If for 6 years the Township of South Glengarry denied access to Municipal Election Records (Given the LAW below) is that constitutional?
If the Township of South Glengarry sent you this notice, and only you, is that discrimination? is that constitutional?
LAWYER’S LETTER: We have been retained by the Township of South Glengarry with respect to your ongoing and numerous inquiries and requests for information from the Municipality. Any future requests received by the Municipality will be dealt with in accordance with the relevant legislation, however, from this point forward, I am advising you that the Municipality will only respond to properly submitted written requests pursuant to the Municipal Freedom of Information Act; those requests must be submitted in accordance with the rules set out in the Act and accompanied by the prescribed fee. This legislation is accessible at www.e-laws.gov.on.ca. The Municipality’s (Chief Administrative Officer previously informed you, by email, of the proper way to submit such requests to the Municipality:
“Should you require any information from the Township send your request to the Clerk with a $5 non-refundable application fee, the types of record(s) you are requesting, and specify the names of the records, including dates, where possible. We will then respond with a reasonable estimate of the costs that you will be required to pay for these records.”
If the Municipality then ignored and denied Freedom Of Information requests for Election Records(and all Public Records) ? is that constitutional?
Municipal Elections Act: Public records
88(5) Despite anything in the Municipal Freedom of Information and Protection of Privacy Act, documents and materials filed with or prepared by the clerk or any other election official under this Act are public records and, until their destruction, may be inspected by any person at the clerk’s office at a time when the office is open. 1996, c. 32, Sched., s. 88 (5).
The IPC and Ombudsman are/were no help.