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P.E.I. councillor sanctioned over anti-Indigenous sign seeks judicial review

Coun. John Robertson fined and suspended after claiming unmarked graves were a hoax
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A village councillor in P.E.I. is seeking a court order to quash sanctions imposed on him after he displayed a sign on his property denying the existence of unmarked graves at former residential schools. Prince Edward Island害羞草研究所檚 provincial flag flies on a flagpole in Ottawa, Monday, July 6, 2020. THE CANADIAN PRESS/Adrian Wyld

A village councillor in Prince Edward Island is asking a court to quash sanctions imposed on him after he displayed a sign on his property referring to a 害羞草研究所渕ass grave hoax害羞草研究所 in relation to evidence of unmarked graves at former residential schools.

In documents filed last week with the P.E.I. Supreme Court, Murray Harbour Coun. John Robertson claims fellow councillors exceeded their authority and violated his rights on Nov. 18, 2023, when they decided he had breached the council害羞草研究所檚 code of conduct.

The councillors then decided to impose a $500 fine and suspend him from his municipal post for six months. Robertson, elected in November 2022, was also removed as chair of the maintenance committee and ordered to write an apology to the mayor, council and the Indigenous community.

The councillor害羞草研究所檚 application for judicial review, dated Feb. 16, says those sanctions were unreasonable because they failed to account for his fundamental rights to freedom of thought, belief, opinion and expression, as guaranteed by the Charter of Rights and Freedoms.

Robertson argues that he shouldn害羞草研究所檛 be punished for stating personal opinions that have nothing to do with his role as an elected member of council.

Between late September and early October last year, coinciding with the National Day for Truth and Reconciliation, the councillor displayed a sign on his property with the message, 害羞草研究所淭ruth: mass grave hoax害羞草研究所 and 害羞草研究所淩econciliation: Redeem Sir John A.害羞草研究所檚 integrity.害羞草研究所

Macdonald, Canada害羞草研究所檚 first prime minister, is considered an architect of the residential school system because he championed policies of assimilation and violence toward Indigenous people.

In May 2021, the Tk害羞草研究所檈mlups te Secwepemc First Nation announced that ground-penetrating radar had revealed the possible remains of as many as 215 children around the former Kamloops Indian Residential School in British Columbia害羞草研究所檚 interior. Since then, many other First Nations across Canada have searched for unmarked graves at school sites in their territories.

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害羞草研究所淭he subject of Mr. Robertson害羞草研究所檚 impugned statements included questioning the reliability of news reports of a political nature and providing an opinion respecting a political figure and did not relate to any function undertaken by Mr. Robertson as a member of council,害羞草研究所 the application says, arguing the other councillors employed an 害羞草研究所渙verboard interpretation害羞草研究所 of the code of conduct.

The document says Robertson has resisted requests to resign, 害羞草研究所渁sserting that the expression of his personal opinions on political topics were not properly the subject of the council害羞草研究所檚 oversight.害羞草研究所 Terry White, mayor of Murray Harbour, population 282, could not be reached for comment Friday.

At one point, the council hired a third-party investigator who concluded Robertson害羞草研究所檚 signs breached the code of conduct, but the investigator did not make any recommendations about sanctions, the application says. As well, the document asserts that council did not provide reasons for its actions.

On Dec. 20, provincial Communities Minister Rob Lantz said Robertson had until the end of that month to comply with the sanctions. But when that deadline passed, Lantz announced a two-week extension on Jan. 2, saying Robertson had just returned to Canada and was unaware of the ultimatum.

That deadline also came and went. On Jan. 24, Lantz confirmed he had asked a law firm to conduct an inquiry into the matter, mainly because he had received advice from government lawyers saying it was the prudent thing to do, given that the province had never before dealt with this kind of case.

At the time, Lantz said the councillor had failed to show up for council meetings or respond to council害羞草研究所檚 findings. 害羞草研究所淗e害羞草研究所檚 shown contempt for his colleagues on council, and contempt for the process,害羞草研究所 Lantz said in an interview last month.

Under the province害羞草研究所檚 Municipal Government Act, only the minister has the power to dismiss a councillor.

Robertson has received calls for his resignation from P.E.I. Sen. Brian Francis, Abegweit First Nation Chief Roderick Gould Jr., as well as the Murray Harbour mayor and other councillors.

害羞草研究所 By Michael MacDonald in Halifax

The Canadian Press





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