Notwithstanding

Thursday September 13, 2018

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Thursday September 13, 2018

City council candidates in ‘entirely uncharted waters’ amid chaos over nomination deadlines

After an unprecedented day comes unprecedented chaos.

September 11, 2018

Premier Doug Ford’s move to trump a judicial ruling in order to secure a Toronto city council with 25 wards has left candidates and lawyers scrambling and voters in limbo ahead of the upcoming municipal election.

That includes at least eight incumbent city councillors who had planned to run for re-election but who could be locked out of the 25-ward race depending on how the legislation is worded, with legal experts unsure of what to expect from Ford’s government.

When a Superior Court judge ruled Monday that Ford’s legislation cutting the size of council to 25 from 47 wards was unconstitutional, city advocates believed for a short time that they had won the day.

July 28, 2018

But Ford’s announcement hours later that he would invoke the rarely used “notwithstanding” clause in the Charter of Rights and Freedoms to override Justice Edward Belobaba’s ruling led to a flurry of unanswered questions, including whether the election can even proceed as planned on Oct. 22.

The legislature will resume Wednesday after Ford recalled MPPs from recess. Ford indicated the new bill would be tabled then. What it will say, his officials refuse to tell.

The province doesn’t expect the new legislation to be passed before Sept. 24, with MPPs off for two days next week to attend the International Plowing Match near Chatham-Kent. That leaves a very small window between a fundamental shift in the election process and the start of advance polling days, which are currently scheduled to begin Oct. 10. City clerk Ulli Watkiss earlier raised concerns about having enough time to prepare an election, including printing ballots for the whole city.

City council will have an emergency meeting Thursday to again discuss their current legal options and what happens next. (Source: Toronto Star) 

 

SaveSave

Tuesday September 11, 2018

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Tuesday September 11, 2018

Ford plans to invoke notwithstanding clause for first time in province’s history

Premier Doug Ford is taking an unprecedented step, invoking the province’s powers and using the “notwithstanding” clause to override a court decision that shut down his plans to cut the size of Toronto’s city council.

July 28, 2018

For the first time in the province’s history, Ford says he plans to use a rarely reached-for tool in the Charter to allow the cut to 25 wards from 47 for the upcoming election to continue — and warned he will use it more than once if he has to.

He said his government is also appealing a court decision released Monday morning and will resume the legislature this week to reintroduce the bill that forced changes to Toronto’s ongoing election.

“I believe the judge’s decision is deeply concerning and the result is unacceptable to the people of Ontario,” Ford said.

Ford made the announcement at a news conference Monday afternoon just hours after a bombshell ruling that shut down his government’s plans to align city council wards with provincial and federal ridings.

“I was elected,” Ford told reporters, while saying the judge “was appointed.”

The actions of the Ford government were harshly criticized in the ruling by Superior Court Justice Edward Belobaba, who said the province’s Bill 5, the Better Local Government Act, infringed Charter rights and deemed it unconstitutional.

The judge called that move “unprecedented” and ruled it “substantially interfered with both the candidate’s and the voter’s right to freedom of expression” guaranteed by the Charter.

In doing so, he ordered an election continue on the basis of 47 wards, returning the campaign to a state before Bill 5 was tabled at Queen’s Park. (Source: Toronto Star)