Category Archives: Municipal Law

Queen’s Bench Boosts Municipal Bylaw Making Powers

Cases Considered: William Holowatiuk v. Beaver County, 2008 ABQB 290

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This decision takes a broad view of municipal powers granted under the Alberta Municipal Government Act (R.S.A. 2000, c. M-26) (MGA). In doing so it finds that statutory provisions that limit municipal powers may not limit municipal bylaw making power. Although the Court engaged in an extensive historical and statutory interpretation exercize in reaching its decision, in my view, the decision failed to consider a key provision of the MGA, section 13. If it had, the Court might well have reached a different conclusion.

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“Improper Jumps in Reasoning” on Judicial Disqualification says Court of Appeal

Cases Considered: Boardwalk REIT LLP v. Edmonton (City), 2008 ABCA 176

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Enough already! That’s the Alberta Court of Appeal’s message on judicial disqualification applications. The court is not saying, “leave potential bias issues to us.” It is merely reinforcing the time honoured “reasonable apprehension of bias” principle. But there is a twist in this case. In fact, there are two.

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Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction

Cases Considered: Pawlowski v. Calgary (City), 2008 ABQB 267

PDF Version: Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction

The Street Church Ministries (“SCM”) and its leader, Artur Pawlowski, have been active and controversial participants in Calgary’s response to homelessness for the last few years. The SCM holds religious services in downtown Calgary parks and gives away free meals to the homeless there. Pawlowski uses amplified sound during his sermons “to reach out to drug dealers, prostitutes and others who have fallen through the gaps” of Calgary society, and believes it is God’s command that he feed and provide hope for the poor (Graeme Morton and Richard Cuthbertson, “Ban on preacher’s loudspeaker upheld”, Calgary Herald, May 1, 2008, p. B7). However, use of amplified sound without a permit is banned by Calgary’s Parks and Pathways Bylaw, Bylaw No. 20M2003. While originally the City permitted the SCM to use amplified sound, after receiving noise complaints from nearby residents (including those at the Calgary Drop-In Centre) it would only permit use of the parks without amplification, although it offered to find an alternative site where such sound could be used. Pawlowski refused the offer and continued his loudspeaker preaching, leading to bylaw tickets, injunction applications, and eventually, in this most recent case, a civil contempt order.

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City Amends Land Use Bylaw in Bad Faith

Cases Considered: Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), 2008 ABQB 12

PDF Version: City Amends Land Use Bylaw in Bad Faith

Although municipal councils in Alberta are generally entitled to amend land use bylaws by following procedures set out in the Municipal Government Act (the “MGA”), R.S.A. 2000, c. M-26, this decision tells us that sometimes a council will have to go further in order to ensure procedural fairness. There are circumstances where personalized written notice of a hearing to consider a proposed land use amendment will be required. As always, the content of the duty of fairness varies according to the particular facts of each case. The facts here are lengthy, but they are critical.

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