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WHEREAS Municipalities are occasionally faced with appealing or defending legal matters of which the decisions of these appeals or defenses affect all municipalities;AND WHEREAS the Alberta Association of Municipal Districts and Counties (AAMD&C) Resolution 21-04F Assistance for Appeal of Road Allowance Decision – County of St. Paul was carried at the Fall 2004 Convention;AND WHEREAS Lac Ste. Anne County recently spent in excess of $250,000.00 defending five (5) charges laid by the Crown under the Environmental Protection and Enhancement Act;AND WHEREAS the five (5) charges laid carried maximum fines of $2,500,000, and the Court imposed a fine of $5,000.00;AND WHEREAS the decisions of these legal matters shall set precedent for future related decisions;
THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties, over a period of time, establish a ‘Reserve Fund for Legal Costs’ with a set maximum limit, to be accessed by municipalities faced with excessive legal costs relating to matters affecting all municipalities;AND FURTHER BE IT RESOLVED that the responsibility to establish criteria for collection and approval of funding from this reserve, including the amounts, rest with the Executive Board of the AAMDC.
The County of St. Paul fought a legal case involving a road allowance for over three years, and when the ruling was laid down, it became obvious that there were errors in law based on several factors in the ruling.AAMDC members approved Resolution 21-04F supporting the County of St. Paul’s appeal, both financially and legally for the benefit of all municipalities.Lac Ste. Anne County successfully defended charges laid against the municipality unde the Environmental Protection and Enhancement Act and in doing so, set a precedent which will also affect future decisions of the Court in related cases.