For more than a month the RM of Moose Creek Council has trampled hard on the statutory right of ratepayers to be heard under a "Petition for a Referendum". This right is provided for in the Municipalities Act beginning at Section 132. On Feb.18, 2011 in Court of Queen's Bench Chambers; Judge Kovach ruled "Accordingly, an order shall issue requiring that the Rural Municipality of Moose Creek No #33 to hold a referendum in accordance with the "Petition Requesting a Referendum "submitted herein."
This decision is an affirmation and order of what any legal advisor, reeve, councillor,administrator or ratepayer should have known by simply reading the Municipalities Act. Now, at a cost to the Respondent of more than $2901.00 there can and should not be any doubt in anyone's mind about a petition for a referendum.
What does remain is a debt to many persons who have supported the Respondent and paid these defence legal bills. Those persons are up to 94 years of age; and it is expected that Council will quickly and voluntarily reimburse the legal costs incurred in order to get the full story before the Court."
It was clear from the outset how "sufficient" petitions must be dealt with by a Council receiving them; and while it may come as a
suprise to council; it is exactly what the Municiplities Act states in no uncertain terms. If Council becomes intransigent; there are many avenues that can be used to shame or force repayment.
If the RM of Moose Creek Council does not reveal their costs and inform ratepayers about the legal costs that ratepayers have also incurred as "Applicants" to this Court "direction` application; then an accounting will be provided as soon as this information can be obtained.
Murray C. Johnson
Oxbow, SK
