Injunction seeks to overturn plebiscite
Witless Bay resident files application in court over municipal plan chosen in vote mandated by minister
A Witless Bay resident wants to stop the provincial government from imposing a municipal plan chosen by plebiscite.
Ed Vickers, head of Friends of Ragged Beach, filed an injunction Sept. 24, a week after the plebiscite, ordered by the provincial government when the town’s council — beset by lack of quorum and allegations of conflicts of interest — couldn’t pass a new municipal plan.
Residents who voted opted for a version of the plan proposed by the previous council, in 2013, over a different version put forth last year.
Vickers’ injunction accuses Municipal Affairs Minister Keith Hutchings of “abusing his authority” both in ordering the plebiscite and ordering the town to now adopt the plan chosen by residents. Further, argues Vickers, the version chosen by residents isn’t a valid plan because it never went through the same public review process as the second version.
“We’re trying to slow this thing down. It’s going like a steamroller here,” Vickers told The Telegram this week. “The minister is way beyond his authority here. … The plan that the minister is putting in, we deem that to be invalid. It doesn’t exist.”
Vickers’ said the 2014 plan also prevents residential development by a nearby seabird ecological reserve, an important issue for the Friends of Ragged Beach.
“When you have a 2014 plan that has gone through a public hearing, there is no ’ 13 plan. It disappears,” he said.
“The plebiscite to ascertain (residents’) views on the ques- tion, it doesn’t allow for policy options. The minister has put that out as a choice — he’s transferred the authority of the town council over to residents, with a very short window of five days. … This thing was rushed so bad, there’s hardly anybody, on our supporters’ side, that even understood what was going on. So the plebiscite has no legitimacy whatsoever.”
The hearing on the injunction is set for Nov. 9 in Newfoundland and Labrador Supreme Court.