An Ontario judge has overturned the controversial appointment of a Brampton city councillor, with Mayor Patrick Brown calling the decision a victory for democracy.
Brampton council held a special meeting on May 31 at which it passed by a narrow vote a motion to conditionally appoint Elaine Moore, a former city and regional councillor, to its ranks, should Coun. Charmaine Williams won the Ontario PC Party election in the June 2nd provincial election, which she did.
Six councilors voted in favor of the motion, while Brown and five others opposed it. Count. Harkirat Singh filed a suit challenging the decision.
Justice Michael Doy found Monday that the vote was premature and violated Ontario’s Municipal Act. “The Board failed to comply with the clear statutory requirements to fill the vacancy and acted in a complete lack of jurisdiction,” Doe wrote in his decision, which you can read in full at the end of this story.
Brown, speaking to reporters on Tuesday, welcomed Doi’s discovery. He claimed Moore’s appointment was an attempt to “seize control” of the city council and called it “exciting, wrong and illegal.”
Singh said he sought legal advice on the move during the debate in May, but was overruled by councilors who voted in favor.
Brampton council has not voted since Moore’s appointment. As Doi notes, it has not had a quorum at any of its meetings since June 8.
“On good will”
Count. Gurpreet Dhillon, one of the opposing counsel who moved for Moore’s appointment, says that while he accepts the judge’s decision, the appointment was made “in good faith.”
“We will live with it. But … that doesn’t take away from what’s actually going on and why they didn’t want that adviser there.”
Count. Gurpreet Dhillon spoke to reporters after an Ontario judge found that Brampton council violated the Ontario Municipal Act by illegally appointing former councilor Elaine Moore. (CBC/Dean Gariepi)
Dillon says Moore, who was a former adviser to Brown during his 2018 mayoral race and has been critical of his leadership thus far, would be a key adviser to help “uncover” problems at Brampton City Hall.
“There’s a pattern of behavior that goes along with what’s going on at the federal level,” Dillon said.
Brown was recently disqualified from the federal Conservative leadership race over allegations he broke funding rules. He has denied any wrongdoing and has not said whether he will seek a second term as Brampton mayor.
resume advice
Brown says he and other councilors have skipped a month of meetings to avoid challenging any proposals in court with an illegal councilor present, noting the city is already dealing with pushback from residents on recent commission approvals. planning and development after Moore’s appointment.
But now that it has been rescinded, he says they are looking forward to filling the vacant position before the municipal elections in October.
“We have a lot of work here at the city council that has piled up. So certainly the sooner we can fill that vacancy the better.”
Judge Doy ordered opposing counsel Doug Willans, Jeff Bowman, Pat Fortini and Gurpreet Dillon to pay $20,000 in legal costs. CBC News reached out to MP Williams, who also voted to induct Moore before entering provincial politics, for comment on her involvement.
Moving forward, councilors Rowena Santos and Paul Vicente say they will push a motion that all city councilors attend mandatory training under the Ontario Municipal Act to avoid future incidents.
You can read Doi’s decision in full below:
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