Councillor Debbie Wiggins Colwell voiced concerns about 90-day suspensions

In a narrow 5-4 vote, Tantramar council gave preliminary approval (first reading) Tuesday to a revised code of conduct bylaw that would give members the power to suspend one of their colleagues for up to 90-days without pay.

“Remember this is first reading,” Mayor Andrew Black told council. “You still have another two readings, so there’s still opportunity for conversation.”

Black made the comment during a 19-minute debate in which the four councillors who voted against approving the revised bylaw, expressed concerns about the 90-day suspension as well as a provision that says members of council must “avoid forming ‘alliances’ with other councillors for the purpose of controlling council meetings, agendas or outcomes.”

“I definitely have no objections to the code of conduct. We do need the code of conduct,” said Councillor Debbie Wiggins-Colwell, adding however, that a 90-day suspension is a “heavy-handed” penalty.

She argued it would mean that wards with only one councillor such as Dorchester, Point de Bute and Westcock could lose their representation on council for up to three months.

“I represent everyone within our municipality,” countered Ward 3 Councillor Allison Butcher emphasizing that she does not only represent residents in the former town of Sackville where she was elected.

“We all represent everyone and someone who lives in Point de Bute can contact me if they have a problem,” she said.

Councillor Josh Goguen

Meantime, Councillor Josh Goguen took aim at the prohibition on forming alliances with other members.

“If I’m putting forward a motion and I go talk to the councillors and I say, ‘I want your support’ that could be considered as an alliance,” he said, adding the provision is open to differing interpretations.

Councillor Michael Tower said that while he agreed with the 90-day suspension without pay for “rogue” councillors, he too was concerned about the provision against forming alliances because it could discourage members of council from enlisting support from their colleagues.

“I really think alliances or conversations are consensus building,” he said.

Councillor Barry Hicks suggested that the town consult experts on municipal politics such as Mount Allison Professor Geoff Martin on what needs to be in a code of conduct bylaw.

(Martin, who served for six years as a municipal councillor in Sackville, told Warktimes recently that the draft of the revised code of conduct bylaw would violate Charter rights to free speech and free association.)

In the end, Mayor Black, Deputy Mayor Greg Martin and Councillors Butcher, Tower and Matt Estabrooks voted in favour of first reading while Councillors Bruce Phinney, Wiggins Colwell, Hicks and Goguen voted against.

Other Canadian provinces

Only three other provinces in Canada have regulations allowing for suspension of municipal council members for violating council codes of conduct:

1. Newfoundland and Labrador: up to 3-month suspension

2. Prince Edward Island: suspension of the council member for a maximum of 6 months

3. Quebec: up to 90-day suspension

Three provinces have policies that explicitly prohibit such suspensions:

1. Ontario: penalties must not prevent council members from carrying out their duties

2. Saskatchewan: Statement from provincial minister of government relations (2023): Council members are ultimately accountable to the people who elect them. Voters make the decision on whether or not to re-elect a council member if they choose to run again for office. Removing a council member from that position before an election interferes with the democratic will of voters who put them there. Therefore, any action that effectively results in the removal from office would be undemocratic.

3. Alberta: Council may not impose any sanction that prevents a councillor from fulfilling the legislative duties of a councillor. Further, a councillor may not be disqualified and removed from office for a breach of the Code.

Note: As the debate over Tantramar’s revised council code of conduct continues, the municipality of Strait Shores has suspended a newly elected councillor indefinitely.

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