Judge quashes Frontenac Islands communications bylaw, finds council unlawfully constrained mayor's role

An Ontario Superior Court judge has quashed the Township of Frontenac Islands' communications bylaw. The ruling found that Township Council exceeded its authority by restricting the mayor's statutory role and that the policy was enacted, at least in part, to constrain Mayor Judy Greenwood-Speers's ability to communicate on behalf of the municipality.

In a decision released on Thursday, Jun. 25, 2026, Justice Alexandre Kaufman struck down Township By-law 036-2024, concluding that it unlawfully interfered with responsibilities assigned to the mayor under Ontario's Municipal Act. Kaufman had heard the case on January 8, 2026, in the Kingston Superior Court of Justice.

The Township had argued the bylaw was a legitimate exercise of Council's authority to regulate municipal administration and external communications. Represented by lawyer James McCarthy, the municipality maintained the bylaw "does not diminish the Mayor's statutory role" but merely regulates "the manner in which the Township communicates externally." It also argued the legislation "does not give the Mayor authority to bind the Township unilaterally or to determine the Township's message."

Kaufman accepted portions of that argument, agreeing that Council was entitled to adopt communications policies promoting "accuracy, consistency, and professionalism in municipal communications" and that the mayor could not "bind the Township unilaterally or determine Council's official position without Council authority."

But he concluded that the policy crossed the legal line.

"The difficulty is that the By-law goes beyond those permissible objectives," Kaufman wrote. "It singles out the Mayor and subjects her communications with the media and the public to a process controlled by the CAO/Clerk."

The communications policy designated the Township's chief administrative officer (CAO) as the primary point of contact for media inquiries involving the mayor. Under the policy, communications were to be routed through the CAO, who would contact reporters, determine their needs and deadlines, prepare key messages for interviews, and, where appropriate, sit in on those interviews.

Kaufman rejected the Township's characterization of those requirements as merely administrative. Instead, he pointed out that the policy "place[s] the CAO/Clerk between the Mayor and the external audience with whom the Mayor seeks to communicate."

By requiring the mayor to route communications through the CAO and allowing the CAO to draft "key messages" and sit in on interviews, the policy did "more than provide optional administrative assistance," he wrote.

The judge also rejected the Township's argument that the policy did not interfere with the mayor's legislated role.

While the Municipal Act does not explicitly define what it means for a mayor to represent a municipality, Kaufman concluded that role necessarily includes acting as its public spokesperson. 

"The Act refers not only to representation within and outside the municipality, but also to the promotion of the municipality locally, nationally, and internationally," he wrote. "Those words contemplate an outward-facing role that includes communication, advocacy, and engagement with other levels of government and the public."

Kaufman further found the bylaw treated the mayor differently from every other elected official on Council. Councillors were permitted to respond to media inquiries on their own behalf and could seek suggested messaging from the CAO "where appropriate and at the request of the Council Member."

The mayor, by contrast, was required to direct media inquiries through the CAO. 

"The by-law therefore imposes more restrictive conditions on the Head of Council than it imposes on individual councillors," Kaufman wrote.

Ultimately, Kaufman concluded those restrictions substantially impaired Greenwood-Speers's statutory responsibilities, writing, "The Mayor's statutory role as Head of Council and Chief Executive Officer includes acting as the municipality's representative within and outside the municipality and promoting the municipality." 

"Those functions necessarily include communicating with external stakeholders, including other levels of government and the media."

Perhaps most significantly, Kaufman concluded the bylaw had been adopted, at least in part, for an “improper” purpose.

"The evidence filed by the Mayor demonstrates that members of Council disagree with her about the appropriate approach to advocacy on behalf of the Township, particularly in relation to the ferry service," he wrote. 

"I find that the By-law was enacted, at least in part, to constrain the Mayor's ability to communicate externally in the exercise of her representative role. That was not a proper purpose."

The court ordered the Township to pay Greenwood-Speers $3,000 in costs.

Ferry dispute at the heart of the case

The judgment repeatedly references the importance of the Wolfe Island ferry service, describing it as a vital transportation link for residents, businesses, tourism, emergency services, and access to healthcare.

