OMB challenge weighed

Fri, November 25, 2005

Some council members raise jurisdictional issues, while others don't want to risk the electorate's wrath.

By JOE BELANGER, FREE PRESS CITY HALL REPORTER



Appealing an OMB decision would be like "appealing against the citizens" of London," says a city councillor.

Ward 2 Coun. Joni Baechler said she won't support an appeal.

"The Londoners who voted for change (in the election referendum) also voted us into office, so we'd be appealing against the citizens," she said.

Several other councillors who voted for a change in the size of council have declared they won't support an appeal.

Baechler, Susan Eagle and Fred Tranquilli -- who said Wednesday an appeal would anger voters and lead to more cynicism -- are adamant an appeal is unnecessary.

University of Western Ontario Prof. Andrew Sancton, an expert in local government, said council must be cautious before appealing.

Sancton said those who support an appeal could end up running in a ward they tried to eliminate, perhaps drawing public wrath.

"Then there's the question of timing, if an appeal is launched," Sancton said.

"What happens? The whole thing is going to be very difficult if it has to be done before Jan. 1."

Under the Ontario Municipal Elections Act, any boundary changes must be in place by Jan. 1, 2006, for the November election.

City legal staff say council could ask the OMB to review the decision, or appeal it to Divisional Court. They could also ask for a stay of the order to give extra time for public participation, which could delay implementation until after next year's civic election.

Several councillors remain non-committal on an appeal.

Controller Russ Monteith and others said they will wait to hear what legal staff have to say.

"I want to know if there's any reason to ask for a review, or if an appeal would have any value," Monteith said.

But Monteith also said "there is a political side."

And that, says Sam Trosow, of Imagine London, the group that won the appeal, is public wrath.

"If city council does that, I think they're going to lose, run up a huge legal bill and really outrage a lot of people who see this decision as a possible fresh start," he said.

"The London public is not stupid. They'd see an appeal as a last-ditch effort to hang on to power."