Village voters on their own with council complaints
NWT law requires conflict allegations to be filed with Supreme Court
April Hudson
Northern News Services
Thursday, October 27, 2016
DEH CHO
Where municipal conflicts of interest are concerned, the only option for residents in the Northwest Territories is to take their allegations to the Supreme Court of the NWT.
The territory has a conflict of interest commissioner, Edmonton-based lawyer David Phillip Jones. Members of the public can file complaints with him if they believe an MLA stands to gain from decisions he or she are involved in but if the complaint involves a mayor or village councillor the complaint must be heard before a judge.
Residents have a window of three months to apply to the court after finding out about an alleged conflict of interest involving a municipal politician, according to the NWT's Conflict of Interest Act.
The issue has come to a head in recent weeks after Fort Simpson businessman Reg Bellefontaine filed a lawsuit alleging the village interfered in his chance for a "fair process" when he applied to the territorial government for a recycling depot licence.
Bellefontaine also seeks the removal of Coun. Michael Rowe from council, citing an alleged failure by Rowe to declare a conflict of interest in topics regarding his father's companies.
The suit names the Village of Fort Simpson and the Department of Municipal and Community Affairs as the defendants. It was heard in court for the first time on Oct. 14.
Bellefontaine stated in an e-mail to the Deh Cho Drum that he wants to see the issue of conflicts of interest become a shared responsibility.
"This responsibility could be shared by the local council, Municipal and Community Affairs, an independent ombudsman or even the police if needed," he stated.
"It is difficult for individuals to take the time to stand up for everyone and also incur the financial cost to (right) a community wrong by going to the Supreme Court of the NWT to file a complaint."
Several village councillors declined to give their opinion on the Conflict of Interest Act and the recourse voters currently have available to them.
Complex issue
Caroline Wawzonek, a lawyer with the Dragon Toner law firm in Yellowknife, deals with the Supreme Court regularly.
She stated the current solution for voters is a complex one.
"(Going to the Supreme Court) is not typically something an average person has a lot of comfort taking on and not something a lawyer is likely to do inexpensively," she stated in an e-mail.
"That is just the first step: an applicant would then have to go on to actually argue the matter in court."
Wawzonek suggested another option may be for complainants to attend public sittings, lobby other council members to put the matter on a meeting agenda or take the issue to a media organization in the hope of getting an explanation from the councillor in question.
Jay Boast, the communications and website adviser for the Department of Municipal and Community Affairs, stated in an e-mail that voters should first address their questions to their local council, which may be able to provide clarity on whether a councillor disclosed a conflict of interest.
If unsatisfied with the council's response, residents would then need to file with the Supreme Court, he added.
According to the Conflict of Interest Act, the complainant must state the grounds for which a judge should find a conflict of interest.
If the Supreme Court justice rules in favour of the voter, the judge can remove the councillor from office, disqualify the person from seeking election for up to five years and impose a fine of up to $5,000.
The Supreme Court can also decide a conflict of interest has occurred but allow the councillor to keep his or her seat if the judge believes the conflict of interest was inadvertent or due to a genuine error.
The Supreme Court's decision can be appealed to the Court of Appeal.
Each province and territory has their own way of handling municipal conflicts of interest.
Conrad Spezowka, media relations for Ontario's Ministry of Municipal Affairs, says in Ontario residents also apply to a judge to determine whether a contravention of the Municipal Conflict of Interest Act has occurred. However, that act is currently under review.
Additionally, as of Jan. 1, the Ontario Ombudsman has the authority to investigate municipal matters, Spezowka said.
As for New Brunswick, voters can seek the advice of a lawyer or file a complaint with their local law enforcement agency, according to communications officer Katharine Sidenius.
And in Manitoba, a Court of Queen's Bench judge must determine whether or not a complainant can apply to the court regarding a conflict of interest - at a cost of $300. An alternate option in Manitoba is for the municipal council to allege one of its councillors failed to declare a conflict of interest, in which the municipal clerk would apply to the Court of Queen's Bench.
In court Oct. 14, Tricia Ralph, representing the territorial government, and Edward Gullberg, representing the Village of Fort Simpson, met in Yellowknife to discuss the suit. Bellefontaine's lawyer, Rock Matte, phoned in for the hearing.
Ralph questioned why the Department of Municipal and Community Affairs is listed as a respondent.
"The government is not entirely sure we should be added as a party to this, so we will be looking into this," Ralph said.
Ralph and Gullberg also argued Rowe should be listed as a party to the action.
"It's fundamental that Mr. Rowe be added," said Gullberg.
He added the facts listed in the lawsuit "will be substantially in dispute."
- with files from Shane Magee
