Synopsis of Judicial Review Decision

Court of Kings Bench Finds Council Sanctions Against the Mayor “Overwhelmingly

Disproportionate”

August 26, 2024 - Earlier today, Justice Rosemary Nation released her decision in Mayor Clark’s

judicial review of the sanctions imposed on her by city council.

Justice Nation struck the vast majority of the sanctions levied against Mayor Clark, finding that they

were “overwhelmingly disproportionate” and that “no reasonable municipal council” would have

imposed them.

Justice Nation declined to send the issue of the struck sanctions back to city council, stating that

the council members who determined the sanctions “appear to have no sense of proportionality in

crafting sanctions and have imposed sanctions that have no rational connection with the breach of

the Code.”

Consequently:

• Mayor Clark will resume her presiding duties under section 154 of the Municipal

Government Act;

• Mayor Clark will resume her position as official spokesperson for Council;

• Mayor Clark’s salary will be restored retroactively; and

• Mayor Clark will resume her attendance at Administrative Committee meetings.

Justice Nation also found that “a total prohibition of Clark entering into the administration area of

City Hall, or having any direct contact with City staff other than the City Manager is

disproportionate.”

Justice Nation declined to interfere with Council’s letter of reprimand or request for an apology and

sent the restriction of Mayor Clark’s building access and contact with City staff back to Council for

reconsideration.