Apologies and finger-pointing, but no redress

Opinion

Hey there, time traveller!
This article was published 13/05/2024 (511 days ago), so information in it may no longer be current.

‘The right of all people to fair treatment by government is a fundamental human right. Failure to achieve fairness in process and substance is not something which should be taken lightly and should attract condemnation whether it be for what seem like ‘little injustices’ or great evils.” — Gregory J. Levine, PhD, LL.B, Barrister and Solicitor, lecturer and speaker on governmental ethics laws.

Under the headline 43 years of government abuse and intransigence, I wrote on this page more than seven months ago the story of my late father’s and our family’s abuse at the hands of the City of Winnipeg and the province of Manitoba when we owned the Fort Garry Hotel from 1979 to 1987.

Unfortunately, the intransigence continues.

After the op-ed was published, my three adult children and I sought and were granted a cordial meeting with Mayor Scott Gillingham in November. We had also requested a meeting with Premier Wab Kinew.

The premier did not meet with us, however, and in January 2024 we received a letter from the Director, Legal Services Branch of the province, which stated, “Your email of October 19, 2023, to the Honourable Wab Kinew, Premier of Manitoba has been referred to my office and I am pleased to respond.

“The government is aware that your grievance dates back many years and is sympathetic to the concerns you have raised. Nonetheless, as has been previously communicated, your matter was carefully reviewed and it was determined that the province did not cause and was not responsible for any unfairness that you may have experienced. You may wish to raise your concerns directly with the City of Winnipeg.

“Thank you for writing to the Government of Manitoba.”

Then, in March 2024, we received a letter from the mayor.

The letter states, in part, “I would like to thank you and your family for meeting with me in November.”

“As a citizen and as a person, I am deeply sympathetic to you and your family for the personal pain that you have endured.”

“I wish that the legislative framework in place at that time had been clearer for everyone, and that crucial questions about that legislation could have been resolved more expeditiously, as they ultimately were, though by a lengthy and difficult process in the courts. While I believe that the city council and staff of that day sought to act in good faith to follow the legislation and protect the best interests of City of Winnipeg ratepayers, it is clear to me that you and your family were acting in good faith, as well.”

“I am keenly aware that this letter will offer scant comfort, after all that you and your family have been through over so many years, and for this I am truly sorry.”

“Once again, thank you for meeting and sharing your concerns with me.”

It has been 33 years since the correct assessment on our property was determined in 1991 by the Municipal Board, and 25 years since we were advised by the provincial ombudsman’s investigator to appeal to Manitoba’s political leadership.

Finally, after all that time, and after repeated denials of unfairness, in 2023 we were informed that the province had conducted an independent review which found we were, in fact, treated unfairly. The obvious result today is that the city and the province are blaming one another, and both denying responsibility.

The province blames the city for doing the assessment and the city blames the province for confusing legislation. The province has previously stated it is not responsible “as a matter of law”, and the mayor states he is sorry but believes the city sought to act in good faith to follow the legislation and protect the best interests of ratepayers.

The record, however, is clear. In the words of former premier Duff Roblin, “It’s a ghastly story, amounting to a denial of natural justice.”

In the opinion of assessment law expert Michael J. Mercury K.C., it was “legal theft.”

The city imposed an arbitrary and grossly excessive assessment; initiated the court action that deliberately created confusion about provincial legislation and prevented our appeal; conducted tax sale proceedings knowing our assessment was unfair and while we were unable to appeal; aggressively defended the assessment over many years knowing it was grossly unfair and unjust; sought to prevent our further appeal on a point of law from an erroneous Municipal Board decision; refused to consider any remediation of the unjust tax liability; seized and sold the hotel; and since 1991 has disregarded confirmation of the magnitude of the injustice and ignored our grievance.

The province failed to ensure fairness and due process in our assessment appeal; knowingly cooperated with the city in failing to clarify the legislation; failed to ensure due process on appeals from the Municipal Board; repeatedly denied any unfairness over 23 years; failed to ensure procedural fairness in the independent review; refused to share the review report or the identity of the reviewer; and claims the city is solely responsible while the province is not responsible “as a matter of law.”

In fact, both the city and the province are responsible and both know it full well.

Of course, Mayor Gillingham and Premier Kinew are not personally responsible for the acts of the Howard Pawley and Bill Norrie administrations.

But surely they are responsible for dealing fairly with our appeal to them today.

John D. Perrin’s family owned the Fort Garry Hotel until the City of Winnipeg seized it in 1987.