Greenspace Alliance of Canada's Capital

Introduced at Council on November 28, referred to Corporate Services and Economic Development Committee for its meeting of January 6.
 
Moved by Councillor Rick Chiarelli
Seconded by Councillor Alex Cullen

WHEREAS residents, community groups and resident organizations contribute
significantly to public policy development at the City by offering
advice and by putting aspects of Council decisions to the test;

AND WHEREAS community and resident public interest organizations
contribute to the community agenda in a range of subject areas from the environment to accessibility to business issues to health
protection to development issues;

AND WHEREAS this contribution is valuable to the community
irrespective of whether the opinion advocated is ultimately shared by
the majority of Council;

AND WHEREAS Council wishes to encourage participation in and by such
community and resident public interest organizations and, in fact,
gives out awards every year to members of the community for their
participation in such activities;

AND WHEREAS occasionally, disputes and disagreements over matters of
principle require decisions by third party tribunals, some
of which are established specifically to deal with that very kind of dispute;

AND WHEREAS many such tribunals and boards exist to invite
participation by individuals, residents and community public interest
organizations;

AND WHEREAS it is important to guard City tax dollars against claims
and legal proceedings that are frivolous, vexatious or of oblique
motive;

AND WHEREAS in instances where the City's position is upheld in
hearings, legal and/or other proceedings in front of tribunals, the
City operates under a set of unclear practices with respect to whether the
City will apply to tribunals to have cost awards charged against the
community and resident public interest groups to be paid over to the
City;

AND WHEREAS a practice of seeking cost awards could serve as a
deterrent to residents considering participating in such organizations
or as individuals in the same democratic processes;
AND WHEREAS the City’s Public Consultation policy includes the following provision for periodically refreshing that policy:
Facilitating & Building Capacity for a Collaborative Community – Strengthening links between the City and the community on public participation initiatives and building capacity in the community for citizen engagement on issues that affect them through a corporate Public Participation Community of Practice.

BE IT RESOLVED THAT Council clarify its policy on seeking cost awards
after successfully defending its positions against community and resident public interest groups;

AND THAT the clarification be structured such that, in such disputes
in front of tribunals, the City will not seek cost awards from
community or resident public interest groups unless the presiding
judge or tribunal or Chair of proceedings indicates that the case
advanced by the community or resident public interest group is either
frivolous, vexatious or of oblique motive.
 
Back to Forum page