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ARTICLE · 27 APRIL 2023

Must Your Chair Sit In Their Chair?

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The Manitoba Court of Appeal recently considered whether a municipal council can remove a mayor's duty to preside as chair during council meetings in Sul v The Rural Municipality of St. Andrews...

CanadaLitigation, Mediation & Arbitration
Milad Alishahi
Milad Alishahi
James Mercury
James Mercury
Emma Ashworth (Articling Student)
Emma Ashworth (Articling Student)
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A municipality's efforts to prevent its mayor from chairing council meetings have been struck down by the Manitoba Court of Appeal.

The Manitoba Court of Appeal recently considered whether a municipal council can remove a mayor's duty to preside as chair during council meetings in Sul v The Rural Municipality of St. Andrews, Manitoba et al., 2023 MBCA 25.

In December 2019, Council for the RM of St. Andrews ("Council") voted to remove the mayor's duty to preside over council meetings following the mayor's controversial public comments and failure to maintain decorum at council meetings. Council amended its procedures bylaw to give it the authority to appoint council members to preside as chair over council meetings. Council subsequently passed two resolutions that appointed certain councillors to the positions of chair, deputy chair and spokesperson on behalf of the RM.

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