Calgary’s blanket rezoning bylaw survives court challenge

Calgary’s controversial blanket rezoning bylaw has survived a legal challenge from a group of residents opposed to the new rules allowing higher density across the city.

The case brought forward by Calgary homeowners and their lawyers argued that the city did not have the authority to enact the bylaw and the public hearing process that preceded the legislation was flawed.

Wednesday’s 39-page decision from Justice Michael L. Lema rules that city council acted “fairly” and within its powers. He also dismissed a subsequent claim and found it was acceptable that Ward 9 Coun. Gian-Carlo Carra previously had a “firmly held opinion” on the matter before hearing from Calgarians.

“I conclude that the Municipal Government Act (MGA) provided clear authority to the City to enact the new zoning bylaw,” reads the ruling.

The city held a marathon public hearing last spring that lasted more than two weeks and included around 6,100 written submissions and more than 700 speakers.

Out of those speakers, more than 62 per cent were opposed to the idea of citywide rezoning, and just over 30 per cent supported it.

The applicants argued that the hearing was not a fair process, and should have had a neighbourhood-by-neighourhood, instead of just being citywide. Justice Lema ruled the city provided a sufficient level of fairness, stressing that a general rezoning bylaw is not a judicial process, but a legislative one.

“The applicants disagree with the council’s decision,” reads Wednesday’s decision. “But that does not mean they did not receive procedural fairness.”

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The court challenge also argued that Ward 9 Coun. Carra showed bias even before the marathon public hearing began.

The lawyers relied on an affidavit from a man named George Clark who was at an event earlier this year where Carra was invited. The event aimed to help people present to city council and Carra said shortly after he was only invited to the event to provide advice.

Clark claimed Carra was guiding people on how to persuade other members of council to vote yes to blanket rezoning. He also claimed the councillor referred to those opposed to blanket rezoning as “racist” and “blowhards.”

Lema’s decision found that Clark was not a reliable witness and also said the applicants could not prove that Carra had a closed mind during the public hearing.

“No evidence shows that Coun. Carra was not amenable to persuasion during the hearing,” reads Lema’s decision.

Former lawyer Robert Lehodey who spearheaded the legal challenge says he’s disappointed, but adds there are plans to have lawyers review the decision to see if there is an opportunity to appeal it.

Otherwise, he hopes the bylaw could eventually be changed at the ballot box.

“Hopefully Calgarians will make this an election issue and ask candidates running for council or mayor what their position is on overturning rezoning,” he says.

Council voted 9-6 to approve of blanket rezoning, with those in favour hoping the move will provide relief to the housing crisis by speeding up approvals and making it easier for more housing options to be built across the city.

The change means Calgary’s base zoning now allows for townhomes or row homes to be built in most communities alongside single-family homes and duplexes.

The highly contentious topic continues to generate lots of discussion on both sides of the issue; those in favour say it will have a positive impact on the housing crisis, and those opposed argue it will bring unwanted density to areas that aren’t ready to accommodate it.

“Rezoning is not a solution to affordable housing and density for density’s sake is not planning,” says Lehodey. “(The city) should be focusing on building affordable housing in place where it makes sense, along transit line and on unused land.”

Since council approved blanket rezoning in May, the city has received hundreds of applications for new row housing and other new high-density developments around the city.