13-08-2025
P.E.I. Supreme Court won't let Murray Harbour councillor seek judicial review of sanctions
Carolyn Ryan
Coun. John Robertson wanted to argue his right to freedom of expression was violated
Caption: Murray Harbour Coun. John Robertson appeared in P.E.I. Supreme Court on Feb. 6, 2025, as his legal team argued for an extension of the typical 30 days someone has to seek a judicial review. (Steve Bruce/CBC)
Prince Edward Island's Supreme Court has ruled against a bid by a Murray Harbour councillor to keep legal action against the rural municipality alive.
John Robertson was asking the court to retroactively allow him more time to have requested a judicial review of disciplinary actions Murray Harbour's council took against him back in November 2023.
That was after he erected a sign on his property in September of the same year that some saw as an attack on Canada's National Day for Truth and Reconciliation.
Considering this a breach of the council's code of conduct, his fellow councillors voted to temporarily suspend and fine him, and ordered him to apologize in writing.
Robertson has argued that the council's actions violated his right to freedom of expression, and that the code of conduct did not apply because putting up the sign was not part of his council duties.
He had 30 days to file an application for judicial review, under the province's Judicial Review Act. However, he did not do so until Feb. 16, 2024 — 90 days after his fellow councillors made their decision.
"Despite the able submissions made by counsel on behalf of Robertson, the motion for an extension of time to seek judicial review of the decision made by Council on Nov. 18, 2023, is dismissed," Supreme Court Justice Jonathan M. Coady wrote in a ruling dated Aug. 6.
"Admittedly, relevant considerations pulled the court in different directions. However, after weighing all of them, the balance ultimately tipped in favour of not extending the general time period for seeking judicial review in this particular case."
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In particular, the ruling said Robertson had not given a satisfactory reason for his failure to apply for a judicial review before the 30-day time limit expired.
Among other reasons, he cited:
"Bafflement at the decision by council."
Completing a building project and settling an insurance claim.
Coping with the health-care needs of three cats.
Winterizing a recreational vehicle.
A trip and fall while boarding a ship in New York City.
Crossing the Atlantic by that same ship to England for a holiday.
The Christmas vacation.
Attempts to consult with a P.E.I. lawyer.
A severe winter storm in February.
Confusion arising from the actions taken by the provincial municipalities minister after the Murray Harbour council's ruling.
The court was also not convinced that Robertson would indeed go ahead with his application even if he were given more time.
"For the court to now allow that decision to be challenged and potentially set aside would displace two recognized ingredients for good public administration: certainty and finality," Coady wrote. "Such an outcome would negatively impact effective public decision-making in the Rural Municipality of Murray Harbour.
In light of the discretionary finding on the motion, the application for judicial review filed by Robertson, as amended, is also dismissed. — Supreme Court of P.E.I.
"In this case, council was entitled to proceed on the basis that the decision made on Nov. 18, 2023 — and not challenged in a timely way by Robertson filing an application for judicial review — was final."
The court's decision to not grant a retroactive extension to the filing time effectively means Robertson's quest for a judicial review is over, unless he seeks leave to appeal the latest ruling to the Supreme Court of Canada.
"In light of the discretionary finding on the motion, the application for judicial review filed by Robertson, as amended, is also dismissed," the ruling said.
