Montague Township will not appeal Charter court ruling that gave municipality a national black eye
Smiths Falls (10 March 2006) - The Ontario Township of Montague, ruled by a haughty local council that tried to use taxpayers' money to sue one of its own residents for defamation, has finally seen the light.
Reeve Gary Doyle has now conceded that he and his colleagues will make no attempt to appeal an Ontario Superior Court decision declaring that they violated Canada's Charter of Rights and Freedoms by suing resident Donald Page for criticizing the performance of local officials.
A retired public employee, Page happened upon a fire (in which a local woman died) and was so upset by what he saw that he wrote a letter to the provincial fire marshall complaining about the skills of the township's volunteer fire fighters.
In a decision handed down on Jan. 31, Justice Kenneth Pedlar denounced the action taken by Doyle and his fellow council members, David Schoular, Bill Eckersley, Lita Richards and Vince Carroll.
Not only did their case violate Canada's national Charter, he said, it offended the spirit of the Ontario Municipal Act and other international precedents dealing with the right of citizens to speak out against elected governments.
'An absolute privilege'
"In a free and democratic system, every citizen must be guaranteed the right to freedom of expression about issues relating to a government as an absolute privilege, without threat of a civil action for defamation being initiated against them by that government," Pedlar wrote.
The judge found there was no need to examine the merits of statements filed by both sides in the dispute. If council members wished to pursue the matter further, they were free to do so as individual citizens, using their own money, but they could not do so collectively as an elected body, he declared.
Doyle said following a recent council meeting that he and his colleagues will "monitor the situation" but will not attempt to pursue the case further.
However, there seems little for Doyle and his colleagues to monitor, apart from the fallout of the disastrous national publicity they managed to bring upon themselves and their township, located about an hour southwest of Ottawa.
The case was so heavy-handed and anti-democratic that it attracted attention across the country and beyond.
It was followed closely by the National Union of Public and General Employees (NUPGE) because of its potential impact on all individuals and groups, including unions, who deal directly with municipal councils and other levels of government. NUPGE
More information:
• Ontario township's defamation suit against citizen thrown out
• Man targeted by Montague Township awaits decision
• Dangerous lawsuit against citizen filed by Ontario township
• Montague Township web site
• Montague Ratepayers' Association
• 'The worst day in the history of the township' - MRA news release pdf
Digg
Reddit
Facebook
Twitter
Google
