Candidate prepared to challenge city election sign bylaw: Curran says city can't prevent people putting up signs.

By Pepper Parr

August 5, 2014.

BURLINGTON, ON.

The office of the Clerk at city hall, the person responsible for overseeing the municipal election has at least one candidate pretty ticked off.

James Curran, a candidate in ward 6 (one of seven people running for the Blair Lancaster seat) began setting out his election signs.  Within hours he got a call from the bylaw enforcement officer telling him his signs had to come down.

A call from the bylaw enforcement officer doesn’t happen unless someone registers a complaint.  Curran is pretty sure he knows who it was – “but that is her right” was his comment.

Tracey Burrows, Manager of By-Law Enforcement and Licensing for the City of Burlington advised Curran that  by-law (34-2007) says signs could not be erected anywhere until “six (6) weeks immediately preceding the day of a municipal election”.

Bylaw 34-2007 was passed in 2007 – and it is mentioned in the Manual every candidate is given.  But that’s all the manual does – mentions the bylaw – doesn’t give any of the content.  Curran thinks the Candidate Manual is poorly written.

Near the end of what is at least a 15 page document there is mention of election sign rules:

Election signs located on private property.  No candidate, agent or any other person shall affix, erect or otherwise display an election sign or permit or cause an election sign to be erected, affixed, or otherwise displayed prior to the issuance of writs for a provincial or federal election or six (6) weeks immediately preceding the day of a municipal election.

It was almost as if the people who wrote the manual wanted to hide the information.

“It is my view: said Curran “that such a by-law is beyond the jurisdiction of any municipality and was passed to assist incumbents with their plans to get re-elected. I would note that Burlington has had a high propensity to re-elect incumbents.

In a letter addressed the City Manager, Curran says: “… you well know that the City already provides free media coverage for incumbents through their various publications particularly “City Wide Magazine” and the Burlington Post’s City Update that features the various incumbent councillors.  Over the course of a four year term, incumbents will have the benefit of taxpayer funded publications which provide them with a great deal of public recognition.”

Curran adds: “Restriction of political signage clearly works to the disadvantage of challengers such as myself. It is inherently unfair. More importantly, it is at variance with the Charter of Rights and Freedom. For greater certainty, my lawyer conducted research for me to verify my views.”

Curran sent along a copy of  an Ontario Superior decision dated Nov 1st, 2007 in the matter of Shurman v Vaughan. In said decision Justice J. Sosna held clearly that such restrictions by municipalities are at variance with the law. Simply put, no municipality can interfere with the “Freedom of Expression” by a citizen.

“It is not my intention to go to Court to resolve this matter” said Curran but he did want the City Manager to  provide a public notice that the subject by-law will not be enforced for the duration of the 2014 election campaign pending a  legal review confirming the legality of the by-law. This would avoid the need for injunctions or court applications. In the name of fairness, I would suggest that such an announcement be made as soon as possible to enable other candidates to obtain profile, while at the same time permitting citizens the right to exercise their democratic right for Freedom of Expression.

Curran copied almost everybody with any clout and an email address at City Hall.  Does he have a point?  How long should election signs be up – would we want signs up in January when people can nominate?