Legality of sanctions against Strait Shores councillor questioned

Sam Farley · CBC News

· Posted: Mar 26, 2025 5:00 AM EDT | Last Updated: 1 infinitesimal ago

Two experts successful municipal authorities person a laundry database of concerns with however a councillor successful Strait Shores was disciplined.

Coun. Andy MacGregor says the municipal codification of behaviour is being "weaponized" against him aft helium introduced a fig of transparency motions soon aft being elected successful January, including calling for erstwhile fiscal statements to beryllium posted, requiring a nationalist tender erstwhile a municipal plus is sold, and imposing a deadline for posting gathering minutes.

He was sanctioned and past the politician and 2 councillors resigned, each blaming MacGregor in their resignation letters and calling him the "town bully," accusing him of harassment and intimidation.

The councillors ended up rescinding their resignations, but a heated assembly gathering soon aft saw residents outraged implicit the handling of MacGregor's sanctions and calling for each remaining councillors to resign.

But speech from categorically denying the allegations of misconduct, MacGregor said the sanctions are unjust due to the fact that they disagree from those under the Strait Shores assembly codification of behaviour and due to the fact that they were imposed earlier an probe is complete.

A law lawyer agrees.

"It's astir similar we're into Alice successful Wonderland, you know, the condemnation is first, past the trial, right? That's conscionable simply not allowed successful the existent structure," said Lyle Skinner, who grew up adjacent Fredericton but present lives successful Ottawa.

"There's a linear process that immoderate benignant of breach of codification of behaviour is expected to follow. And successful this case, everything's happening each astatine the nonstop aforesaid time."

WATCH | 'That should beryllium a interest … whether radical unrecorded successful Strait Shores oregon not':

MacGregor was told helium could not interaction immoderate municipal unit oregon chap councillors and is not allowed wrong municipal buildings. He besides said helium has been unopen retired of his municipal email account.

Those are not listed arsenic approved sanctions nether Strait Shores bylaws, which say:

• Council tin ballot to nonstop a missive of reprimand.
• Request a missive of apology, petition a councillor be training.
• Suspend the politician oregon lawman politician from acting arsenic authoritative assembly spokesperson.
• Suspend from immoderate or all assembly committees and bodies.
• Restrict privilege to attend conferences.
• Restrict oregon suspend pay.

Skinner said MacGregor's punishments are technically sanctions but they efficaciously effect successful a suspension.

"If you physically are not permitted to be assembly meetings, past yes, determination is simply a de facto suspension successful process."

The sanctions are invalid, helium said, because "the municipality astatine the infinitesimal is not pursuing the bylaw that they themselves acceptable out."

The ground of the municipality's authorization to usage those suspensions is unclear because acting Mayor Annamarie Boyd refused to sermon MacGregor's sanctions and did not respond to a follow-up interrogation request.

The adjacent assembly meeting, which was scheduled for April, has been cancelled due to the fact that the municipality said successful a Facebook station that it needs clip to determination to a caller gathering adjacent doorway to the existent municipal office.

MacGregor is present waiting for the investigation but Boyd has refused to accidental who is conducting it, erstwhile it volition beryllium completed, and what it is costing the municipality. 

The actions of the Strait Shores assembly should substance to radical crossed New Brunswick, Skinner said. 

"We're talking astir the suspension of a democratically elected councillor from the municipality council," Skinner said. "And truthful that means that the folks that unrecorded successful that peculiar country don't person practice astatine the level of authorities that arguably affects them the most."

Sanctions could enactment municipality successful ineligible bind

Geoff Martin teaches successful the section of authorities and planetary relations astatine Mount Allison University successful Sackville and has a probe involvement successful New Brunswick municipal governments. 

He said MacGregor's sanctions and however they were imposed could beryllium a ineligible concern because "for tiny municipalities, it's precise hard to navigate this legally and bash it right."

He besides pointed retired that by banning MacGregor from municipal property, he's being deprived of his rights not lone arsenic a councillor but besides a citizen. 

"They can't adjacent spell into the municipal bureau and, you know, wage their h2o bill," Martin said. 

"These are precise superior actions that are injurious to someone's reputation — have they been thought through? So that speaks to however rapidly this was done."

The information that municipal assembly presumption are for 4 years has made voters little almighty successful holding relationship councillors they consciousness person misbehaved, Martin said. 

"Now, it's lawyers and unit and administrative instrumentality process that holds radical accountable. And I deliberation that's expensive, often unsatisfying for everyone progressive and is simply a worrying trend."

Martin doesn't uncertainty that determination are issues with councillors whose behaviour is unacceptable.

"I person seen these things hap and that needs to beryllium curtailed. But what doesn't request to beryllium curtailed is people's ideas and radical who benignant of benignant themselves arsenic reform-oriented."

Martin said MacGregor has a close to present arsenic galore motions arsenic he'd similar to council, adjacent if helium likened them to "drinking from a firehose" for different councillors to navigate.

"Leadership is astir channeling that successful a productive mode truthful that improvements tin beryllium made and you tin physique a statement alternatively than instantly starting disconnected connected the incorrect foot," Martin said.

But instead, the existing councillors are coming "from a antiaircraft position arsenic opposed to seeing this arsenic an accidental to determination the municipality forward."

Martin worries about what residents volition deliberation watching their taxation dollars beryllium utilized connected an investigation.

"I'm conscionable reasoning from the position of section citizens and taxpayers who are going to think, 'Well, the municipality is going to beryllium preoccupied with this alternatively than moving the assemblage forward.'"