Without authority: The minister of municipal affairs cannot remove Calgary County. Sean Chu | The Canadian News

Alberta Municipal Affairs Minister Ric McIver says he does not have the authority to remove controversial Calgary County. Sean Chu amid allegations of inappropriate contact with a minor.

In a statement sent late Friday afternoon, McIver said he sought expert advice on his options as a minister under the Municipal Government Act to remove a duly elected member of a municipal council.

The Calgary-based law firm Brownlee LLP was hired as an outside firm to review the law.

“While the minister for municipal affairs has supervisory jurisdiction over municipalities, the minister does not have the authority to simply remove a councilor from office under the law, particularly for events that took place before a council member was elected. councilor, ”the press release reads.

If McIver wanted to fire Chu, there would be seven preliminary steps that would have to be accomplished under the law.

Although, the query declares that the removal of a counselor by the minister is an “extraordinary exercise of authority that should not be taken lightly.”

The letter said that the minister could still order an investigation or inspection into the conduct of a counselor; however, due to the conduct in question prior to the counselor’s most recent oath, the law firm states that “the minister is not in a position to intervene with a view to removing a democratically elected counselor.”

“If the minister decides to intervene in such circumstances, there is a strong risk that such a decision will be subject to a successful request for judicial review as an act outside the authority of the minister,” the letter said.

Chu was attacked after a CBC Story Posted Oct 15 – the Friday before Municipal Election Day – alleging wrongdoing with a minor while serving as a Calgary Police Service officer in 1997.

At a press conference on October 21 on the allegations, Chu confirmed that he intended to make this term, the third, the last, a promise of a notice of motion that approved the last term.