Smith defends use of clause to pass bill
Premier overrides charter to downsize Toronto city council
The provincial government was right to forge ahead with a bill to reduce Toronto’s city council by half after a judge found the legislation unconstitutional, stated Peterborough-Kawartha MPP Dave Smith following a chaotic day in the legislature on Wednesday.
Protesters and most of the Opposition were ejected from the legislature on Wednesday as the government tried to revive its bill to slash Toronto city council, The Canadian Press reported.
Smith wasn’t available for interview on Wednesday, but he sent a written statement to The Examiner saying the government was right to use Section 33 of the Charter of Rights and Freedoms – the notwithstanding clause – to overrule the judge’s decision.
“Section 33 exists because almost 40 years ago, premiers across Canada foresaw this very situation occurring and wanted something in our constitution that made sure that it is ultimately the MPPs who were elected are the ones who decide the laws,” Smith wrote.
“The reality is, Section 33 is a part of our constitution — it doesn’t overrule the constitution. We’re using a tool found within our constitution for the very reason it was put there. Further, our constitution also clearly lays out the fact that the provinces have the exclusive right to pass legislation about cities. We believe we were well within that right when we passed the Better Local Government Act. That’s why we’re appealing the judge’s ruling; but also using Sec. 33 to make sure that we can get Toronto moving, and building and helping people quicker.”
Although Smith doesn’t say in his statement how he voted on the bill, Queen’s Park reporters tweeted that no Progressive Conservative MPPs broke ranks to vote against it. The bill passed first reading Wednesday.
In August, Premier Doug Ford announced his intention to reduce the number of Toronto city councillors from 47 to 25.
Ford, a former Toronto city councillor, said he felt the council
was dysfunctional and fewer members would streamline decision-making. He hadn’t mentioned this plan when campaigning for the June 7 provincial election.
But this week Ontario Superior Court Justice Edward Belobaba deemed the legislation to reduce the number of Toronto city councillors unconstitutional.
That’s when the Ford government said it would invoke the rarely-used notwithstanding clause, which allows the government to override portions of the Charter for a term of five years.
There’s no indication Ford will reduce any other city councils, and on Wednesday Mayor Daryl Bennett stated in an email to The Examiner that cities take their policy direction from the provincial government.
“We need to be able to manage that relationship,” he wrote. “As mayor I maintain an open and beneficial relationship with our MPPs.”
Bennett also wrote that the provincial government has the authority to invoke the notwithstanding clause, and he’s not concerned there could be a reduction in Peterborough city council.
But Coun. Diane Therrien, who is running for mayor, said in an email she does have concerns about the provincial government’s use of the clause.
“Any mayor in Ontario should be concerned as the Premier invokes the first use of the notwithstanding clause in Ontario history, using one of the most powerful levers a provincial leader in Canada has to affect change on a municipality,” she wrote.
“Premier Ford could have appealed the judicial ruling. He could have waited until the following election. Instead, he has demonstrated his willingness to influence the way municipalities are governed by any means necessary. We don’t know what this will mean for other municipalities moving forward, and that certainly concerns me – as it should any municipal leader in Ontario.”