Procedure Bylaw 1187 Presentation

PROCEDURE BYLAW 1187 PRESENTATION – by Crowsnest Pass Taxpayers’ Association - Thursday, May 28, 2024, Council Meeting Carmen Roman, President

I am assured that if we were to ask each council member to provide an explanation of their understanding of democracy or, even provide a definition of democracy or, how they practice it in their professional lives as an elected representative, a response would not be received with ease and fluidity. In fact, I’m quite certain that if the CAO were to describe the democratic process practiced by the Municipality of Crowsnest Pass Government or within his administrative practice, he would be hard pressed to describe it. To pass Procedure Bylaw 1187, 2024 or to even contemplate this decision by a local government, the question that needs to be asked is whether or not this decision is newsworthy. Is it newsworthy at the local level, provincial level or how about at the national level? Is this a CBC, CTV or Rebel News story? Is this a significant enough story that would bring concern to an inordinate number of households, businesses, or corporations about a decision that significantly impacts citizens’ rights to express concerns freely. “Small town Alberta shuts down voices of citizens to speak freely about decisions that matter most to them - cannot speak about issues of concern within a 3 month period.” Or better still at the federal level, “Pierre Polivere permitted to speak about carbon tax once in every 3 months.” To make such a decision is self-serving.

This decision has concerns for all citizens and taxpayers throughout Canada. It does not reflect the democratic values established by the Municipality of Crowsnest Pass Public Participation Policy 1302-01 nor does it represent the democratic values legislated in the Alberta Municipal Government Act.

Under the Canadian Charter of Rights and Freedoms, Section 2, “Everyone has the following Freedoms: freedom of thought, belief, opinion and expression including freedom of press and other media presentations; freedom of peaceful assembly; and, freedom of association. Freedom of speech is foundational to our fundamental rights. The Municipality of Crowsnest Pass Council, Chief Administrative Officer (CAO) and Administration has an obligation to implement processes that allow citizens and taxpayers the right to have voice in fair and just ways. Bylaw 1187, 2024 does not reflect the democratic values instilled within the Canadian Constitution.

The Municipality of Crowsnest Pass Taxpayers’ Association acknowledges that local government officials are elected to make important decisions in the best interests of its citizens and for the community of Crowsnest Pass BUT should processes and procedures not be conducted in a fair and just manner, it is important for taxpayers and all citizens to express their concerns to the elected representatives as outlined in the Municipal Government Act. In these instances, it is never the case of interfering with council members’ ability to make sound decisions, rather, it is the inability of the Municipality of Crowsnest Pass Council to present best practice in fair and judicial ways. The Province of Alberta Public Participation Policies and Public Notifications: A guide for Municipalities states:

“As the level of government closest to Albertans, municipalities work with residents, business, and their stakeholders to provide the services and infrastructure that is key to developing vibrant, resilient, and sustainable communities. To meet the ever-evolving needs of their residents and business communities, municipalities must work in partnership with these key stakeholders and ensure their voice is reflected in decision-making.”

In such cases, it is the role of the electorate, to hold elected officials accountable, similarly, as it is the role of the Mayor of a Municipality, to hold the CAO accountable for the code of ethics within the CLGM designation and the legislated Municipal Government Act.

To amend Procedure Bylaw as 1187 and to insert Section 21.c “not speak on a topic in which they have spoken about within the last 3 months during public input,” is unconstitutional. The Council Agenda Package further speaks to the amendment - no. 3, that “if any portion of this bylaw is declared invalid by a court of competent jurisdiction, the invalid portion shall be severed, and the remainder of bylaw deemed valid.”

The purpose of Bill 20 would be to give the Alberta Provincial Government jurisdiction over unjust decisions which impact its citizens and a community, as well as, the ability to rescind bylaws which do not favor voice, public participation or public engagement. To pass such a bylaw impedes citizens’ democratic rights to speak towards important matters and influences the lack of transparency regarding decisions which impact citizens, taxpayers and its community. Public engagement is a requirement and a constitutional right legislated by the Alberta Municipal Government Act as a way of offering insight to local governments so that they may establish greater understanding for citizens’ concerns, suggestions and ideas. Acknowledging and honoring the voices of the people values the Canadian Charter of Rights and Freedoms. To implement this bylaw would be viewed as retribution to the citizens of Crowsnest Pass.