Casting a vote for the city council and mayors office is a great way to honor the ideals of Canadian Democracy.
When the ballots are cast and votes have been counted the city of Brantford will have a new city council, and Brantford constituents will have a new crop of quasi-constitutional representatives.
In a ceremony to officially appoint the new council, each member will swear an Oath of Allegiance, sign an Oath of Office, the Athenian or Hippocratic Oath, these are very serious personal and professional guarantees. These guarantees to do no harm are backed by a fidelity bond.
To prevent abuse of office, the rights and obligations of the public Office must be easy to understand and made available upon demand.
The moment the new council signs the Oath of Office they are working explicitly for the Queen of Canada, with limited rights and obligations. One obligation that may seem obvious is fair representation through delegation, this delegation is exceptionally difficult to prove on an individual basis since all votes (proof of delegation) are kept secret.
Delegation involves the following three basic elements
- Assignment of duties to subordinates,
- Granting of authority to enable the subordinates to perform the duties assigned, and
- Creation of obligation on the part of subordinate to perform duties in an orderly manner.
The Delegation of Authority is an Order, and ultimately the property of the citizen collective and qualified individuals. In order to qualify to vote in any municipal election in Ontario, you must be aged 18 or older and a Canadian citizen.
Demanding Property (Canadian Criminal Code)
337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 297.
When no proof of delegation is delivered or verifiable then a few questions arise over the limits of the councils representation. This demand and set of questions is taken to a whole new level of complexity when you consider that Native nations also have people living in and around Brantford that may not share the same constitutions as Canadian citizens or their representatives.
For example, If a Mohawk national lives in Brantford does the council and mayor represent the Mohawk? How would the council prove that delegation? and what are the concerns if delegation can not be proven?
If no actual delegation exists, Is it a presumption of representation or misrepresentation? Is there a constitutional conflict? How is the Oath of Offices affected if the misrepresentation is proven? Who is liable for any harm caused by any tort or constitutional misrepresentation?