The referenced article stated that in a notice of application the City alleges that negligence, assault, nuisance, battery and breach of various statutes made by plaintiff Kevin Millership had no reasonable basis for claim.
Reading Hansard from July 29, 1998 one can see why Kevin Millership makes the claim.
These are the described events:
– In 1954 Prince George breached provincial statutes when City Council, by resolution, sanctioned the fluoridation of the city’s water supply. At that time, legislation required measures for the preservation of public health to be undertaken by bylaw, not by a simple resolution.
– As early as 1957 W.A.C. Bennett’s government enacted a law which required the assent of the people to fluoridate municipal water. That law continues to this day through Section 68 of the Community Charter.
– The Honourable Jenny Kwan stated in the Legislature that in discussion with the clairvoyant Prince George Mayor he advised her the original resolution of Council in 1954, some 44 years earlier, is still “indeed the opinion of the electorate”.
_ Following the debate in the Legislature section 43 was added to the “Municipalities Enabling and Validating Act (NO.2)” which had the effect of bypassing the legislated requirement for a referendum on the issue in Prince George. It is as if Prince George had actually had a referendum.
My summary opinion of the events:
– In 1954 Prince George City Council made an intentional or unintentional error in law.
– In 1957 W.A.C. Bennett’s government failed to deal adequately with the Prince George issue as they brought in the requirement for the assent of the public to allow a municipality to fluoridate water.
– In 1998 Glen Clark’s government enacted legislation which had the effect of disenfranchising the citizens of Prince George once again.
– Not a single representative government applied the principles of due diligence in favour of the people of Prince George. That is the intent for the assent of the people.
– Throughout the entire period the average person in Prince George had no idea of the events.
– Today about 97 per cent of the province does not fluoride its water, yet our dental health does not suffer.
If the courts hear this, it will be interesting to see how they will deal with the claim of negligence, assault and breach of at least two statutes.
By enacting a “cease fluoridation” bylaw, Cranbrook has given the people the power to decide as intended under Section 68 of the Community Charter. A “YES” vote in Cranbrook will stop fluoridation; a “NO” vote will continue it.
On the same date in Prince George a “NO” vote might stop the addition of fluoride. Then again, it may not. We are once more dependent on the whims of city council.