On Friday, July 7, 2023 at 11:37 AM, as per the Town of Amherstburg procedural by-law, I applied to be a delegate regarding an agenda item.

I attached speaking notes consisting of two sentences contained in the June 26 administration report to council.

On Friday, July 7, at 1:36 PM, Deputy Clerk Sarah Sabihuddin (hired in May; former recorder for Windsor Police Services Board) thanked me for my submission and stated, ‘The attached delegation form does not convey sufficient detail for assessment. Please provide greater context to be able to evaluate this request to delegate before Council in order for the Town to process this request.

For example, the attached speaking notes provide a quote from the report but do not indicate what the concerns you have are and what action you wish the Council to take.’

On Friday, July 7, at 2:38 PM, I answered, ‘i believe i have fulfilled all the requirements to be a delegate at the July 10, 2023 council meeting. there is no requirement on the form or in the procedural by-law for me to state ‘what the concerns you have are and what action you wish the Council to take.’ the agenda arrived late yesterday and i met today’s noon deadline to apply. i have a constitutional right, guaranteed by the supreme court of canada, to exercise free speech. if any specific legislation to the contrary exists, please provide me with it.

additionally, as a person with disabilities, i am entitled to equal treatment without discrimination under the ontario human rights code and i have the right to be accommodated, pursuant to same. again, if there is any legislation to the contrary, please provide me with it.

I heard no more until Monday, July 10 at 9:28 AM, CAO Critchley emailed that my email had been sent to her for reply. Critchley’s response was, ‘While I agree with you that the Canadian Charter of Rights and Freedoms guarantees all Canadians the right of “free speech”, it does not guarantee the right to exercise that free speech wherever and whenever a person so chooses. For examples, delegations “as of right” are not permitted in either the House of Commons or the Legislative Assembly of Ontario. Further, most municipalities across the province have procedures in place for delegations which must be followed. I would note that, in addition to presenting in person, the majority of these procedures also include the ability to provide written materials, as is the case in the Town of Amherstburg.

However, having said that, I agree that our Procedure By-law is somewhat vague on what a delegation must submit in order for the delegation request to be approved. Therefore, in this instance, your request will be approved and the Deputy Clerk will provide you with the Zoom meeting link for tonight’s Council Meeting.’

My response to Crtichley was copied to everyone on council because an update of the 2014 procedural by-law is overdue. ‘i hardly think delegates in amherstburg compare to provincial and federal parliaments. you may recall that in february i did ask what accommodations the town provides for persons with disabilities who are unable to attend council/committee meetings in person. equal opportunity should be provided as it is for in person residents who wish to speak. 

also, in march, there seemed to be some misunderstanding regarding my delegate request and the required submission. at that time, i reiterated my accommodation question. 

i have been asking for the procedural by-law to be updated to reflect current legislation, like other municipalities, that afford equal opportunities to residents, including persons with disabilities. for example, while residents may have ‘the ability to provide written materials,’ it is usually relegated to consent correspondence, whereas i requested written submissions be considered as one method of delegating – again, like other municipalities. that would be more inclusive, wouldn’t it? when will council exercise its authority to update the 2014 procedural by-law?

given that there seems to be an increase in the number of times delegate requests are at issue, now would be an opportune time to update it, with public consultation of course.’

Related: Hear Delegate Request Discussion June 12, 2023 Council Meeting