Members of the public are also encouraged to sign and share the CCF’s petition demanding that Murray Harbour Council drop the sanctions and that Minister Lantz end his inquiry at theccf.ca/drop-the-sanctions/
CHARLOTTETOWN – The Canadian Constitution Foundation (the “CCF”) is pleased to announce that it is assisting a municipal councillor in Prince Edward Island facing unconstitutional sanctions and possible removal from council simply for exercising his right to freedom of expression.
John Robertson is a retiree who volunteered for a position on the municipal council of Murray Harbour, P.E.I. (pop. 282) in 2022 because he wanted to give back to his rural community.
Robertson felt dismayed about what he views as lies perpetuated in the mainstream media related to the discovery of unmarked graves at Indian Residential Schools, which have been labelled “mass graves” by some journalists despite scant evidence for that particular claim. To try to set the record straight, last September Robertson changed the plastic letters on a wooden sign on his private property in Murray Harbour to spell out a provocative message: “TRUTH: MASS GRAVE HOAX. RECONCILIATION: REDEEM SIR JOHN A’S INTEGRITY.”
On October 4, 2023 Robertson was informed of an official complaint by three fellow councillors under the village Code of Conduct. Council then hired a former RCMP officer to investigate the sign. The officer found that Robertson’s sign breached Code provisions against “unethical behaviour,” “inspiring public trust and confidence,” and “discrimination, intimidation, and harassment.”
On November 18, 2023, Murray Harbour council voted to impose a maximum penalty: a $500 fine, six-month suspension, and forced apology. Robertson refused to comply with those sanctions.
On December 20, 2023, Minister Rob Lantz ordered Robertson to comply or resign. Robertson refused.
On January 19, 2024, Minister Lantz launched an inquiry that could lead to Robertson’s removal from village council.
The CCF is deeply concerned about the fact that code of conduct bylaws – rules meant to deter bad behaviour like conflicts of interest and abuse toward staff – are increasingly being weaponized by local officials to silence the constitutionally-protected speech of their opponents.
CCF Executive Director Joanna Baron said the sanctions against Robertson are especially egregious.
“Mr. Robertson expressed an opinion on a matter of public interest on his private property,” she said. “There’s no doubt his comments were controversial, and possibly even hurtful to some people, but we wouldn’t need constitutional protection for expression if everyone agreed all the time.”
CCF Counsel Josh Dehaas said that if members of the public disagree with Robertson’s comments, the proper place to express that disagreement is at the ballot box.
“Municipal councillors should not face sanctions or possible removal for their political speech, even if that speech is controversial.”
Robertson is being represented in a motion seeking to have an application for judicial review heard in the Supreme Court of Prince Edward Island by Brandon Forbes, Partner at Campbell Lea in Charlottetown, with assistance from the CCF and its donors.
Members of the public interested in supporting the legal fees associated with this case can make a tax-deductible charitable donation at theCCF.ca/donate
Members of the public are also encouraged to sign and share the CCF’s petition demanding that Murray Harbour Council drop the sanctions and that Minister Lantz end his inquiry at theccf.ca/drop-the-sanctions/
(Photo of John Robertson courtesy of Sam Mackenzie).
