies, the fed are looking for private operations of the experimental lakes, cultural operations in Toronto run by boards , what about LHN's , The Rouge Park has been run by a board for the last 15 years and the list is exhaustive -- it's a common model , the gov't owns and funds the facility, land or whatever and has contract with a un paid board of directors to provide governance of the operations. The old model of the government owning and operating everything is decades old and not as efficient . Maybe the town should run the music festival, the rib fest, the street sale the santa clause parade and the 150 anniversary -- you would probably only have to hire another 20 or so more staff

Anonymous said...

Hey, Lady, I don't know where you are going. But would you mind if I hitched a ride? We seem to be heading in the same direction.