The Telegram (St. John's)

Court sides with province

Election proceeds with 25 wards

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Ontario’s top court has sided with the provincial government in a legal battle over the size of Toronto’s council, firmly establishi­ng a reduced 25-ward electoral map for the city’s looming municipal vote.

In suspending what it called a “dubious” lower court ruling that found the province’s move to cut council unconstitu­tional, the Court of Appeal for Ontario also did away with the Progressiv­e Conservati­ve government’s need to rush through reintroduc­ed legislatio­n on the matter.

That new legislatio­n has drawn heavy criticism for invoking a constituti­onal provision known as the notwithsta­nding clause to ensure its passage, but the government said it now won’t move forward with the bill.

“It is time to put the political games behind us,” said Municipal Affairs Minister Steve Clark.

“We will continue working with the Toronto city clerk to provide every support possible to help with the administra­tion of the election on Oct. 22.”

The province had argued that a stay — which allows city staff to abandon the 47-ward council model revived by the lower court ruling - was necessary to eliminate uncertaint­y surroundin­g the upcoming election.

The Court of Appeal agreed. “It is not in the public interest to permit the impending election to proceed on the basis of a dubious ruling that invalidate­s legislatio­n duly passed by the legislatur­e,” the three-judge panel wrote.

The appeal court rejected arguments from those opposed to the stay that the province was responsibl­e for the chaos surroundin­g the election and thus shouldn’t be granted relief.

“We do not accept the respondent­s’ submission that,

because Ontario exercised its legislativ­e authority to enact Bill 5, it does not have ‘clean hands’ and should not be entitled to the equitable relief of a stay from this court,” the panel wrote.

An Ontario judge last week found that the province’s Bill 5, which reduced Toronto city council to 25 seats from 47 in the middle of the election campaign, violated freedom of expression rights for candidates and voters.

Premier Doug Ford contested the ruling and took the

unpreceden­ted step of invoking the notwithsta­nding clause in reintroduc­ed legislatio­n to push through with his plan.

The new bill won’t be up for a final vote until today at the earliest, but the province said it would “instead be moving on to other priorities” in light of the stay.

The province is also appealing the lower court ruling and lawyers said the case could be heard on an expedited basis in order to resolve the issue before a new council is sworn in on Dec. 1.

 ?? CP PHOTO ?? Toronto Mayor John Tory speaks during a press conference regarding the court’s stay of an earlier court ruling, returning Toronto’s election to a 25-ward race, on Wednesday.
CP PHOTO Toronto Mayor John Tory speaks during a press conference regarding the court’s stay of an earlier court ruling, returning Toronto’s election to a 25-ward race, on Wednesday.

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