Judge throws out municipality’s decision to remove elected hamlet board member

The judge ruled the resolution was “void ab initio,” meaning it was legally invalid from the outset.

Council determined Woods had failed to file a public disclosure statement required under provincial legislation and passed a resolution declaring her seat vacant.

Woods challenged the decision, arguing both that the municipality lacked the authority to remove her from the organized hamlet board and that council acted unfairly by making the decision without notifying her.

Meschishnick rejected Woods’ argument that the RM lacked the authority to remove organized hamlet board members, ruling provincial legislation gives that power to rural municipalities. However, he found they must still follow a fair process before exercising that authority.

But he ruled the municipality still had to follow a fair process before exercising that authority.

Because Woods was never notified the resolution would be considered or given an opportunity to respond, the judge ruled the municipality’s decision is legally invalid.

The decision does not prevent the municipality from revisiting the matter.

“It will be for the Respondent to decide if it is still of the view that the Applicant is disqualified from holding the office on the OHB and if it will take action to enforce the disqualification following the required procedure,” Meschishnick wrote.

Because the municipality failed to follow a fair process, the judge said it was unnecessary to decide whether Woods had actually filed the required disclosure statement.

The ruling also marks the first time the Court of King’s Bench has interpreted Saskatchewan’s 2023 amendments governing organized hamlets.

“This is the first occasion that the court has had an opportunity to provide some guidance on the scope, interpretation and application of the Regulations and the necessary modifications to the Act,” Meschishnick wrote.

The amendments brought organized hamlet board members under the same public disclosure requirements as municipal councillors and clarified how disqualification rules are enforced.

The decision confirms rural municipalities have the authority to remove disqualified organized hamlet board members, but only after providing notice and giving the elected official an opportunity to respond.

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Kenneth.Cheung@pattisonmedia.com

by Kenneth Cheung

Judge throws out municipality’s decision to remove elected hamlet board member

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