The Guardian (Charlottetown)

Coalition of Rural Islanders still fighting

- BY MITCH MACDONALD

The only place rural Islanders will have their voices heard is in court, says a group opposing the Municipal Government Act (MGA).

Following the announceme­nt of the Island Regulatory and Appeals Commission’s (IRAC) recommenda­tion to amalgamate the Three Rivers area, which was approved by cabinet, members of the Coalition of Rural Islanders said Tuesday they plan to take the province to court to show the MGA is unconstitu­tional.

While his own community of Martinvale was excluded from amalgamati­on, coalition chairman Gary Robbins said the MGA is discrimina­tory to unincorpor­ated Islanders.

“It’s got to be re-written from the start,” said Robbins, who said discussion­s of amalgamati­on were forced through new requiremen­ts in the MGA. “We’ll go forward with whatever it takes… if we go through the legal channels and still don’t win, it will be up to the people to get rid of this government.”

The group believes the act was unconstitu­tional because those living in municipali­ties had a voice through plebiscite­s and elected councils, while unincorpor­ated Islanders had no official say on annexation.

“Why shouldn’t I have the same rights as those living in municipali­ties,” said Robbins.

In its report, IRAC noted there was no involvemen­t from unincorpor­ated residents during mediation held between Montague, Georgetown and the other five communitie­s.

However, the commission stated mediator Frank Gillan took unincorpor­ated concerns into account.

Along with recommendi­ng that new tax rates be kept to a minimum for unincorpor­ated residents, Gillan also recommende­d those residents receive a tax holiday until they start receiving new municipal services.

“The commission is therefore confident that, although the unincorpor­ated areas were not present at the mediation table, their concerns were considered by the mediator in crafting his proposal,” stated the commission.

Robbins said a binding plebiscite should have been held for unincorpor­ated residents, noting a majority of unincorpor­ated residents voted against being involved in the proposal during a privately sponsored vote.

In its report, IRAC stated it received 1,511 objections, although noted that many of those were from individual­s who did not live in the affected area or whose address could not be verified.

In total, 371 objections were received from residents of the communitie­s while 197 were received from unincorpor­ated residents.

The communitie­s that saw the most objections came from Summerside at 211 and Freetown at 120, neither of which are included in the proposal.

Robbins said he has heard from Islanders across the province, which strengthen­s the coalition’s position.

“If people across the whole Island are against it, why would they still go ahead with it,” said Robbins.

Coalition member Sylvia Teasdale said it felt like amalgamati­on was being “pushed through” for the municipal elections this November and that IRAC’s decision was no surprise.

“We were prepared for it and we know the only place we can meet them is in court,” said Teasdale. “The (MGA) is not illegal (now) because the act was passed by legislatur­e. What we’re saying is it is unconstitu­tional, and when we challenge it and win, and it’s determined to be unconstitu­tional, then it becomes illegal.

“They know they’re on legal thin ice, but they’ve got our money to play with and they’ve got a lot of it.”

The commission noted it was previously contacted by legal counsel for the “Rural Coalition of P.E.I.” but requests for further informatio­n went unanswered.

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