Floreat Grimsby In Medio Horti

Category: Other News (Page 1 of 5)

“Save Grimsby” Petition on Grimsby CAO Gains Media Push (Audio)

Photo Credit: St. Catharine’s Standard/Abby Green/Fair Dealing

As mentioned in our previous post, a petition requesting the Province look into recent actions of Grimsby CAO Mr. Harry Schlange, is now gaining steam in the media. Local talk-radio station CKTB had an interview this morning with Grimsby resident Mark Kossek, who started the petition which has garnered nearly 1,000 signatures to date.

Continue reading

Town Legal: Motion to Make Mayor Pay $1,302.62 “Not Authorized” By Law

Photo Credit: Creative Commons / www.allenandallen.com

A late addition to tonight’s Committee of the Whole agenda is interesting correspondence from the Town’s legal firm, Aird & Berlis. In the letter, John Mascarin provides legal clarification on a recent motion ordering the Mayor to pay $1,302.62 due to a breach of the Code of Conduct that was deemed by the IC as being “trivial and without consequence”.

Continue reading

NewsNow: Resident Threatened With Charge Under Elections Act For Sign

According to an article in the latest NewsNow, one resident was threatened with charges under the Elections Act for displaying a sign that was classified as an “election sign”.

The sign in question says “Who Speaks For The People of Ward 3?”

The Town’s “Sign By-law” 97-45 (link here) is the current in-force By-law regarding signs and it defines an election sign as follows:

There certainly is no municipal, regional, provincial or federal election underway nor does the sign appear to support a candidate or political party. What the sign appears to support is the exercise of Section 2(b) of the Charter of Rights and Freedoms or simply “freedom of thought, belief, opinion and expression”.

It is not an absolute right, as Section 1 of the Charter can curtail rights with “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society” on the freedom of expression. For instance, the pre-COVID adage of “you can’t yell fire in a crowded theatre” serves as an example.

In this case however, should the resident decide to pursue a Charter case, Town administration and their legal team would be hard-pressed to prove that the sign By-law can revoke that enshrined right. Section 1 of the Charter sets a very high bar.

Interestingly enough, one of the Town’s legal team, Mr. John Mascarin, co-penned a legal brief in 2002 entitled “Is The Writing On The Wall For Sign By-Laws In Canada?”. In that paper, the authors reviewed a then-recent Supreme Court of Canada decision on signs and how Charter rights and municipal sign By-laws interact.

“Given that the sole purpose of municipal regulation is to place limits on the means of expression, applicants have had little difficulty meeting their onus of showing that there has been a prima facie infringement of their rights.

The difficulty from a municipal lawyer’s perspective is that, once the
onus has transferred, justifying limitations in a sign by-law is extremely difficult under the rigorous s. 1 test.”

You can read the entire paper at this link here.

The current sign By-law dates back to 1997 and since that time there have been significant decisions that affect the enforceability and application of this type of By-law. Perhaps it is time for Council to look into this specific matter and bring this document into conformity with legal practice and judicial standards.

You can read the full NewsNow article at the following link:
https://www.wn3.ca/2021/02/03/resident-threatened-with-charge-under-elections-act-for-sign/

Town Releases Statement on Completion of Workplace Investigation

NPR stated “often, the White House sets the release of bad news and unflattering documents to late Friday afternoon.”

Late Friday afternoon, the Town issued the following statement:

Grimsby, ON – On June 4, 2020, Council for the Town of Grimsby convened a Special Meeting to receive and consider a confidential report from Mr. John Curtis who was retained to conduct a workplace investigation.

The investigation stems from incidents that occurred or were alleged to have occurred in 2019 and 2020. Council directed that an independent third-party be retained to investigate and report on any allegations and upon other related matters.

The investigation was confidential and was conducted over a three-month period. On June 4, Mr. Curtis presented his comprehensive confidential report to Council. The report set out five (5) recommendations, all of which were unanimously accepted and adopted by Council. The Town will be proceeding with all the recommendations through its legal counsel.

The investigation has now concluded and neither the Council nor Town staff will be providing any further comment in respect thereof.

Council will work together with staff to ensure that the Town continues to be a safe work environment and that the municipality will strive to be the best that it can be. Council is committed to its vision for the Town and fully supports its CAO, and in implementing the Town’s strategic priorities to ensure that vision is achieved.

Contact:

Sarah Kim, Town Clerk
905-945-9634 Ext. 2015
skim@grimsby.ca

Source: Town of Grimsby Website – Link

« Older posts