Judge was siding with ‘the Resistance’

RE: FORD GOVERNMENT

The need of the Ford government to invoke the notwithstanding clause is the direct consequence of the incompetence and irresponsibility of the judiciary.

The fundamental right of a citizen of Toronto to freedom of expression is in no way changed by the fact that the number of city councillors is 25 or 47. It is absurd to hold otherwise.

In taking up a legal case of this nature, there first arises the question of standing. Is the person bringing the suit actually harmed? On the face it, the fundamental right to freedom of expression by an individual is not changed by changing the number of representatives on city council.

An individual is still free to say whatever he or she wants. But there was no battle for standing to bring suit, and by accepting the suit, the judge was more than half way along to siding with “the Resistance.”

The Constitution Act unambiguously places responsibility for municipal affairs in the hands of the provincial legislatures. If there is misgovernance at the city level, it is the responsibility of the provincial legislature to fix it. In political matters such as these, it is not the place of the judiciary to second-guess the provincial legislature and its accountable government. That is how democracy works — through elected representation.

Vincent J. Curtis, Hamilton