Murray Harbour councillor seeks judicial review

John Robertson was suspended over sign he put up on his property

A Murray Harbour councillor who is facing calls for his resignation due to a controversial sign on his property has filed court documents calling for a judicial review alleging breaches of his rights.

Over the weekend of National Day for Truth and Reconciliation in September 2023, Coun. John Robertson put up a sign on his property that dismissed children's graves at former residential schools as a "hoax" and called for the redemption of "Sir John A.'s integrity."

Abegweit First Nation Chief Junior Gould called the sign unacceptable and condemned it. Murray Harbour Mayor Terry White called for Robertson's resignation.

The municipality’s council then imposed sanctions on Robertson after concluding that he had acted against the code of conduct, as stated in the Municipal Government Act.

“Members of the council are keepers of the public trust and must uphold the highest standards of ethical behaviour,” parts of the code of conduct say.

Robertson was suspended from his position as councillor and removed from his position as chair of the maintenance and infrastructure committee.

He was also fined $500 and asked to tender a written apology.

According to court documents filed on Feb. 16, the council did not vote to determine if Robertson breached the code of conduct, nor did it provide reasons for issuing those sanctions.

The documents argue that Robertson’s statements were made in his capacity as a member of the public and not while carrying out his functions as an elected member of the council.

“The decision (of the council) was unreasonable in that it failed to properly account for Mr. Robertson’s fundamental right to freedom of thought, belief, opinion and expression as guaranteed by the Charter and was itself unauthorized by law.”

Robertson failed to comply with any of the sanctions imposed by the council.

Then on Dec. 20, 2023, Housing, Land and Communities Minister Rob Lantz ordered Robertson to either comply with the council sanctions within 48 hours or resign by Dec. 31, 2023.

Robertson did not comply with Lantz’s order.

On Jan. 19, 2024, Lantz revoked his order and instead ordered an investigation, which is still ongoing.

The court document says all sanctions were unreasonable, and it wants the Supreme Court of P.E.I. to review if the council had any legal right to impose those sanctions on Robertston and if he breached any part of the council's code of conduct.

A hearing before the Supreme Court of P.E.I. for this case has not yet been scheduled.