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Posted Aug 2, 2026, 9:53 PM
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Moderator
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Join Date: Aug 2002
Location: Winnipeg, Manitoba
Posts: 7,802
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Quote:
Gillingham's secret tower deal could now face court scrutiny
Guest Columnist John Wintrup
WINNIPEG: The Supreme Court of Canada’s recent landmark decision, Democracy Watch v. Canada (Attorney General), will reverberate through governments for many years. “Under the rule of law, all public powers must be legal, and all legal powers have limits,” wrote SCC Chief Justice Richard Wagner. This decision paves the way for a federal court to review the Federal Conflict of Interest and Ethics Commissioner’s decision to exonerate former Prime Minister Justin Trudeau.
In 2021, the Federal Ethics Commissioner appointed by Prime Minister Trudeau investigated Trudeau’s participation in two government funding decisions involving a charity with ties to Trudeau. The Commissioner concluded Trudeau had not violated the Conflict of Interest Act.
Democracy Watch, a non-profit organization advocating for government accountability, disagreed with the Commissioner’s conclusions. The organization applied to have the Commissioner’s decision scrutinized by the Federal Court of Appeal. Federal Law stymied the judicial review by ensuring the Commissioner’s decisions are not subject to the Courts.
“The courts of Canada, like the courts of England, have consistently held that irrational administrative decisions are unlawful, insofar as they exceed the inherent limits of delegated authority,” wrote Justice Wagner. “Irrational decisions raise the spectre of arbitrary exercises of public power; the power of the courts to protect against such arbitrariness lies, as I have explained, at the very heart of the courts’ constitutionally protected jurisdiction. . .”.
Paul Daly, research chair Administrative Law & Governance, University of Ottawa said “This decision applies to all government bodies everywhere in Canada” and “It means that anytime a decision maker – be it a federal cabinet, provincial cabinet, a minister, civil servant, regulator – makes a decision that impacts your rights, privileges, or interests, you can go to court and contest that decision, and no law can shield government decision makers from court oversight about how they exercise their powers.”.
Elected officials’ role is to impede irrational administrative decisions and arbitrary exercises of public power running amok, hurting citizens and taxpayers. Anglo-Irish political philosopher Edmund Burke wrote in 1774 Speech to the Electors of Bristol, laid a foundational stone for modern, liberal democracy. Burke argued elected representatives owe their mature judgment and enlightened conscience to decision-making, not just a mechanical echo of constituent opinion or blind obedience to local popular opinion.
Burkean trustee model, or lack thereof, is on display with the recently proposed high-rise tower on the Granite Curling Club’s parking area. Trudeau’s Federal Government shovelled out millions of taxpayer dollars to municipalities for housing. Mayor Gillingham champions spending this money on high-rise towers, including the one overshadowing the Granite Curling Club. Discretionary City approvals have been required by a proponent City officials describe publicly as an ‘amazing friend’ and ‘wonderful partner’.
Public records on Gillingham’s new high-rise tower are deficient. Materials provided to the public are lacking. Information routinely submitted to the City for such projects is absent. Important information normally required for discretionary approvals, not available to the public.
City officials have refused to release the text of the deal with their ‘friend’. Project financials, cost estimates, revenues, construction procurement processes, sources of funding, etc. have not been publicly disclosed. Gillingham has failed to show how average citizens benefit from this taxpayer-funded project.
City officials have identified no adverse effects of their Mayor’s new high-rise tower. None. Zero. A 126-foot-tall building on the wet side of the flood berm, 55 feet from a wood-frame heritage building, adjacent to mature trees, on a two-lane road and eliminating the curling club parking. Zero impacts requiring zero mitigation.
Consider the contrast. City officials require average citizens to undergo a far more rigorous process (with full supporting materials) for a new garage. Officials have identified impacts and demanded mitigation for a new three-car garage built on a property the size of a CFL field.
Canadians want good government with transparent, equitable and fair administrative decisions that can withstand public scrutiny by the media, the public and the courts. Elected representatives’ fundamental responsibility is ensuring all people are treated equally and ethically by government – not solely the friends of a particular government. Winnipeggers deserve elected officials as champions, not for a select few, but champions for all people to tackle the escalating problems we collectively face in Winnipeg.
— John Wintrup is a lifelong Winnipegger, urbanist, globetrotting city explorer, Harvard student, and professional planner with an M.Sc. Planning degree and holder of multiple planning accreditations in both Canada and the United States. He is a guest writer for Klein Media.
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