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Trust that I called interim Liberal leader John Fraser and city council candidate Chris Moise after reading their words

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https://www.cbc.ca/news/canada/toronto/ford-court-toronto-council-1.4829250

Ontario's highest court paves way for major cuts to size of Toronto city council

Court of Appeal for Ontario ruling means a 25-ward election in Toronto on Oct. 22 more likely

CBC News· Posted: Sep 19, 2018 4:00 AM ET





 
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Ontario's highest court paves way for major cuts to size of Toronto city council

Court of Appeal for Ontario ruling means a 25-ward election in Toronto on Oct. 22 more likely

An Ontario Superior Court deemed Premier Doug Ford's council-cutting Bill 5 'unconstitutional' last week. But on Wednesday, the PCs won their attempt to gain a stay of last week's decision, moving closer to slashing the size of Toronto council for next month's election. (Cole Burston/Canadian Press)







Ontario's highest court has paved the way for a considerable cut to the size of Toronto's city council just weeks from a municipal election.

This morning, a panel of three Court of Appeal justices stayed a lower court's Sept. 10 ruling that struck down a provincial bill that would cut the council from 47 to 25 members.

The decision — which basically freezes the lower court's decision — means city staff will immediately begin preparing for a 25-ward election Oct. 22.
In its arguments earlier this week, the province's legal team said the stay was necessary to provide certainty to the city clerk, who is responsible for upholding a fair election.

The timing and circumstances of the election were thrown into chaos when the Progressive Conservatives unexpectedly introduced the council-cutting legislation, Bill 5, after the campaign period had already begun. The city challenged it in Ontario Superior Court, and Judge Edward Belobaba ruled against the province, saying the legislation was unconstitutional because it violated freedom of expression rights for candidates and voters.

The Court of Appeal, however, disagreed with his assessment of the legislation, calling it a "dubious ruling that invalidates legislation duly passed by the legislature.

Unfairness alone does not establish a charter breach.- Court of Appeal for Ontario decision

"Unquestionably, Ontario's announcement of its intention to introduce Bill 5 disrupted the campaigns that were already underway. However, Bill 5 does not limit or restrict any message the candidates wish to convey to voters," the ruling said.

"While the change brought about by Bill 5 is undoubtedly frustrating for candidates who started campaigning in May 2018, we are not persuaded that their frustration amounts to a substantial interference with their freedom of expression," it continued.

"Candidates had a reasonable expectation that they would be operating under a 47-ward platform …. However, neither that platform nor that expectation was constitutionally guaranteed. Unfairness alone does not establish a charter breach."

PC MPP Stephen Lecce said the government is pleased with the ruling and Torontonians should be, too.

Lecce said it amounts to "removing waste from government" and blasted city council for being "ineffective."

Lecce reiterated the government's argument that a smaller council will lead to the city building key infrastructure, like transit and housing, faster, adding it will "unleash the economic potential" of Toronto.

Appeal likely to succeed, judges say

In addition to its successful request for a stay, the province responded to Belobaba's ruling by filing an appeal and introducing a second, nearly identical bill to circumvent his decision. Bill 31 includes a rarely used and controversial constitutional provision known as the notwithstanding clause.

The province's legal team said in court this week that if a stay were granted, the government would not move to pass Bill 31.

The decision released Wednesday means Premier Doug Ford is one step closer to slashing the size of Toronto council, while his government will avoid using the notwithstanding clause —a move that has drawn ire from legal scholars and activists.
The outcome of the province's appeal remains uncertain, and is unlikely to be heard by a court before the first week of November. However, in their decision, the appeals court justices said it too will likely succeed.

"The question for the courts is not whether Bill 5 is unfair but whether it is unconstitutional," they wrote.

"On that crucial question, we have concluded that there is a strong likelihood that application judge erred in law and that the Attorney General's appeal to this court will succeed."

The news drew immediate outrage from both Ford's rivals at Queen's Park and his critics on Toronto city council.

MPP John Fraser, interim Liberal leader, said the ruling is "not good for democracy.

"I think most reasonable people would say, 'There's an election on, why are you changing the rules in the middle of the game?'"

He added that he is concerned that Ford may threaten to use the notwithstanding clause in future legislative battles.

Meanwhile, city council candidate Chris Moise, who was planning to run in the city's downtown core, said he feels like the province has trampled on his rights.

"I feel pretty disappointed," he told reporters at city hall, pointing out that he's poured months of effort into his council run.

"My life has now changed completely."

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