Judge starts reading Medicine Hat mayor’s judicial review case ahead of Tuesday hearing

There will be no court action until the hearing gets underway at 10 a.m. on Tuesday, an official confirmed to CHAT News.

Council in March voted unanimously to sanction Clark and cut her salary in half after finding she broke its code of conduct bylaw by failing to treat the city manager with courtesy, dignity and respect during a tense exchange in August 2023.

Clark has maintained the sanctions were disproportionate and filed the judicial review with the hope the justice removes the limitations and restores her salary in full.

The judicial review is likely to set precedent with the code of conduct being such a new aspect of municipal governance in Alberta, experts say.

Gerard Kennedy, an administrative law expert and University of Alberta law professor, said he expects the justice to move swiftly.

“The judge will probably try to prioritize getting a decision out,” Kennedy told CHAT News in a recent interview.

She will have to make a decision on if the sanctions on Clark were lawful, Kennedy explained.

“In a judicial review, normally the judge gives some deference to the body, in this case, the municipality that imposed the sanctions,” Kennedy said.

There are exceptions to the approach, but it will come down to the judge’s take, he added.

She could decide to reverse the sanctions and restore Clark’s salary in full or side with council entirely and keep sanctions in place.

The justice could also choose to reverse only part of the sanctions or keep the restrictions but restore Clark’s salary. There’s several possibilities, said Kennedy.

READ: What to know about the judicial review

Kennedy said he expects a decision to come by Tuesday, however, there is always the chance the justice will decide to reserve her decision and release it at a later time.

by Eli J. Ridder

Judge starts reading Medicine Hat mayor’s judicial review case ahead of Tuesday hearing

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