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MURRAY HARBOUR, P.E.I. – The Government of Prince Edward Island has confirmed that it has dropped an inquiry into a village councillor that could have led to his removal from public office for exercising his freedom of expression.

John Robertson, a councillor in Murray Harbour, P.E.I. (pop. 282), questioned the media narrative that children’s bodies had been discovered using ground penetrating radar at the site of the Kamloops Residential School. Mr. Robertson owns a signboard outside his home, where he posts various messages. In October 2023, he changed the plastic letters to spell out a provocative message: “Truth: Mass grave hoax. Reconciliation: Redeem Sir John A’s integrity.”

This message offended many members of the local community, leading his fellow village councillors to sanction him with a $500 fine, removal from his position as chair of a committee, a six-month suspension, and an apology to his fellow council members and Indigenous peoples. 

When Mr. Robertson refused to comply with these code of conduct sanctions, the province ordered an inquiry to determine whether he should be removed. That inquiry has now ended.

With the assistance of the Canadian Constitution Foundation (CCF), Mr. Robertson challenged the sanctions on judicial review as contrary to the freedom of expression protected by the Canadian Charter of Rights and Freedoms. Although the court found that Mr. Robertson had missed the 30-day deadline for judicial review, a lawyer for the municipality conceded in court that Mr. Robertson had raised at least an arguable case and the judge agreed. 

The CCF was prepared to defend Mr. Robertson had the province continued the inquiry.

Josh Dehaas, CCF Interim Litigation Director said he was pleased the matter is now closed.

“No councillor should be removed from his or her position simply because they expressed a controversial view,” Dehaas said. “Municipal codes of conduct are meant to protect taxpayers from graft and staff from harassment, not to police speech.” 

“I want to thank Mr. Robertson for standing up for freedom of speech in Canada,” Dehaas added. “His bravery has had an impact well beyond P.E.I., with provinces like Ontario and Alberta updating their code of conduct legislation to reduce the risk to freedom of speech.”

Mr. Robertson said he wanted to thank the Canadian Constitution Foundation and the Canadians from coast to coast and even abroad who supported his fight for free speech.

“I hope this serves as a lesson in the importance of our Charter rights,” Mr. Robertson said. “People died for these rights and freedoms and we have a duty to know and honour them.”

The CCF wishes to thank Brandon Forbes, of Campbell Lea in Charlottetown, for his excellent advocacy on the file, and also thanks all of the donors who stepped up to assist Mr. Robertson.