Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
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I can't get used to how easy it is to click on Google and bring up the precise information I need. To be able to copy and paste is the icing on the cake.
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Town of Aurora Code of Conduct.
Clause 3. Communications and Media Relations.
Members of Council will accurately and adequately communicate the attitudes and decisions of Council even if they disagree with the majority decision of Council.
Members shall allow respect for the decision making process of Council
Official information related to decisions and resolutions made by Council will normally be communicated to the community and the media by council in an official capacity by the Mayor or designated staff member or through a press release issued by the Corporation.
Information concerning adopted policies,procedures and decisions of Council shall be conveyed openly and accurately.
Confidential information will be communicated only when and after determined by Council.
Communications with the media and Members of Council shall be conducted through proper interviews or media releases. Members shall refrain from writing letters to the editor or writing a regular column in the newspaper or hosting or co-hosting a regular televised program .
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The preceding was not copied and pasted. It wasn't as easy as the Canadian Charter of Rights and Freedoms.
But that's a quibble
I want you to read that clause from the Charter of Rights a couple of times.
Don't let your eyes glaze over and drift into a trance, as they are inclined to do when you're reading the endless tiny print of official documents. It's a Proclamation, a ringing Declaration of Freedom.
Look again at clause b of the fundamental freedoms.
(b)FREEDOM OF THOUGHT, BELIEF, OPINION AND EXPRESSION, INCLUDING FREEDOM OF THE PRESS AND OTHER MEDIA OF COMMUNICATION. Now look at the last sentence of Clause 3 of the Code of Conduct.
"Communications with the media and Members of Council shall be conducted through proper interviews or media releases. Members shall refrain from writing letters to the editor or writing a regular column in the newspaper or hosting or co-hosting a regular televised program"
We have been told the Code of Conduct was written by a lawyer, Mr. George Rust D'Eye a former city solicitor deemed to be an expert in municipal law. I am not absolutely sure he did write it. The Municipal Clerk was directed to prepare it. It was prepared. The Mayor indicated Mr. Rust D'Eye was involved. I have never seen his signature or any submission to that effect.
Be that as it may:
The last sentence of Clause 3 suggests Members of Council who agreed with the clause, also agreed to surrender their " fundamental right to freedom of thought, belief,opinion and expression, including freedom of the press and other media of communication."
I did not agree to do that. Councillor Collins Mrakas signed the document with that Clause deleted.
Which is not to say other Members of Council did not have the right, if they so chose,and they did, to surrender their fundamental right to freedom of thought, belief, opinion and expression.
They just did not have the right to take mine as well.
Federal and Provincial Legislation trumps Municipal Bylaws.
The Charter is natural justice. Such a simple, pure, precious and beautiful concept.
Not every country has one. Canada did not always.
Men have died to protect it.
Let us all repeat together...we will not surrender it.
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7 comments:
This is "Animal Farm" writ large, and in real life, right here in Aurora. It really does smack of communism, and I am not trying to overstate the case for rhetorical value.
In any case, I am not sure that any contract which you are a signatory to can legally strip you of your fundamental charter rights.
This really is scary stuff.
What this code does is try to enforce party-style politics on the municipal model. Kind of like if you speak out or say something out of line as an MP you can be booted from caucus. However, barring slander and/or libel, you still have the right to say what you please about the decisions of parliament without risk of being reprimanded by the speaker.
In essence, the Mayor wants to be the Prime Minister, Speaker of the House and the Whip of all parties.
Keep standing up to it please Evelyn.
Perhaps the Code of Conduct is illegal!
Is there a lawyer out there who can comment?
Excellent Post!
This is something that I have thought of for some time and thought it was only me (and of course Councillor Buck) who saw the contradiction in Aurora's Code.
Yes, you can respect the decision making process of Council but it doesn't mean that you have to continue to agree with it if it is not something that you voted for. It essentially eliminates your voice once voted upon, end of any discussion and never to be overturned. (Because if someone wanted to overturn or rescind a by-law wouldn't that contravene the Code?)
Not that I bring this example up to introduce party politics at the municipal level but I can't count the number of times that I have read opinion columns, letters to the editor, etc in the local newspapers from our federal and provincial representatives, MP Louis Brown and MPP Frank Klees. These have been for and against whatever the current issue and legislation in their respective governments. Are they silenced by a similar Code of Conduct? I should think not.
If perhaps as an extreme example the majority of council voted to close the library and all sports facilities in Aurora, then what would the minority group of councillors do? By the Code, they would state the Council's decision and then are they required to keep quiet.
Clause 3 states “Members of Council will accurately and adequately communicate the attitudes and decisions of Council even if they disagree with the majority decision of Council”. Does this imply that once you state “Council decided to close the Library” the Code removes your voice to tell you constituents that you disagreed with this decision (as properly communicated) and why and then rally the citizens to get Council to reopen the library? Well I assume so since “Communications with the media and Members of Council shall be conducted through proper interviews or media releases. Members shall refrain from writing letters to the editor or writing a regular column in the newspaper or hosting or co-hosting a regular televised program.”
It would be interesting to ask our provincial and federal representatives what they think if they were silenced in such a manner. Would our other government representatives work under Aurora’s Code of Conduct?
As an aside, it is good to hear Councillor Collins Mrakas deleted part of the Code before signing it.
I will be dropping off an actual copy of the "Charter of Rights and Freedoms" to you.
You deserve it.
And its suitable for framing.....for the wall in the Councillors office at the Town hall.
As is usually the case Ev the more they stir up the hornets nest ,the more they get stung.
it appears that the code is legally flawed--interesting to see what the lawyers say and whether it would stand a court challenge--take it all the way Ev
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