The legal dispute grew out of the same long-running ferry reliability issues that continue to dominate Township politics today.

After months of service disruptions, Greenwood-Speers wrote directly to Premier Doug Ford in December 2024 outlining residents' concerns and proposing solutions.

Several councillors criticized both the tone and content of Greenwood-Speers's letter.

According to Kaufman's summary of the evidence, one councillor objected that the letter had not been reviewed by Council and suggested it implied other councillors did not understand ferry issues. Another said it made it more difficult for Council to work as a team. A third criticized what he viewed as the mayor's confrontational approach toward the province and suggested the deputy mayor was better positioned to manage the township's relationship with the Ministry of Transportation, the provincial ministry that oversees the operations of the Wolfe Island ferry service.

A complaint was later filed with the Township's integrity commissioner, alleging Greenwood-Speers had violated the communications policy.

The commissioner concluded Greenwood-Speers had breached the policy and, by extension, the Township's code of conduct, although no sanctions were imposed. He also recommended amending the policy so the mayor could communicate with external stakeholders only where the content had first been approved by Council.

Kaufman concluded Council could not use a communications policy to restrict responsibilities assigned to the mayor under provincial legislation.

While he agreed municipalities may adopt policies requiring elected officials to accurately communicate council decisions and avoid misrepresenting the municipality's official position, he noted the township's existing Code of Conduct already addressed those concerns.

"If the Mayor breaches that obligation, the appropriate remedy is a complaint to the Integrity Commissioner," Kaufman wrote.

"Council cannot, under the guise of a communications policy, remove or substantially impair the statutory role assigned to the Mayor."

Because he reached that conclusion, Kaufman said it was unnecessary to decide Greenwood-Speers's additional arguments that the bylaw had been enacted improperly or in bad faith.

'This is my role — to advocate'

Speaking with the Kingstonist, Greenwood-Speers said she felt vindicated after maintaining from the outset that the bylaw was unlawful.

"I was pleased," she said. "From the get-go, before it was ever passed, I said, 'This can't be legal.'"

She said she warned Council before the vote to enact the communications bylaw that the issue would ultimately have to be decided in court: "I made my impassioned argument against it, and I said this is ultimately going to have to be decided by a judge."

The ruling, she said, confirmed what she believed to be the proper role of an elected mayor.

"This is my role — to advocate," she said, referring to her communications with the province during the ferry crisis.

Greenwood-Speers also believes the Integrity Commissioner's finding against her will no longer stand because it was based on a bylaw that has now been quashed.

"It's got to be quashed because it's all based on the bylaw," she said.

She said she also wants the municipality to disclose the legal advice council received before defending the bylaw in court and to publicly account for the legal costs borne by taxpayers.

"I'd like to know what advice was given to the council," she said, noting "someone has made money all the way along," through the integrity complaint and subsequent litigation.

A divided council

The communications bylaw was adopted on October 15, 2024, in a recorded 4-1 vote, with Deputy Mayor Bill Saunders and councillors Bob Ackley, Dan Hulton, and Mike Jablonicky voting in favour. Greenwood-Speers cast the lone dissenting vote.

Earlier during that same meeting, the same four councillors voted against Greenwood-Speers's motion urging the province to restore the Wolfe Islander III to its previous 60-minute schedule until the newer Wolfe Islander IV could reliably provide equivalent service. Greenwood-Speers was again the sole vote in favour.

Kingstonist asked Deputy Mayor Bill Saunders whether the Council accepted Justice Kaufman's findings, whether the Township intends to appeal or amend the bylaw, and whether taxpayers will receive an accounting of the legal costs associated with defending the bylaw.

In an email, Saunders responded, "Unfortunately, I have no comment on the decision and will not be responding to your questions."

Whether direct advocacy on behalf of Wolfe Islanders is more or less appropriate than playing politics with Queen's Park, the Superior Court decision ultimately leaves the political debate unresolved. What it settles is the legal one: whatever the Township of Frontenac Islands Council thought of Greenwood-Speers's advocacy style, it could not use a communications bylaw to restrict a role assigned to Ontario's elected mayors by the Municipal Act.