Costly legal prep and court time no longer needed --- judicial review is to be discontinued at my request

On January 21st, Kings County Council undid its action on the Code of Conduct matter that took us to court by rescinding the motion they passed last year on October 15. Council’s action is a recognition that what Council did was improper and out of proportion for what actually occurred.
 

This appears to be as close as the Warden and councillors who voted in favour of the original October 15th motion can bring themselves to a full and unconditional apology on the Code of Conduct matter.
 

Council’s removal of the motion they would have had to defend in court is enough to put this behind us. I trust Warden Brothers and all Councillors have learnt that a Code of Conduct investigation cannot be entered into lightly or conducted haphazardly. Nor, can it be used as a tool to stifle open debate or to silence dissent.
 

I have chosen to accept Council’s action as an apology and steps are now being taken to stop the court hearing on the Code of Conduct matter set for March, 2014, in the Supreme Court of Nova Scotia.

My goal remains to have Council work together, welcoming consensus when possible, but open to principled dissent when necessary. This is the best way to give all the people of Kings County the effective and democratic government they deserve.

What stands now is what has become the Warden’s unendorsed "point of order warning. 

 

I accept that. That's a procedural warning common to government debate. The important point to me is that there is now no warning coming from a Code of Conduct investigation… And there is now no council endorsement of any warning to me. It limits the warning to the opinion of the Warden that what was said was improper. The Code of Conduct is no longer in play.

I'm a realist and understand that additional court time isn’t going to make things much better than that. The rescinding motion really speaks to what is important here and fixes the fundamental problem that was at the centre of my court application.
 

Costs

My lawyer is asking for minimal legal costs totalling $400 dollars. This is customary at the close of an action.  An award may be made, at the discretion of the court, beyond this identified amount. If any additional monies are awarded they will be donated to a Kings County charity.

 

The true financial result of my discontinuance of the judicial review is that the county’s legal team will no longer be required to spend what would have been considerable resources preparing for court appearances in March 2014.

 

Happily, the discontinuance represents a considerable saving to the taxpayers of King County. This was an important factor in my decision to quickly ask that the judicial review be discontinued once Council had rescinded the offending motion.