Colwood Coun. Cynthia Day says she was acting as a citizen, not a councillor, when she protested the removal of rock walls outside her home in December. (Facebook/Cynthia Day)

Colwood councillor says she was acting as a citizen in dispute with City staff

Coun. Cynthia Day says she had a ‘right to peaceful protest’

Colwood Coun. Cynthia Day is shooting back at City council ahead of a potential censure hearing resulting from a months-long dispute and her December arrest.

“I clearly identified in December that I was acting as a citizen in our front yard,” Day stated in a press release. “I have declared a conflict of interest regarding the issue in front of my home. I have not participated in any discussion or vote.”

READ ALSO: Colwood councillor arrested in December faces potential censure

READ ALSO: Colwood Coun. Cynthia Day arrested over ongoing dispute with city

In December 2018, Day was arrested during a dispute with the City of Colwood over rock walls her husband built on the boulevard in front of their home in 1995. Day and her husband refuted the City’s claim that the walls were a safety and liability issue – a dispute that snowballed into her arrest for mischief when she refused to stand down to allow the City to remove them.

No charges were pressed, but council has since stated that Day violated the City’s code of ethics when she impaired “the ability of staff to implement Council policy decisions” and neglected to show a “respect for process.”

But Day, who has sat on Colwood council for 17 years, says she was not acting as a member of council when she refused to move for City staff.

“The City maintains that I am not a citizen when I am at my home protesting an injustice,” she said. “I clearly identified in December that I was acting as a citizen, in our front yard…Every citizen has the right to peaceful protest. Every resident of Colwood has the right to public process. My family was greatly concerned with the City’s proposed action and my husband sought assistance from the RCMP.”

READ ALSO: Colwood mayor responds to councillor’s objections and arrest

READ ALSO: Colwood councillor needs more time to prepare for censure hearing

Day claims that before she was arrested, she told the City that she would allow them to remove the rock wall if they got an injunction.

But she says instead, “four burly RCMP officers showed up at our house on Dec. 5 with the clear intention to arrest us if we did not remove ourselves from the ‘work site.’ I was concerned about what might be done and the long-term impacts to the stability of the slope and chose to continue to protest, as a citizen.”

Day also claims that there was a lack of response to her requests for records until June 3, which she says doesn’t give her enough time to prepare for a censure hearing.

Colwood council is holding a special meeting Thursday to consider censure and potential sanctions that would limit Day’s appointments to committees and ability to fully represent council.

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