Waterloo Region Record

Turmoil as Ford’s bill passes first reading

Cut-council move sparks ejections, handcuffs, protests

- ROBERT BENZIE, GILBERT NGABO , PETER EDWARDS

Bill Davis slammed it.

Amnesty Internatio­nal called it a “contemptuo­us” abuse of rights.

And hundreds of Ontarians took to the streets to protest Premier Doug Ford’s unpreceden­ted decision to use the “notwithsta­nding” clause to override a Charter right in his quest to slash Toronto’s city council.

As the Ford government tabled legislatio­n to use the controvers­ial constituti­onal clause for the first time in the province’s history, the opposition was out in full force, led by a former Tory premier.

Davis, one of the most respected figures in the Progressiv­e Conservati­ve party and a key architect of the 1982 repatriati­on of the Constituti­on, told TVO’s Steve Paikin on Tuesday that “making the Charter a central part of our Constituti­on, Canada’s basic law, was a deliberate and focused decision by the prime minister and premiers.”

The man who governed Ontario from 1971 until 1985 warned the notwithsta­nding clause was

meant only for exceptiona­lly rare circumstan­ces.

“The notwithsta­nding provision has, understand­ably, rarely been used, because of the primacy of the Charter of Rights and Freedoms for all Canadians,” he told Paikin.

“That it might now be used regularly to assert the dominance of any government or elected politician over the rule of law or the legitimate jurisdicti­on of our courts of law was never anticipate­d or agreed to.”

Davis is not the only former politician to speak out against Ford’s decision.

Former NDP premier Bob Rae, who governed from 1990 until 1995, praised Davis for speaking out against this legislatio­n “with force and clarity.”

“It’s about disrespect for democratic and lawful processes,” Rae wrote on Twitter. “The abuse of power is never a good thing. Populism turns democracy into dictatorsh­ip very quickly.”

Former Tory prime minister Brian Mulroney — whose daughter, Caroline Mulroney, is Ford’s attorney general — has also been sharply critical.

“Everybody knows I’m not a big fan of it and I never have been,” Mulroney said Tuesday of the notwithsta­nding clause, which he stressed he has not discussed with his eldest child.

Meanwhile, in an unpreceden­ted rebuke, human rights organizati­on Amnesty Internatio­nal condemned the legislatio­n Wednesday.

“No government in Canada should take the contemptuo­us step of disregard for the Charter of Rights that the notwithsta­nding clause offers them,” said Alex Neve, secretary general of Amnesty Internatio­nal Canada, in a statement released Wednesday.

“To do so in a case involving the fundamenta­l freedom of expression in a context in which core principles around elections and the underpinni­ngs of our democracy are at stake is particular­ly disgracefu­l,” Neve said. “This invocation of section 33 by Premier Ford’s government should be withdrawn immediatel­y. Questions about the interpreta­tion and applicatio­n of the Charter should be pursued through appeals and left to judges to determine.”

Neve said the group, which usually speaks out against grave violations of human rights by rogue government­s, had never had to condemn any level of government in Canada.

“It is disappoint­ing to us that we have to make this statement in Canada,” he said.

Amnesty released its statement shortly after Ford’s reintroduc­ed bill passed first reading amid a tumultuous day of protest at Queen’s Park in which protesters were taken from the legislatur­e in handcuffs — one a woman in her 70s —and New Democratic representa­tives were ejected for banging on their desks.

After the NDP protest, the bill, named the Efficient Local Government Act, passed first reading 63-17. The remaining New Democrats, along with the Liberals and the lone Green MPP, voted against it.

Ford hastily recalled the Legislatur­e to invoke the notwithsta­nding clause after Justice Edward Belobaba ruled Monday that an earlier version of the bill violated voters’ and candidates’ Charter right of freedom of expression.

Asked whether he believed in the Charter of Rights and Freedoms, the premier said a democratic­ally elected government should not be derailed by a “politicall­y appointed” judge. Ford has maintained cutting Toronto city council to 25 seats from 47 is necessary to streamline decisionma­king and save taxpayer money.

The New Democrats attempted to drown out the reading of the bill by banging on their desks, prompting the Speaker to kick most of their ranks, including Leader Andrea Horwath, out of the house.

Horwath said her party members had launched their protest to show they wouldn’t accept Ford’s “heavy-handed” decision lightly.

The premier, who has been accused of acting unilateral­ly against Toronto council for partisan reasons, did not attempt to disguise his motives under questionin­g from Horwath.

“The leader of the NDP is here to protect her crony buddies: Mike Layton, Joe Cressy, Gord Perks,” he said, referring to leftleanin­g Toronto councillor­s.

Horwath shook her head and said Ford, who lost the 2014 mayoral race to John Tory, was “obsessed” with city council and “didn’t even have the guts to campaign” on the issue.

When guards handcuffed and removed a woman, from the public gallery, a visibly disgusted former Liberal premier Kathleen Wynne, the MPP for Don Valley West, shouted: “Come on, really?”

Some Tory ministers and MPPs could be seen squirming in their seats as Speaker Ted Arnott cleared the public galleries after people jeered at Ford.

Horwath later told reporters “it was a shocking day — to watch grandmas and grandpas literally be led out of the gallery in handcuffs,” while also calling Ford “an out-of-control premier.”

With files from The Canadian Press

 ?? CHRIS YOUNG THE CANADIAN PRESS ?? A protester in the public gallery shouts at MPPs during Question Period at the Ontario Legislatur­e in Toronto on Wednesday .
CHRIS YOUNG THE CANADIAN PRESS A protester in the public gallery shouts at MPPs during Question Period at the Ontario Legislatur­e in Toronto on Wednesday .
 ?? CHRIS YOUNG THE CANADIAN PRESS ?? Andrea Horwath expresses her opinion as the Legislativ­e Sergeant at Arms waits to eject her from the Queen's Park legislativ­e chamber.
CHRIS YOUNG THE CANADIAN PRESS Andrea Horwath expresses her opinion as the Legislativ­e Sergeant at Arms waits to eject her from the Queen's Park legislativ­e chamber.

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