Murray Harbour councillor takes case to P.E.I. Supreme Court

A Murray Harbour councillor who posted a controversial sign on his property brought his case to P.E.I. Supreme Court on Thursday.

Coun. John Robertson was temporarily suspended and fined by the municipality nearly a year and a half ago after he posted the sign. Robertson is pushing for a judicial review of his case, arguing his right to freedom of expression was violated. 

"This is a really important case for the freedom of expression of every single Canadian," said Josh Dehaas, counsel with the Canadian Constitution Foundation and one of two lawyers representing Robertson.

"Yes, it's a small village. Yes, it's a small village council. But freedom of expression matters," Dehaas said. 

Robertson posted on a sign on his property on the weekend upon which National Day for Truth and Reconciliation fell in 2023. The sign read, in part, "Truth: mass grave hoax."

Indigenous leaders interpreted the sign as calling into question the existence of suspected gravesites at former residential school properties.

The mayor of Murray Harbour, the Abegweit First Nation chief and some others called for Robertson to resign from his position as councillor. 

A third-party investigation concluded Robertson violated multiple sections of the council's code of conduct. Those sections say, among other things, councillors must uphold the highest standards of ethical behaviour and not engage in discrimination.

Robertson's lawyers argue he didn't post the sign as part of his council duties, so the code of conduct doesn't apply. 

"The code of conduct can't control speech of this nature," said Dehaas. "This type of political speech, on a private sign, on private property, is not something bylaw can control."

Robertson was suspended from council for six months, fined $500 and ordered to apologize. He refused and applied for a judicial review of his case. 

Under provincial rules, Robertson only had one month after he was sanctioned to apply for a judicial review. He did not apply for three months.

Lawyers argued in court Thursday over whether the judge should use his discretion to grant an extension and still hear a case. 

Robertson's lawyers told the judge Robertson had problems connecting with a lawyer in time and had a medical issue, which added to the delay applying for a review. 

The municipality's lawyer, Meaghan Hughes, argued Robertson declined to participate in the initial investigation and that there was no good reason for the delay.

"There are hundreds of lawyers in P.E.I.," Hughes said. "To have only called one of them and not broadened your search during that time frame is not sufficient." 

The hearing on Thursday was about whether the judicial review should go forward. The judge did not make a decision or say when he will. 

In the meantime, Robertson is back serving on council. He has not paid the fine or issued an apology. 

The P.E.I. government has also ordered an investigation into Robertson's conduct — though that's on hold until court proceedings wrap up.