Brisebois v. Chabot, (1987) 62 Sask.R. 246 (QB)

• Judge: Maurice, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 10, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 62 Sask.R. 246 (QB)

Brisebois v. Chabot (1987), 62 Sask.R. 246 (QB)

MLB headnote and full text

Arthur Brisebois (applicant) v. Robert Chabot and Alfred Chabot (respondents)

(No. 69 A.D. 1986)

Indexed As: Brisebois v. Chabot

Saskatchewan Court of Queen's Bench

Judicial Centre of Assiniboia

Maurice, J.

August 10, 1987.

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 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.

Civil Rights - Topic 1860.6

Freedom of speech or expression - Limitations on - Conflict of interest provisions - Municipal councillors - The Saskatchewan Court of Queen's Bench 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) are reasonable limitations on the right to freedom of expression in s. 2(b) of the Charter, within the meaning of s. 1 - See paragraphs 9 to 10.

Civil Rights - Topic 2153

Freedom of association - Limitations on - Conflict of interest provisions - Municipal councillors - The Saskatchewan Court of Queen's Bench 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) are reasonable limitations on the right to freedom of association in s. 2(d) of the Charter, within the meaning of s. 1 - See paragraphs 9 to 10.

Civil Rights - Topic 5663

Equality and protection of the law - Conflict of interest provisions - Municipal councillors - The Saskatchewan Court of Queen's Bench held that the conflict of interest provisions in s. 33 of the Urban Municipality Act did not contravene the equality provisions in s. 15 of the Charter - See paragraph 11.

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - [See Civil Rights - Topic 1860.6 above].

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - [See Civil Rights - Topic 2153 above].

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 Queen's Bench held 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 referred to other inappropriate conduct by the mayor - The court ousted the mayor, disqualified him from office for three years and ordered him to make restitution - See paragraphs 12 to 21.

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 Queen's Bench held that the provisions in s. 33 did not contravene ss. 2(b), 2(d) or 15 of the Charter - See paragraphs 9 to 11.

Cases Noticed:

Moll and Fisher et al., Re (1979), 96 D.L.R.(3d) 506 (Ont. Div. Ct.), refd to. [para. 7].

Wheeler, Re (1979), 26 N.R. 323; 97 D.L.R.(3d) 605, refd to. [para. 8].

Stubbs v. Greenough (1984), 61 N.S.R.(2d) 300; 133 A.P.R. 300, agreed with [para. 10].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1 [para. 10]; sect. 2(b), sect. 2(d) [para. 9]; sect. 15 [para. 11].

Urban Municipality Act, S.S. 1984, c. U-11, sect. 31(b) [para. 3]; sect. 33 [paras. 1, 3, 9-12, 16, 20].

Counsel:

P.J. Lewans, for the applicant;

K.G. Love, for the respondents.

This application was heard before Maurice, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Assiniboia, whose decision was delivered on August 10, 1987.