Tag Archives: Charter of Rights

Bizzare vote by Haldimand Council re election signs shows county’s disdain for Charter

Last night, after Gary McHale complained about potential Charter violations, Haldimand Council held an emergency session to vote on  proposed changes to its election sign by-law which its own lawyer advised would not stand up to a Charter challenge.

[…] The Solicitor’s advice is that a blanket prohibition on election signs from all public property, including road allowances, would not likely withstand a Charter challenge. […] 

  • Haldimand County: ‘Special Council Agenda’ for Sept 08/10 and ‘Report PED-GM-02-2010 RE: Election Signage’ [PDF, 10P]

In a strange twist however, the County did not vote on the proposed ammendment to bring its by-law (partially) into line with the Charter by allowing election signs on road allowances (it did not address the unreasonable limits on sign sizes raised by McHale), but instead voted to enact an even newer last-minute ammendment. The new by-law allows for signs on road allowances under certain conditions which can only be considered to be bizarre, nonsensical and impossible to fulfil.

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McHale’s Charter challenge forces Haldimand Council into emergency vote re election sign by-law

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Haldimand County (which includes Caledonia) council is having an emergency session tonight at 6:00pm to modify their restrictive election sign by-law after Gary McHale warned them twice — in 2008 and again in August 2010 — that it violated the Charter of Rights. McHale will be a candidate running in Ward 2 against Councillor Craig Grice for the Oct 25/10 municipal election. 

The current by-law prohibits election signs from being placed on public property, including road allowances, and it restricts the size of signs to just 1.3 sq. metres. 

CHRONOLOGY OF EVENTS  

Sept 22/08 – McHale warns Council not to remove his federal election signs because election sign by-law is illegal 

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