For the first time in Ontario's history, its government plans to use the notwithstanding clause of the Constitution.
This is a breaking news update.
In an interview with Global News Radio 640 Toronto, Ford was asked if he intends to shrink other city councils in the province in the same way he's cutting Toronto's nearly in half.
He said he still wants 25 councillors to run in the next election.
A bad day got off to a bad start with the ruling of Superior Court Justice Edward Belobaba, who struck down Bill 5 with a flourish, wielding snark and a novel interpretation of the Charter.
"It's not to say that these different charter rights can't be related or they can't inform each other, they do, but the judge did not do an effective job at explaining how freedom of expression is anything but tangentially impacted here".
Belobaba sharply criticized the bill in his decision.
That means the nomination period for a 25-ward election, which was set to end September 14, became moot. "It appears that Bill 5 was hurriedly enacted to take effect in the middle of the city's election without much thought at all, more out of pique than principle".
"It allows a government to pass a law that does something that the courts have said violates rights and is not justified", said University of Ottawa associate law professor Michael Pal on CTV News Channel.
Belobaba said he could not make a ruling in regards to the selection process for the regional chair positions in York Region, Muskoka, Niagara, and Peel Region. Belobaba said his ruling does not impact that aspect of the bill.
Toronto city staff said they will proceed with the election on the basis of a 47-ward structure.
Doug Ford's efforts to slash the size of Toronto's council ahead of an election was ruled unconstitutional on Monday, dealing a major blow to the Ontario premier and plunging the October 22 municipal vote into uncertainty.Читайте также: South Africa 'close to war zone' with 57 murders a day: minister
Ford dismissed suggestions he was behaving like a "dictator" by arguing he has more authority than the courts because he won the provincial election.
Tory said he believes the province's three options going forward include letting the ruling stand, appealing the ruling, and invoking the Charter's notwithstanding clause.
According to a Library of Parliament paper last revised in 2018, opinion has been largely divided on the mechanism since its creation, with many prominent legal figures raising concerns with how the clause would be used.
Coun. Stephen Blais told CBC Radio's Ottawa Morning on Tuesday that he supports a smaller city council for Ottawa, but doesn't support any cuts by the provincial government. Paula Fletcher said if the Ford government invokes the notwithstanding clause, they would be a "laughing stock" in Canada.
Toronto Mayor John Tory called the use of the notwithstanding clause a "gross overreach" of the province's powers.
Ontario's Liberals called Ford's decision to invoke the notwithstanding clause unreasonable and said it would lead to "chaos and constitutional mayhem" in Ontario.
Ward 14 Councillor Gord Perks said the city's lawyers understand it would be "ridiculous" not to re-open the nominations because they had published a nomination date and closed it without notice. "It is inexcusable that the Ford government targeted only the city of Toronto for these dramatic changes", Fletcher said.
At his press conference, Ford complained to reporters that a "democratically elected government" is being "shut down by the courts". "Duty to consult is real and we WILL fight back".
"Democracy does not belong to a few of us, it belongs to all of us", said Tory, who is seeking another term in office. "And we won", he tweeted.
"The deadline for nominations under the 47-ward model was July 27".
Coun. Kristyn Wong-Tam added that an appeal for the province would be a "steep uphill climb". Joe Mihevic, who is running for re-election, wrote on Twitter.При любом использовании материалов сайта и дочерних проектов, гиперссылка на обязательна.
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