Murray Harbour councillor who posted controversial sign wants a judge to weigh in

A councillor from Murray Harbour, P.E.I., who argues his right to share "a personal opinion" on a sign was infringed by sanctions imposed by his fellow councillors has now filed documents seeking a judicial review of the case.

John Robertson wants a P.E.I. Supreme Court judge to consider all the facts of the case, including whether the Rural Municipality of Murray Harbour had the right to suspend him for six months, remove him as chair of the community's maintenance of infrastructure committee, levy a $500 fine against him and demand a written apology. 

He is arguing that the sanctions breached his rights under Canada's Charter of Rights and Freedoms "to freedom of thought, belief, opinion and expression." And he wants them "nullified or otherwise quashed."

On the weekend of the National Day for Truth and Reconciliation last September, Robertson posted a sign on his property criticizing how the graves of Indigenous children at former residential schools were being characterized. 

The wording of the sign led Murray Harbour Mayor Terry White and Abegweit First Nation Chief Roddy Gould Jr., among others, to call on Robertson to resign from council.

"Council has disciplined and continues to discipline Mr. Robertson through... the implementation of the sanctions as a penalty for stating personal opinions on political issues, opinions which did not meet Council's approval," says a passage in the court document applying for a judicial review, which was filed with the Supreme Court on February 16.

"Mr. Robertson's statements were made in his capacity as a member of the public and not made whilst carrying out his functions as an elected member of the council." 

Murray Harbour's Code of Conduct for municipal councillors, drafted under the rules laid out in provincial legislation, states among other things that council members must "arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny" and "avoid behaviour that could constitute an act of disorder or misbehaviour."  

No date has been set to hear arguments about whether a judicial review should be held.

Meanwhile, a third-party investigation of Robertson's conduct commissioned by P.E.I.'s minister of Housing, Land and Communities continues. 

In late January, the province hired lawyer Michael Drake of the Charlottetown-based McInnes Cooper law firm to carry out that review.    

"This matter has gone on for far too long and we do not want to delay the outcome of this situation any further," the minister, Rob Lantz, said in a written statement on Jan. 24. "I have asked Mr. Drake to conduct his inquiry as quickly as possible while ensuring proper due diligence."