EDITORIAL – Some mayors win their day in court against sanctions

An editorial by Mel Rothenburger.

SOME MAYORS are doing well in the court system. Mayors other than Reid Hamer-Jackson, that is, who is putting his hopes and his pocket book into pursuing recourse through defamation laws.

The Kamloops mayor’s court cases drag on, and he meanwhile has had no luck in convincing Kamloops councillors to overturn sanctions put on him via code of conduct investigations. Other mayors in similar situations have gone a different route — judicial reviews.

It was announced yesterday (March 5, 2025) that a B.C. Supreme Court judge has quashed sanctions by Quesnel City council against Mayor Ron Paull that were imposed in a unanimous vote almost a year ago over a controversial book.

The book, Grave Error, came into the possession of his wife, who handed out a few copies to others. Paull himself is said to have commented on the book to a couple of other directors at a Cariboo Regional District meeting.

The book challenges the presumption of unmarked graves at residential schools and various issues surrounding it. I wrote about the book and Paull’s situation earlier and won’t go into full detail here but you can check out that particular column if you wish.

Paull’s council, worried about relationships with local First Nations, lowered the boom on the mayor with significant sanctions, including removal from the regional board and all committees, and withdrawal of his travel expenses.

Paull sought vindication through a judicial review and he got it. He insisted the report from staff that formed the basis of the sanctions didn’t specify the misconduct he was alleged to have been guilty of, didn’t lay out evidence justifying the censure and sanctions, or explain how the code of conduct was breached.

The council, said Paull, had “denied him a meaningful opportunity to provide a reasoned and structured response.” The judge agreed, ruling that “the censure and sanction of Mayor Paull are quashed on grounds of procedural fairness.”

He also awarded the mayor costs.

I recently commented on another judicial review involving a mayor, this time involving Medicine Hat Mayor Linnsie Clark, who was publicly reprimanded by councillors, had her pay cut in half, was removed as the council’s official spokesperson as well as chair of council meetings, and was banned from communicating with the City manager except by emails that must be copied to councillors.

It was all about some questioning directed by Clark to the City manager regarding an administrative restructure. Mitchell and the manager contended that the mayor had been rude.

Clark pursued a judicial review, and a judge ruled last August that the sanctions had been “disproportionate” and that “no reasonable council” would have imposed them.

It might behoove Kamloops councillors to review the way in which they so readily hand out sanctions against the mayor. Just sayin’.

Mel Rothenburger is a former regular contributor to CFJC-TV and CBC radio, publishes the ArmchairMayor.ca opinion website, and is a recipient of the Jack Webster Foundation Lifetime Achievement Award, and a Webster Foundation Commentator of the Year finalist. He has served as mayor of Kamloops, school board chair and TNRD director, and is a retired daily newspaper editor.  He can be reached at mrothenburger@armchairmayor.ca.