Doug Ford’s actions on Toronto council-cutting plan raise concerns about future
TORONTO — Doug Ford’s unprecedented move to invoke the notwithstanding clause to ensure a reduction in the size of Toronto’s city council has prompted some observers to question the Ontario premier’s grasp of judicial matters and muse as to whether his aggressive use of the constitutional provision is a sign of things to come.
Other political voices, meanwhile, are calling for a broader discussion about the status of cities under the Constitution, arguing the document is ill-equipped to deal with the present-day realities faced by municipal governments.
The latest concerns were triggered by a series of events on Monday that began when a judge struck down provincial legislation slashing the size of Toronto city council in the middle of an election campaign.
Superior Court Justice Edward Belobaba ruled that Bill 5 was unconstitutional as it violated freedom of expression rights of candidates and voters. Hours later, Ford promised to appeal the decision and forge ahead with his council-cutting plan by invoking the notwithstanding clause, which gives governments the power to override parts of the charter for a five-year term.