CBRM: The Ben Eoin Breach

CBRM Council recently headed out to Ben Eoin, to the Ben Eoin Golf Club and Resort, or The Ski Hill, as locals call it in the winter.

Did they ski? Not to my knowledge.

Did they hold a three-day strategic planning meeting? Yes, they did.

Did they invite some business owners and community leaders to share their knowledge? Check.

David Delaney, in his opinion column in the Cape Breton Post described the meetings like so: "This was pure window dressing, plain and simple. It sought to create the impression that something new was taking place, the aura of secrecy adding to the false atmosphere of significance. Such an impression fabricates the aura of relevance, a passion of the politics of using words and actions to hide and not reveal truths."

Whoa. 

I do not share Mr. Delaney's stated belief that our new council went to Ben Eoin to hide truths as we were all distracted by the grandiosity of the ski hill, though those sparkling lights at night are something. 

The Clarke years have left us sensitive – remember how the council meetings would always start with the clerk stating, “It was a dark and stormy night” and fake lightning and thunder would roar in the chambers? (This may have been in my head only.)

What have we learned from the Ben Eoin Breach. 

It has been reported that the Council did ask the CBRM solicitor if it was legally ok to hold the Ben Eoin workshops or meetings privately. The word is that they were told that they could do so. 

Now, the solicitor should explain to council and to us why he believes that the Ben Eoin meetings did not breach the Municipal Government Act. 

Hop on the train to boring town with me, for a minute. 

Here is the part of the MGA that regulates when Councils can have meetings closed to us:

Open meetings and exceptions 22 (1) Except as otherwise provided in this Section, council meetings and meetings of committees appointed by council are open to the public. (2) The council or any committee appointed by the council may meet in closed session to discuss matters relating to (a) acquisition, sale, lease and security of municipal property; (b) setting a minimum price to be accepted by the municipality at a tax sale; (c) personnel matters; (d) labour relations; (e) contract negotiations; (f) litigation or potential litigation; (g) legal advice eligible for solicitor-client privilege; (h) public security.

1. Was the Council deciding to buy land? No.
2. Was Council deciding the price tags for a tax sale? No.
3. Was Council discussing a personnel matter? No.
4. Was Council discussing labour relations? No.
5. Was Council negotiating a contract? No.
6. Was Council discussing a lawsuit? No.
7. Was Council seeking legal advice? No.
8. Was Council discussing public security? No.

It seems clear that the Ben Eoin meetings should have been open to the public. The Minister of Municipal Affairs has said that he is down with the Ben Eoin meetings, as long as the council had been advised that they were legal by their solicitor. 

I have faith in our new council thus far. 

It is my hope that we will be given an explanation as to why the CBRM solicitor believes that meetings like ones in Ben Eoin follow the rules as set out by the Municipal Government Act (MGA). 

I do hope that our council, whatever legal advice they receive, decide to open all meetings except those that the MGA states must be closed in the future. It matters.