Judicial review underway over Calgary's citywide rezoning bylaw

Lawyers arguing against Calgary's controversial citywide rezoning changes say the bylaw should be overturned due to a lack of procedural fairness and impartiality in the decision to approve it earlier this year.

A judicial review started Wednesday morning in front of a jam-packed courtroom and included hours of arguments both for and against the bylaw, which was passed by council in a 9-6 vote in May.

Legal action was launched months ago on behalf of hundreds of Calgarians who are against rezoning.

Justice Michael Lema, who is based in Edmonton and was brought in to oversee the judicial hearing.

Richard Harrison, who is one of the lawyers representing the applicants against the bylaw, said there are three issues with the bylaw and how the decision was arrived at after a lengthy public hearing:

• A lack of procedural fairness in allowing all voices to be properly heard;
• A failure to be unbiased and impartial by some members of council; and
• The nature of the bylaw as a whole.

Coun. Gian-Carlo Carra was specifically singled out as allegedly having a "closed mind" as he listened to the hundreds of public speakers who showed up to city hall to oppose the bylaw.

A lawyer representing the City of Calgary said the allegations lack evidence and should be disregarded.

Henry Chan, who is with the city's legal department, also argued the municipality is well within its rights to create and amend land-use and development bylaws in the public interest.

Chan said the city and councillors followed the Municipal Government Act in implementing citywide rules that are within its scope.

The rezoning decision allowed the city to transition properties zoned as R-C1 districts, which only allow for single-detached homes, to R-CG to also allow for townhomes and duplexes.

Blanket rezoning still permits single-detached homes to be built but skips the process that required each land-use application to be debated individually.

Lema has reserved his decision.