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Mayor Richard Atwell issues public apology as part of settlement with EDPA supporter

A Saanich woman who claimed the District of Saanich had undermined her freedom of expression, said last weekB次元官网网址檚 public apology by Mayor Richard Atwell has satisfied her.
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Lynn Husted, here seen speaking to council on Nov. 6, 2017 and the District of Saanich have settled their legal dispute.

A Saanich woman who claimed the District of Saanich had undermined her freedom of expression, said last weekB次元官网网址檚 public apology by Mayor Richard Atwell has satisfied her.

B次元官网网址淚 thought it was a satisfactory conclusion to my court case,B次元官网网址 said Lynn Husted.

AtwellB次元官网网址檚 apology was part of a settlement between Saanich and Husted, who last month filed a judicial review against the district.

It said SaanichB次元官网网址檚 decision to rescind the controversial Environmental Development Permit Area (EDPA) bylaw in November 2017 was B次元官网网址渋nvalidB次元官网网址 because Saanich violated her freedom of expression, when Mayor Richard Atwell denied Husted B次元官网网址渦nreasonably and without justification, her right to speak at the Nov. 6 meeting.B次元官网网址

Husted acknowledged that she failed to achieve one of her goals: force Saanich to reconsider its decision to rescind the bylaw. Critics of this decision said it reverses environmental protection of environmentally sensitive areas, a charge denied by the supporters of SaanichB次元官网网址檚 decision, who argue that the bylaw denied the rights of property owners and diminished property values.

But Husted stressed that the B次元官网网址減rimary goalB次元官网网址 of her case has always been about protecting freedom of speech and procedural rights under the Canadian Charter of Human Rights and Freedoms.

Husted said AtwellB次元官网网址檚 apology recognized those rights, so the issue is settled.

The apology, according to Husted, was part of a larger settlement, whose terms she refused to disclose, citing a confidentiality agreement. Specifically, she refused to disclose whether she received any funds in exchange for dropping her case.

B次元官网网址淚 cannot comment on that,B次元官网网址 she said.

AtwellB次元官网网址檚 apology recognized the right of B次元官网网址淗usted and others to engage in advocacy work on behalf of the environmentB次元官网网址 and their Charter rights, which were described as essential elements of a thriving democracy.

B次元官网网址淲hile as chair of the meeting on Nov. 6, I considered it necessary to ask Dr. Husted to stop speaking given my interpretation of the council rules. It is not, and it never has been my intention to intimidate any person or make any person feel disrespected. I do apologize for any feelings of disrespect that may have resulted to Dr. Husted or anyone else.B次元官网网址

But the statement also reaffirms the prerogative of the mayor to guide proceedings in a manner that balances various goals such as robust public participation, and efficient decision-making. Existing council rules strike that balance, he said.

B次元官网网址淭hese rules include a requirement that speakers stay focused on relevant issues and that they avoid discussing the personal information of third parties,B次元官网网址 he said. B次元官网网址淭hese rules are displayed prominently on the monitors here in council chambers, and are also announced verbally at the commencement of any meeting where the public will have the opportunity to speak.B次元官网网址

During the meeting in question, Husted spoke on behalf of Saanich Action for the Environment (SAFE) to present a submission that asked council to delay its pending decision to solicit meaningful input and dated Oct. 24, 2017.

Husted said during the presentation the citation against Lea is public knowledge as per the college and the and that SAFE is not pre-judging the outcome of the hearing.

This commentary prompted a caution from Atwell, who warned Husted against disclosing personal information.

Following some back-and-forth between Husted and Atwell that also included a point of order from Coun. Fred Haynes, Husted received instructions from Atwell to stop speaking, noting that her presentation had gone off topic, while B次元官网网址渢rying to dragB次元官网网址 LeaB次元官网网址檚 disciplinary hearing into an inappropriate forum.

Atwell said that he could not comment on the issue beyond last MondayB次元官网网址檚 statement. B次元官网网址淗owever, it is important to point out that the rules and procedures we employ to govern our meetings remain the same,B次元官网网址 he said.

Husted acknowledged this aspect, and expressed hope that Saanich will apply them consistently and fairly.



Wolf Depner

About the Author: Wolf Depner

I joined the national team with Black Press Media in 2023 from the Peninsula B次元官网网址 Review, where I had reported on Vancouver Island's Saanich Peninsula since 2019.
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