Nicole Frey, who in 2023 attempted to recall Mayor Linnsie Clark through a citizen petition, plans to sue the City of Medicine Hat. Eli J. Ridder/CHAT News

By Olivia Thorington

CITY HALL

Council critic says she plans to sue City of Medicine Hat, indemnity motion fails

May 6, 2025 | 12:03 AM

Notorious council critic Nicole Frey says she plans to sue the City of Medicine Hat alleging Charter violations, discrimination and defamation that led to economic losses.

The Medicine Hat property owner was placed on a so-called communications ban by senior city staff in November 2023 that administration said was to protect the mental wellbeing of employees.

That policy was expanded by administrators a year later when the city hired a lawyer to serve as the only point of communication between Frey and city hall.

Notably, council in October 2024 passed a public code of conduct that included punitive measures similar to those placed on Frey.

But it appeared she was never grandfathered into the policy, which includes a “right of review” appeal process that Frey said she would’ve started.

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Frey says she’s never received clear direction on how to remove the restrictions that placed on her over 520 days ago.

Feeling ignored and discriminated against, Frey submitted a complaint to the Alberta Ombudsman, who she said has now escalated to a full-on investigation into the city’s treatment of her. 

Frey emailed all of council in March asking to enter into negotiations for a resolution, but was ignored.

Now, she’s turning to legal action.

“I plan to name every council member with the exception of councillor Sharps, and alleged misfeasance in public office,” Frey said. 

She said Coun. Shila Sharps will be excluded from the statement of claim because the councillor is “advocating for answers.” Recent emails seen by CHAT News show that Sharps has responded to Frey on several occasions. 

“I allege council permitted the city manager to impose and prolong a 17-month communication ban without due process,” said Frey. 

All but two voted against Sharps’ proposal to create a process to let residents complain about staff on Monday.

It was a policy Frey and others had advocated for. For Frey, decision to shoot it down sent a clear message.

“Council just told 63,000 residents that of they have a problem with senior staff, they should talk to the ‘cashier’ and not ‘head office’,” Frey said in reference to a comment made by Coun. Alison Knodel during Monday’s debate. 

Knodel said allowing the public to file a complaint against city administration is similar to a shopper complaining to a grocery store’s executive instead of a cashier.

“We’re opening a door to focusing on the problem rather than the solution,” Knodel said.

To Frey, that response encapsulates her concern with the city.

“It perfectly illustrates why I’m going to court: the people who are supposed to oversee administration have chosen to protect it instead at the expense of the people who elected them, who pay their salaries, and they are supposed to protect.”

Frey said she emailed council to warn them she planned to sue and felt as though she had no other option.

Sharps attempted to bring forward a change to the indemnification policy at Monday’s meeting so that council wouldn’t be required to ask the city manager for permission to get legal protection.

When asked if Frey’s legal action had legitimacy, Sharps said all she could say is that she took the threat seriously.

“I’m going to take her for face value, she wants to sue us. So I want legal advice from nobody in city council, I want an outside opinion, somebody that’s not in it and biased,” Sharps told reporters.

Sharps knew of Frey’s intent before it was made public, according to Frey. The motion made Monday was meant to prepare for the scenario, the resident said.

As for whether the city has been fair to Frey, Sharps said it’s important administration follows the city’s own policies.

“If we’re not following the policy — you heard Robert Dumanowski today — then it’s our job to make sure that our one employee of council is following policy.”

Frey has received a mix of criticism and support in her self-described efforts to hold the city accountable and ensure transparency.

She launched a recall petition in 2023 that was able to get close to 8,000 signatures to recall — or remove — the mayor. She acquired slightly more signatories on another petition calling for a municipal inspection at the time.

Those signatures didn’t receive official verification but did reveal that at least some segment of the Medicine Hat population was unsatisfied with how city hall was being ran

The former Animal Food Bank owner was blamed, in part, for the abrupt departure of the city clerk in 2024. Frey has sent hundreds of emails to city employees and council over the last two years, most of them requesting clarification or pointing out inaccurate information.

Frey said she isn’t entirely sure when the lawsuit will be served. She also filed a lawsuit against Cypress-Medicine Hat MLA Justin Wright in April.