A motion put forward by Saint John Mayor Don Darling to make racist acts punishable offences suffered a setback at council Monday night.
City Solicitor John Nugent told council his belief is municipalities don’t have the authority to enact that legislation under the Local Governance Act.
“The notion of a bylaw designed to prohibit or address in any fashion discrimination based upon race is simply beyond the reach of local governments in this province,” Nugent said.
Darling’s motion followed global Black Lives Matter demonstrations, including the creation of the Saint John Black Lives Matter Movement this summer. The motion was met with praise from many in the community and around the council table.
The mayor was absent from Monday night’s meeting.
Nugent did recommend council consider creating a municipal Human Rights Charter, which he says other, larger cities have done.
City Manager John Collin says despite Nugent’s report, the city has already begun looking at other ways to reduce discriminatory barriers.
“We are not powerless to help address racial discrimination, and barriers and challenges that exist,” he said.
Collin says council is looking at new policies and legislation through the lens of potential barriers for vulnerable communities.
He cited new job postings as a way to improve opportunities for racialized communities in Saint John.
“Are we putting in some of the items that will be viewed as barriers for certain racial classes, newcomers, or anything else?” Collin asked. “For example: years of experience, education requirements. If so, we need to be able to justify those. Otherwise, we are putting in barriers that do not help with this very real challenge society faces at this point in time.”
Councillor David Hickey backed up Collin in saying that council has a responsibility to continue to fight racism. He cited the nomination committee’s use of policy to ensure gender or racial balances can be met.
“There’s powers within all of us, as individual councillors but also council as a whole to continue to take these steps, and I hope we continue to use it as a lens moving forward in the decisions that we make.”