Township of Russell bars elderly resident from entering municipal offices after criticizing municipal officials
Ottawa (7 June 2006) - The Township of Russell, about 40 kilometres southeast of Ottawa, has become the latest flashpoint in the war between citizens and municipalities over the right to freely criticize elected officials in Canada.
The new spat, like the one that occurred earlier this year in the Township of Montague, about 100 kilometres southwest of Ottawa, has implications for individuals — and groups like unions — who deal routinely with municipal politicians and officials.
Jacques Aube, 75, a retired airman and former school trustee, was notified by Mayor Michael McHugh last November that he has been barred from municipal offices.
Aube attended municipal meetings on a regular basis and asked a number of pointed questions about an environment ministry report on the township's master plan last fall.
Accusation denied
McHugh accused Aube of being abusive to a township staff member and banished him from entering offices, citing Ontario's Trespass to Property Act as his authority to issue such an order. Aube denies that he was disrespectful, merely persistent in his criticism of the council's actions.
The act allows "a person who has responsibility" for any premises to prohibit another person from entering. Fines of up to $2,000 can be levied. But the act does not apply to anyone "acting under a right or authority conferred by law."
The Canadian Civil Liberties Association (CCLA), which also intervened in Montague, thinks the mayor and council have gone too far and are prohibiting Aube from participating in a proper way in public life.
Josh Paterson, a CCLA spokesperson, told council members at a meeting this week that citizens have a right to freely express opinions about the actions of elected representatives and to persist, badger, cajole and criticize if they wish.
"Governments have lots of ways to respond to criticism," the Ottawa Citizen quoted Paterson as saying. "They shouldn't resort to banishment of citizens. That's an inappropriate use of power."
He suggested the two sides try to resolve their differences through an independent arbitrator.
Montague case thrown out
In the case at Montague Township, about 100 kilometres southwest of Ottawa, the mayor and council sued Donald Page for libel after he criticized the competence of local firefighters in a fire that claimed a woman's life.
The civil liberties association intervened, accusing the township of infringing on Page's right to free speech as guaranteed by the Canadian Charter of Rights and Freedoms. The court sided with Page and threw the case out without a trial. NUPGE
More information:
• Ontario township abandons defamation case against citizen
• Ontario township's defamation suit against citizen thrown out
• Man targeted by Montague Township awaits decision
• Dangerous lawsuit against citizen filed by Ontario township
• Russell Township web site
• Montague Ratepayers' Association
• 'The worst day in the history of the township' - MRA news release pdf
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