Calgary citizens group to fight court's decision to approve blanket upzoning

On January 8, an application by a group of Calgarians to have the City of Calgary’s decision to approve a blanket zoning bylaw was overturned in the Court of Kings bench, but the battle isn’t over, says the group’s spokesman and a member of its legal team, Robert Lehodey. 

“Since receiving the decision of the Court on January 8, 2025 regarding the judicial review application, we have been examining it in detail, obtaining considered legal advice and discussing the implications of the decision with Calgarians,” said Lehodey in a release on Sunday. 

“As a result, we have decided to appeal the judicial review decision to the Alberta Court of Appeal.” 

The appeal will focus on two key issues, said Lehodey: “(1) whether city council provided Calgarians with a fair hearing regarding the blanket rezoning; and (2) whether Councillor Carra was biased in the course of participating in and voting in favour of the blanket rezoning.” 

“As with our original judicial review application, we recognize that the appeal process challenges us to overcome significant legal hurdles, "said Lehodey.

“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,” he said.

“This issue has significant implications for the limits of municipal powers and could set important legal boundaries for municipal governance.” 

“The Court’s decision noted a lack of additional evidence on some points, including this concern. However, our ability to provide that evidence was arguably restricted due to the unique constraints governing presenting new evidence in a judicial review proceeding beyond what city council was presented with in making its blanket rezoning decision. This is a tension we will expose and explore on appeal.” 

In addressing actions by Cllr. Carra and his alleged bias, Lehodey added, “Our legal team believes there are reasonable and valid grounds to appeal the court’s conclusion. The appeal will focus on how the court should consider the evidence presented on this issue and the appropriate legal standards for bias in decision-making that should be applied.” 

The Municipal Government Act stipulates city councillors must go into public hearings with an open mind and be open to persuasion, but accompanying the group’s application to the court was an attested affidavit from Calgarian George Clark that shows Carra was biased. 

In sworn testimony, Clark said, in the affidavit, Carra’s mind was firmly made up to vote yes to the bylaw before the hearings began. 

Clark said on April 13, 2024, before the public hearing began, he attended a training session by two organizations, ‘More Neighbours Calgary and ‘Calgary’s Future’ both of which he understood to be in favour of the upzoning bylaw.” 

“When I attended the event, I was surprised to find Gian-Carlo Carra who is my councillor in Ward 9. I sat close to him at the event and he and I discussed the blanket rezoning proposal near the end and after the training session,” said Clark in his affidavit, adding the initial presenter was Kathryn Davies.  

“During her presentation, she described Calgarians who were against blanket rezoning as ‘racist’ and that their opposition was based upon a class system to exclude ethnic diversity and lower middle class Calgarians from accessing housing,” said Clark.

“She stated that those who were against blanket rezoning were trying to prevent the mixing of races and maintain socio-economic patterns of development that favoured the wealthy.”  

“I looked over at Councillor Carra as Ms. Davies described Calgarians opposing blanket rezoning as racists. He nodded his agreement” 

Clark says he was then surprised when Carra spoke for roughly an hour at the session.  

"During his presentation, he described opponents to blanket rezoning as “racist” and “blowhards”. He stated that he ‘was under no obligation to hear, consider nor include anything’ that constituents opposing blanket rezoning might wish to inform him of since he was simply completing the work of “re-engineering Calgary”. He stated that he had been advocating for this process since 2010.” 

In regard to appealing the court’s decision, Lehodey says it will be “challenging”. 

“While this appeal process may take time, pursuing this matter is essential to ensure that the significant issues raised by the blanket rezoning are appropriately considered,” he said, adding the case has broader implications. 

“Blanket rezoning removes the opportunity for individual property owners to make meaningful submissions regarding zoning changes that directly affect them,” he said.

“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.”