Brisebois v. Chabot, (1988) 66 Sask.R. 126 (CA)

• Judge: Bayda, C.J.S., Wakeling and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 22, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 66 Sask.R. 126 (CA)

Brisebois v. Chabot (1988), 66 Sask.R. 126 (CA)

MLB headnote and full text

Robert Chabot (appellant/respondent) v. Arthur Brisebois (respondent/applicant)

(No. 9566)

Indexed As: Brisebois v. Chabot

Saskatchewan Court of Appeal

Bayda, C.J.S., Wakeling and Sherstobitoff, JJ.A.

March 22, 1988.

Summary:

An elector of a village applied under s. 33 of the Urban Municipality Act for a declaration that the respondents' seats on the village council were vacant, an order disqualifying them from holding office, restitution and costs. The respondents were the mayor and a councillor of the village. The respondents defended the application and alleged that s. 33 of the Act was invalid as being contrary to the Charter of Rights. Following a motion for a nonsuit, the court dismissed the application against the village councillor. The application continued against the mayor.

The Saskatchewan Court of Queen's Bench, in a judgment reported in 62 Sask.R. 246, upheld the validity of s. 33 of the Act under the Charter of Rights. The court held that the mayor of the village contravened s. 33 by failing to disclose his pecuniary interests when certain matters were before the village council. The court removed the mayor from office, disqualified him from holding municipal office for three years and ordered him to make restitution to the village. The mayor appealed. The elector applied under rule 15(1) of the Court of Appeal Rules for an order lifting the stay of the judgment pending the appeal. A judge of the Saskatchewan Court of Appeal, in a decision reported in 61 Sask.R. 202, granted an order lifting the stay, thereby precluding the mayor from holding office pending the appeal. On the merits of the appeal, the Saskatchewan Court of Appeal, in the following decision, dismissed the appeal.

Civil Rights - Topic 1860.6

Freedom of speech or expression - Limitations on - Conflict of interest provisions - Municipal councillors - The Saskatchewan Court of Appeal held that the conflict of interest provisions in s. 33 of the Urban Municipality Act (which deny a member of a municipal council the right to freely communicate his position on certain matters and to vote thereon) did not infringe upon the right to freedom of expression in s. 2(b) of the Charter.

Civil Rights - Topic 2153

Freedom of association - Limitations on - Conflict of interest provisions - Municipal councillors - The Saskatchewan Court of Appeal held that the conflict of interest provisions in s. 33 of the Urban Municipality Act (which force a member of a municipal council to leave a meeting when certain matters are being discussed) do not contravene the freedom of association provisions in s. 2(d) of the Charter.

Municipal Law - Topic 748

Council members - Disqualification or removal - Grounds - Pecuniary interests - At a village council meeting of the mayor and one councillor, where council voted to pay the expenses of a business, the mayor failed to disclose his ownership of the business - At another meeting the entire council, including the mayor, voted to raise the salary of the caretaker of the village's water system - The mayor acted as the caretaker - The Saskatchewan Court of Appeal affirmed that the mayor breached the conflict of interest provisions in s. 33 of the Urban Municipality Act by failing to disclose his pecuniary interests - The court also affirmed that other conduct by the mayor was inappropriate - The court affirmed that the mayor be ousted from office, disqualified from holding office for three years and ordered to make restitution.

Municipal Law - Topic 908

Council members - Conflict of interests - Pecuniary interests - [See Municipal Law - Topic 748 above].

Municipal Law - Topic 912

Council members - Conflict of interests - Prohibited activities of members with a conflict - The conflict of interest provisions in s. 33 of the Urban Municipality Act denied a member of a municipal council the right to freely communicate his position on certain matters and to vote thereon and forced a member to leave a meeting when certain matters were being discussed - The Saskatchewan Court of Appeal affirmed that the provisions in s. 33 did not contravene s. 2 of the Charter.

Cases Noticed:

Fraser and Nova Scotia Government Employees Union v. Nova Scotia (Attorney General) and Civil Service Commission (N.S.) (1986), 74 N.S.R.(2d) 91; 180 A.P.R. 91; 30 D.L.R.(4th) 340, refd to. [para. 7].

Statutes Noticed:

Urban Municipality Act, S.S. 1983-84, c. U-11, sect. 33 [paras. 2, 4]; sect. 33(5)(b)(i) [para. 6].

Canadian Charter of Rights and Freedoms, 1982, sect. 2 [paras. 5, 7].

Counsel:

K. Love, for the appellant;

P.J. Lewans, for the respondent.

This appeal was heard before Bayda, C.J.S., Wakeling and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal, whose decision was delivered by Wakeling, J.A., on March 22, 1988.