Based upon legal advice, City Council today adopted a resolution not to allow scrutineers to be present when the City's Corporate Officer is reviewing the elector response forms received opposing the City's intent to borrow $20 million for the construction of a new Library/Civic Building.City Council's decision against permitting scrutineers to be present during the review and determination of the elector response forms is based upon the following:
- The elector response form contains 3 types of personal information. The elector's name, address and the expression of their view or opinion on the issue. The City has limited authority to use and disclose personal information under the Freedom of Information and Protection of Privacy Act and disclosure of the information to scrutineers does not fall within any of the permitted grounds for disclosure.
- Although there are those opposed to the borrowing for the library/civic project, there are others who are in favour and to be fair to all residents, a fair and potentially complex procedure for advertising, selecting and deciding on numbers of scrutineers would have to be established.
- The presence of scrutineers would be impractical as the Corporate Officer will review the elector response forms over different occasions as time allows and may require electors to phone back at different times of the day verifying information regarding signatures and addresses.
- The Corporate Officer's decision is final and conclusive, unlike an election where there is a process for disputing the counting.
1 comment:
"The elector response form contains 3 types of personal information. The elector's name, address and the expression of their view or opinion on the issue. The City has limited authority to use and disclose personal information under the Freedom of Information and Protection of Privacy Act and disclosure of the information to scrutineers does not fall within any of the permitted grounds for disclosure."
Those are the exact reasons why the counter petition legislation is against the Canadian Charter of Rights protection.
The scrutineers would only check if the rejection of a signature was legitimate.
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