Letter from Federation of Canadian Municipalities (FCM) Re: FCM Legal Defense Fund

March 17, 2017

Dear Mayor and Members of Council,

For the past 20 years, FCM’s Legal Defense Fund has been a critical tool in defending the national legal interests of Canada’s municipalities. When a member calls on FCM to intervene in a court case of national importance, it’s the Legal Defense Fund that makes this support possible. The Fund has been instrumental in setting important legal precedents on a number of issues that are of crucial importance to all municipalities. These include rights-of-way management, payments in lieu of taxes, environmental protection as well as the constitutional ability of municipalities to exercise their legislative powers.

After years of activity, FCM’s Legal Defense Fund has been fully depleted. Now we need municipalities like the Town of View Royal to help restore the long-term health of the Fund.

A robust Legal Defense Fund is more important than ever. As courts — particularly the Supreme Court — become more strict with regard to the number of intervening parties they will allow in any given case, FCM is consistently recognized as the sole municipal intervener in cases with national implications. That means the Fund is the most certain and cost-effective way of protecting municipal legal rights in bodies such as the Courts of Appeal (provincial and federal), the Supreme Court of Canada and administrative bodies like the CRTC. While the Fund is used specifically for costs incurred directly by FCM, its influence in setting national legal precedents benefits every municipality in Canada. A recapitalized Fund will enable FCM to continue its longstanding efforts to maintain adequate municipal control over local rights-of-way and to maximize cost-recovery — while also bringing the municipal voice to a broad range of legal issues. What’s more, it will support a growing demand for FCM to seek out proactive legal opinions on emerging policy issues, such as marijuana legalization. This will help provide all municipalities with the best legal advice available at a fraction of the cost, while contributing to the development of a united municipal response on national issues.

FCM has established a long-term strategy to recapitalize the Legal Defense Fund annually — beginning with an immediate call for contributions to cover ongoing legal costs. While support is voluntary, we strongly encourage members to contribute. FCM’s Board of Directors has established a set contribution formula of 2 cents per capita. Enclosed is a voluntary invoice that indicates the Town of View Royal’s proposed contribution for this year. This amount can be changed based on your budgetary situation. Starting next fall, municipalities will be invited to make an annual voluntary contribution to the long-term viability of the Fund as part of FCM’s yearly membership drive.

All of us have a role to play in advancing the legal interests of Canada’s municipalities. Thank you in advance for your immediate and ongoing support of the Legal Defense Fund. For more information, visit the membership page at fcm.ca or email info@fcm.ca.

Sincerely,

Clark Somerville FCM President

FCM Leadership

President Président Clark Somerville Councillor Regional Municipality of Halton, ON

First Vice-President Première vice-présidente Jenny Gerbasi Councillor City of Winnipeg, MB

Second Vice-President Deuxième vice-présidente Sylvie Goneau Conseillère Ville de Gatineau, QC

Third Vice-President Troisième vice-président Bill Karsten Councillor Halifax Regional Municipality, NS

Past President Président sortant Raymond Louie Acting Mayor City of Vancouver, BC

Chief Executive Officer Chef de la direction Brock Carlton Ottawa, ON

Contact Information

24 rue Clarence Street Ottawa, Ontario K1N 5P3 T 613-241-5221 F 613-241-7440 www.fcm.ca