T.O.’s ‘faint hope’ legal challenge could impact Niagara
Brock prof weighs in on the argument against Bill 5
If Toronto succeeds in its “Hail Mary” effort to save the jobs of nearly half its city councillors, there’s a chance it will save Niagara’s regional chair election, too.
But even if Toronto succeeds in overturning Bill 5, Ontario’s Better Local Government Act, Brock University associate professor Matthew Hennigar said it will be up to the court to determine the impact the decision has on Niagara.
The provincial legislation approved last week will cut the size of Toronto council to 25 from 47 councillors, while also scrapping the election of regional chairs in Niagara, Muskoka, Peel and York.
Paula Chung, Toronto’s senior communications adviser, said the city is specifically challenging the aspects of Bill 5 that address the city’s governance. The city, she added, will not speculate on how that challenge will impact other jurisdictions.
Toronto’s first hearing to deal with the issue is scheduled for next Friday.
In an email, Hennigar — he teaches political law-related classes at the university — said the court could limit its ruling to just the changes to Toronto city council, and not address the section of the legislation that deals with regional chairs.
“That said, a lot depends on the basis of the court’s ruling,” he added. “If the court decides that it’s unconstitutional to change the rules of an election that is already underway, that’s potentially a broad precedent that could be applied to the regional chair elections.”
Nevertheless, he said Toronto’s chances of winning its case
are slim.
Hennigar called Toronto’s challenge “a Hail Mary with little support in recognized law or constitutional text.”
He said there’s a “faint hope … that the court will cite a controversial doctrine from the Supreme Court of Canada” related to a decision about Quebec secession, which says there are “unwritten constitutional principles” or “architecture” such as democracy that courts can protect.
“Toronto council is hoping the court accepts the argument that Bill 5 violates the principle of democracy,” Hennigar said.
Although the City of Toronto Act also requires public consultation in some instances, that consultation did not occur.
But Hennigar said the language within that legislation regarding consultation is “kind of arcane,” and is also more pertinent to annexation issues.
“Re-drawing existing city of Toronto boundaries and reducing the number of councillors doesn’t sound like it fits that definition,” he said.
Meanwhile, the City of Toronto Act specifically refers to consultation to be conducted by the city. Since the changes are being imposed by the province, the requirement “to consult the public ironically doesn’t apply.”
Allan.Benner@niagaradailies.com 905-225-1629 | @abenner1