PEMBROKE — At this month’s session of County Council, a resolution to discontinue the recitation of the non-denominational prayer was approved by Council. Council made the decision after careful consideration of a legal opinion that was provided by County solicitor David A. Stewart of McNab, Stewart & Prince. At April’s Session of County Council staff was directed to seek legal advice with regard to the recent Supreme Court of Canada decision and the County’s Procedural By-law.
Council received a detailed legal opinion from Mr. Stewart, and he expressed the key points in person before Council. Although the County of Renfrew had a favourable decision from a previous challenge dating back to 2000, the recent decision by the Supreme Court of Canada in the City of Saguenay case has drastically changed the legal interpretation of what is considered exclusionary or discriminatory in terms of opening of council meetings with a prayer.
Mr. Stewart summed it up to this point, “I think a challenge would be successful…I would expect if a complainant sought damages, he or she would likely succeed… the bigger exposure (to the County) would not be the damages but the court costs.”
Warden Peter Emon said, “Today we are deciding to remove the non-denominational prayer, and I would note that as our traditions, as does our interpretation of the law evolve through time. As our county, our community and our municipality changes, we are called upon to adjust and re-think how we conduct the business of our municipality. This is a natural evolution of time passing and I hope the community is reassured that County Council has had a good and healthy investigation of the issue. We aren’t turning our back on our community or their traditions; rather it is an opportunity for our community to embrace other beliefs, other ways of thinking, and welcoming all to our community.”
County Council will discuss the addition of a moment of quiet reflection to replace the prayer at a future meeting, when they review the Procedural By-law amendments.
