There is no question that most Quebecers have their differences with Premier François Legault and his CAQ government. However, as a city councillor in Côte Saint-Luc soon to be headed into my 20th year in office, I applaud the passage of Bill 57 to enact the Act to protect elected officers and to facilitate the unhindered exercise of their functions and to amend various legislative provisions concerning municipal affairs.
I knew when I first ran for council in the 2005 election that one of the most important tasks would be to advocate for my constituents, not only those in my District 2, but citizens at large.
Bill 57 includes fines of up to $1,500 for anyone who intimidates, harasses or “abusively” obstructs the work of a politician. It was triggered last spring when an organization representing Quebec municipalities released a survey indicating 74 per cent of elected municipal leaders reported having experienced harassment and intimidation, and 741 out of 8,000 had quit since elections were held across the province in 2021.
There is no question that being an elected municipal councillor can be challenging. I represent the area where I live so when I walk in front of my house, visit the local parks or even do my shopping at Quartier Cavendish, it is not uncommon for constituents to greet me with a complaint first and a “hello” after. I have not even gotten into the acts of cyberbullying. This has escalated over the last few years, not only towards the mayor and council, but many of our senior staff members. Nasty and sometimes threatening e-mails and inappropriate posts on social media have become common place. Now I personally have a thick skin. I know that as elected officials it our duty to tackle issues of concern in the neighborhood. Everything is balanced, though, by the good moments. I am proud of the many initiatives I have taken over the years, be it park improvements, the creation of a committee to take care of homeless cats and many more.
Let me be clear. While I am very pleased to see Bill 57 adopted, in no way are we we trying to threaten free speech. I remain one of Montreal Mayor Valerie Plante's critics for her war against cars and lack of consultation on major projects. People can, and should, be able to express their concerns to the politician who represents them. Several days a week I take walks through my district with a notepad in hand. I go out of my way to resolve issues. Dozens of e-mails come my way each week and most arrive very respectfully.
Have some constituents crossed the line? I am afraid to say that the answer is yes. We have discussed Bill 57 as council often over the last few weeks and it will be implemented where absolutely necessary.
The Act Introduces the possibility for an elected municipal officer who is the subject of comments or actions that unduly hinder the exercise of her/his functions or invade her/his privacy, to apply to the Superior Court for an injunction to put an end to the situation. Anyone who hinders the exercise of an elected officer’s functions by threatening, intimidating or harassing the officer in a manner that causes them to reasonably fear for their integrity or safety is liable to a fine. The same goes for anyone who causes disorder in a way that interferes with the conduct of a sitting of a council of a municipal body.
In terms of some of the measures to protect elected officials, an injunction will be put in place if an elected official is the subject of comments or actions that improperly impede the performance of his or her duties or constitute an unlawful invasion of his or her right to privacy.
Different possible conclusions aimed at resolving the situation could include prohibiting the person from attending the public council meetings, being present at a municipality's offices, prohibiting the person from communicating with the elected official, ordering the person to stop broadcasting the comments in the public space.
