Back Room Deals Are Never Acceptable - Stephen Drake Letter

In recent published comments, Mayor Cecil Clarke suggested that because the Municipal Government Act was ignored in the past, it is perfectly acceptable for our current elected representatives to continue thumbing a collective nose at a statutory mandate to follow the rules.  What the Mayor and Council repeatedly did "in camera" (in secret), as opposed to "in public," was a breach of the governing legislation. 

The Act is online - I read it.   (As a former union leader, I can state absolutely that these types of back room deals are never acceptable.) 

In defense of the breach(s),  Mayor Clarke reportedly stated that it is a longstanding practice he inherited from previous CBRM councils, and there is no desire to change anything; so what's to champion.  

So, that vague political hyperbole makes it acceptable to breach, and continue to breach, statute based law?  Nope. Not much of a defense.  

The case for continuing the back room sessions is not playing out well in the Court of Public Opinion.  Nor would it play out well in a Court of Law: it's a Statute - it's binding - on everyone - including the Mayor! 

The Jury is in: Cecil Clarke is a serial politician; not a lawyer, therefore his opinion on the law should be given the weight it deserves.  

As an elected leader, no one should have to ask him to champion for change to an illegal precedent - he should just lead. 


Stephen J.W. Drake is a lawyer living in River Ryan

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Lynn Hussey Follow Me
Thanks for that Steve. Wise words sadly they'll fall on deaf ears..keep poking through.
Ron Evely Follow Me
Hard to believe. It's wrong, we know it's wrong, but since it's been an acceptable practice in the past...oh well...it's OK? Acceptable to whom?
Joe Ward Follow Me
Highly authoritative figures in our community are showing that Clarke's administration is increasingly being questioned. Just this week we have Mr. Drake's letter, former Chamber of Commerce CEO Adrian White scrutinizing container port strategy, the CBRM solicitor contradicting the mayor in the Cape Breton Spectator, and even the new owner of the Screaming Eagles jokingly telling Clarke not to worry about him coming for his job. A joke, yes. But, an awareness of Clarke's constant missteps and controversy and increasing job insecurity, yes too. The house of cards needs some duct-tape because it's poorly built and ready to topple.
Robert Woodley Follow Me
Next time I get stopped for speeding, I will simply point out to the officer that I am continuing a practice followed by many, many Cape Bretoners, and cite Mayor Clarke as my precedent. I am confident the officer will tear up the ticket and be on his way!

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