{"id":1204,"date":"2017-08-18T13:19:16","date_gmt":"2017-08-18T17:19:16","guid":{"rendered":"http:\/\/henry.olders.ca\/wordpress\/?p=1204"},"modified":"2018-02-03T18:01:37","modified_gmt":"2018-02-03T23:01:37","slug":"re-a-100-political-transparency-law-reply-to-letter-to-the-editor-the-suburban-2017-8-9","status":"publish","type":"post","link":"https:\/\/henry.olders.ca\/wordpress\/?p=1204","title":{"rendered":"Re: a 100% political transparency law! (Letter to the Editor, The Suburban, 2017-8-16)"},"content":{"rendered":"
The letter to the editor below, was published in the Suburban, on 2017-8-16, with the title “All municipal council meetings must be held in public by law<\/a>“:<\/div>\n
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I wholeheartedly agree with Michael Shafter (Letter to the Editor, The Suburban, 2017-8-9<\/a>) that we need more transparency at the municipal level (in fact, at all levels of government!). However, the law to this effect that he proposes be passed is probably unnecessary, as such a law already exists. But elected politicians as well as bureaucrats prefer to operate behind a veil of secrecy, fully aware that knowledge is power, and unwilling to share that power by disseminating knowledge.<\/p>\n

The law that exists is the\u00a0Quebec Cities and Towns Act, C-19<\/a>, which requires (para. 114.2) that documents be available to any person applying to see them. Of course, there are exceptions, which are spelled out in\u00a0A-2.1\u00a0– Act respecting Access to documents held by public bodies and the Protection of personal informati<\/a>on. Bureaucrats have become very adept at figuring out ways to circumvent the intent of these laws, which is to make city governments transparent to the people that they are required to serve, the citizens.<\/p>\n

While bureaucrats behaving like bureaucrats is to be expected, we should set higher standards for the behaviour of elected municipal councillors and mayors. I am referring to the legal requirement that all meetings of city councils be public (Quebec Cities and Towns Act, para. 322: \u201cThe sittings of the council shall be public.\u201d) While this appears to be true on the surface, most if not all Quebec municipal councils have come up with a variety of strategies to circumvent this requirement, such as by having meetings of entities which they call \u201ccommittee of the whole\u201d, or \u201cgeneral committee of council\u201d or similar. These entities typically meet privately before, and often after, the public council meeting.<\/p>\n

Unfortunately, the Quebec legislation says nothing about committees having to meet in public. Other jurisdictions are much more specific. The\u00a0City of Toronto Act<\/a>, for example, defines \u201cmeeting\u201d in\u00a0para. 189 as\u00a0any regular, special or other meeting of city council, of the local board or of a committee of either of them. It goes on\u00a0to say that\u00a0all meetings shall be open to the public.\u00a0Exceptions are clearly spelled out.<\/p>\n

A google search will find other examples of cities in Canada and the U.S. where councils and committees of council are required to hold public meetings. However, the\u00a0example of the Quebec legislation shows that this is not universal.<\/p>\n

And in the U.S., there have been legal challenges to attempts by city councils to circumvent rules requiring open meetings by calling them meetings of committees of the whole or general committee of council.\u00a0This\u00a0source<\/a>\u00a0refers to a court decision in Nebraska saying that such attempts are not allowed.<\/p>\n

But as Mr. Shafter points out, the upcoming municipal elections in November of this year, provide us with an opportunity. I suggest that we, the voters, require that every candidate for municipal council or mayor publicly and clearly state their position on public meetings of council and of<\/b> council committees. Many will waffle, but as the City of Toronto demonstrates, it\u2019s not difficult to clearly define the very limited set of cases where meetings need to be private.<\/p>\n

If we want transparency, we will need to vote for it!<\/p>\n","protected":false},"excerpt":{"rendered":"

The letter to the editor below, was published in the Suburban, on 2017-8-16, with the title “All municipal council meetings must be held in public by law“: I wholeheartedly agree with Michael Shafter (Letter to the Editor, The Suburban, 2017-8-9) that we need more transparency at the municipal level (in… <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[87],"tags":[207,118,420,124,421],"class_list":["post-1204","post","type-post","status-publish","format-standard","hentry","category-letters","tag-government","tag-montreal-gazette","tag-municipal-councils","tag-politics","tag-transparency"],"_links":{"self":[{"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1204","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1204"}],"version-history":[{"count":10,"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1204\/revisions"}],"predecessor-version":[{"id":1222,"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1204\/revisions\/1222"}],"wp:attachment":[{"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1204"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1204"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/henry.olders.ca\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1204"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}