Calgary’s citywide rezoning bylaw doesn’t appear to be done in court, as the group behind a recently denied challenge of it is now filing an appeal of that decision.
In a message from retired lawyer Robert Lehodey to those supporting the challenge of Calgary’s citywide rezoning bylaw, he wrote that since receiving and reviewing a Jan. 8, 2025 decision, they’ve decided to file an appeal.
He told supporters they would focus on two issues: Whether city council offered a fair hearing on the citywide rezoning and if Ward 9. Coun. Gian-Carlo Carra was biased in participating in and ultimately voting in favour of the bylaw.
“As with our original judicial review application, we recognize that the appeal process challenges us to overcome significant legal hurdles. One of the central aspects of our case involved asking the Court to distinguish the scope of the Council’s authority to rezone 311,750 properties as part of a blanket rezoning,” the message read.
“This issue has significant implications for the limits of municipal powers and could set important legal boundaries for municipal governance.”
Lehodey said that the legal team also believes there are reasonable grounds to appeal the alleged Carra bias and will focus on how evidence is presented on the issue and the legal standard for determining bias in decision-making.
In the prior decision, King’s Bench Justice Michael J. Lema said that the claim Carra wasn’t open to persuasion wasn’t backed by evidence and the witness the complainant had used wasn’t credible.
Carra previously told LWC that he’s “never biased” going into a public hearing. He said, however, that he’s cast six or seven votes in favour of the citywide rezoning process to this point so it’s no secret where he stands on the issue.
“It’s not like it’s the first time we’re ever hearing it, so I have very strong thinking evolved on it,” he said.
“Here’s where my thinking is at and here’s what I’m going to need to hear to change my thinking about it.”
There was a city council exchange documented in Lema’s decision that showed councillors can have an opinion on the topic, but must remain open to persuasion.
‘The appeal process will be challenging’: Lehodey
The appeal of the judicial review will now to the Alberta Court of Appeal, and there it will be heard by a panel of three judges.
Lehodey told supporters that the appeal will take time, but said it’s important to ensure the issues around citywide rezoning are “appropriately considered.”
“This case has broader implications for all property owners in Calgary. Blanket rezoning removes the opportunity for individual property owners to make meaningful submissions regarding zoning changes that directly affect them,” Lehodey wrote.
“Calgarians should carefully consider this fundamental issue of fair process, especially as we approach the municipal elections this fall, where we hope blanket rezoning will be an election issue and the new council will get direction from Calgarians as to how they feel about blanket rezoning.”
Justice Lema himself referred to the decision as a matter that should ultimately be decided at the ballot box, but otherwise said that the decision was made with appropriate legislative authority.
“Calgary City Council acted within its powers, fairly, and with sufficiently open minds,” he wrote in his decision.
Carra told LWC that he believed the court case was put together to continue making news leading up to October’s municipal election.
“I don’t think that the court case was intended to win,” he said.
“I think it was intended to create a news cycle that they could take into the next election. That’s what it’s about.”
There was no indication when the appeal would be heard.
