A judicial review starts Monday that is likely to have a significant impact on the City of Medicine Hat's leadership crisis. (Photo: CHAT News Today)

By Eli J. Ridder

Court challenge begins for City of Medicine Hat v. Mayor Linnsie Clark

Aug 12, 2024 | 8:42 AM

MEDICINE HAT, AB – It all begins today.

Mayor Linnsie Clark v. the City of Medicine Hat will kick off starting at 10 a.m. at the Court of King’s Bench in Calgary.

The case is scheduled to take place over two days at court.

Day 1 is a reading and no decision is expected. Day 2 on Tuesday could bring about a ruling from the judge.

The judicial review was expedited so the issue of sanctions placed on Clark is likely to be addressed urgently, according to officials.

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Still, the city has been in the throes of a leadership crisis for months.

Council in March voted unanimously to sanction Clark and cut her salary in half after finding she broke its code of conduct bylaw by failing to treat the city manager with courtesy, dignity and respect during a tense exchange in August 2023.

Clark has maintained the sanctions were disproportionate and hopes the judicial review removes the limitations placed on her by the seven councillors and fully restores her salary.

The judicial review is likely to set precedent with the code of conduct being such a new requirement in Alberta, according to a University of Alberta law professor.

Gerard Kennedy, the professor, says there are different scenarios that could play out over the next two days.

First, it’s not likely the judge will make a decision today. Instead, a decision is probably coming Tuesday.

“The judge will probably try to prioritize getting a decision out,” Kennedy told CHAT News in a recent interview.

It would be “unusual” for the decision to come on Day 1 for an issue of this magnitude, he said.

“It’s an unknown,” he added.

As for what that decision will be, there’s a few different scenarios, Kennedy said.

The judge will have to make a decision on if the sanctions on Clark were lawful.

“In a judicial review, normally the judge gives some deference to the body, in this case, the municipality that imposed the sanctions,” Kennedy explained.

There are exceptions to the approach, but it will come down to the judge’s take.

The judge could decide to reverse the sanctions and restore Clark’s salary in full or side with council entirely and keep sanctions in place.

The justice could also choose to reverse only part of the sanctions or keep the sanctions but restore Clark’s salary. There’s several possibilities, said Kennedy.

As for the judge asking the two sides — mayor and city — to leave court and work it out themselves, Kennedy said it’s possible but unlikely.

However, Monday and Tuesday will almost certainly be only time the two parties’ lawyers are in court together, no matter if a decision is made this week or not, according to Kennedy.

What makes this case somewhat tricky to predict, even for administrative law experts, is the unprecedented nature of the situation, at least in Alberta.

Whatever happens Monday and Tuesday will not only determine the future of Medicine Hat’s government but will also likely reverberate across the province.

READ MORE: Lethbridge News Now

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