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CHARLOTTETOWN – A Prince Edward Island Supreme Court judge has found that a P.E.I. village councillor’s legal challenge to sanctions he received for a message on a private signboard cannot move forward because he did not file his judicial review on time.

The Hon. Justice Coady stated in his decision released on Friday that, although the Court was satisfied that Murray Harbour Councillor John Robertson’s judicial review had “a reasonable prospect of being successful on the merits,” he would not exercise his discretion to extend the deadline beyond the normal 30 days.

Robertson had argued that he intended all along to challenge the November 18, 2023 sanctions but that he was delayed until February 16, 2024 for a number of reasons, including travelling for the Christmas holidays, a serious head injury, and difficulty finding a local lawyer who could assist with the matter until the CCF stepped in to help. 

Murray Harbour fined Robertson $500, removed him from his position as chair of a committee, suspended him from council for six months, and required to write an apology to his fellow council members and Indigenous peoples after he wrote in 2023 on a private signboard located on his roadside property: “Truth: Mass Grave Hoax. Reconciliation: Redeem Sir John A’s Integrity.” When Robertson refused to comply with these code of conduct sanctions, the province ordered an inquiry to determine whether he should be removed. That inquiry is currently suspended.

CCF Counsel Josh Dehaas said that the decision was disappointing, but he was encouraged to see that Justice Coady agreed that the case has a reasonable prospect of succeeding had it been filed in time. 

“Mr. Robertson’s argument – that council failed to consider his Charter right to freedom of expression, and that council improperly found him guilty of discrimination, harassment and verbal abuse for political speech on a private sign board with no nexus to his Council duties – was so strong that the village ended up conceding there was an arguable case,” Dehaas explained.

Justice Coady wrote that: “At the risk of understatement” the concession that there was an arguable case “was a reasonable position for counsel to take in the circumstances.”

“The CCF will consider further legal action if necessary,” he added.

“Canadians, including those who step up to serve their communities in public office, have a right to express opinions, even if others find those opinions offensive,” Dehaas went on. “The whole point of protecting free speech is so that we can seek out the truth, and sometimes that requires putting forward controversial or unorthodox opinions.”

The CCF wishes to thank Brandon Forbes, of Campbell Lea in Charlottetown, for his excellent advocacy on the file, and all of the donors who stepped up to assist Robertson. The CCF is a legal charity dedicated to defending rights and freedoms.