A Nunavut judge has returned a long-serving Coral Harbour councillor to municipal office and he chided the hamlet for its heavy-handed approach in removing him.
The ousted councillor will also receive all allowances, payments and honoraria owed since his dismissal.
Daniel Pee was released from hamlet council on May 8, 2020 after he took it upon himself to investigate SA国际影视传媒渁 senior civil servantSA国际影视传媒檚 use of hamlet funds relating to the purchase of a vehicle.SA国际影视传媒
Hamlet council denounced PeeSA国际影视传媒檚 actions and accused him of SA国际影视传媒渄eliberately and knowingly breach(ing) the hamletSA国际影视传媒檚 code of conduct.SA国际影视传媒
SA国际影视传媒淐ouncil considers that your breach of trust is so significant as to warrant your removal from office, effective May 8, 2020,SA国际影视传媒 he was informed by letter.
Pee, who served on hamlet council for more than 12 years and was most recently re-elected in October 2019, subsequently filed an application with the Nunavut Court of Justice for a judicial review, deeming his removal SA国际影视传媒渦nlawful.SA国际影视传媒
The case fell to justice Christian Lyons, who took the hamlet to task for failing to give Pee an opportunity to respond to councilSA国际影视传媒檚 concerns, or to SA国际影视传媒渄efend his position as a democratically elected official.SA国际影视传媒
SA国际影视传媒淔or over a decade, the residents of Coral Harbour had decided to exercise their franchise and place their trust in Mr. Pee to make sound governing decisions,SA国际影视传媒 Lyons noted.
The judge determined that the decision to remove Pee from office was SA国际影视传媒渘ot made utilizing a fair or open procedure.SA国际影视传媒
The hamletSA国际影视传媒檚 failure to allow Pee to participate in the process was of a significance that SA国际影视传媒渃annot be overstated,SA国际影视传媒 Lyons found.
SA国际影视传媒淭he unilateral and ex-parte manner of Mr. PeeSA国际影视传媒檚 removal from council calls into question the legitimacy of the democratic institution of the Hamlet of Coral Harbour,SA国际影视传媒 the judge wrote in his decision, which was released on Friday afternoon. SA国际影视传媒淢r. Pee was removed from a position entrusted to him by the voters of Coral Harbour. While there is no question council has the discretionary authority to sanction/and or discipline one of its members (in appropriate circumstances)SA国际影视传媒 such licence cannot be conflated with unfettered power to revoke the will of the electorate.SA国际影视传媒
In addition, Lyons awarded $5,000 in costs for PeeSA国际影视传媒檚 judicial application.