This is discussed in today's TorStar:My bet is that the application for stay is declined...if 'intervenors' aren't allowed at stay hearings, then the Province's appeal hearing will. And on the basis of a pending appeal, the leave for stay might be even further in jeopardy. 'Intervenors' could/would include 'the Elders' who've spoken so vociferously, some of whom know the courts inside out (McMurtry immediately comes to mind).
https://www.thestar.com/news/toront...ure-of-upcoming-toronto-election-for-now.htmlCourt hearing Tuesday could decide future of upcoming Toronto election — for now
By JENNIFER PAGLIAROCity Hall Bureau
Mon., Sept. 17, 2018
Lawyers from Goldblatt Partners, representing a candidate, volunteer and community group, say going back to 25 wards would not be returning to the status quo, since the city is currently preparing a 47-ward election — the option that was approved by council in 2016 after years of study.
It was the province, with unconstitutional legislation, that “upended” the election, they argue, and granting a stay would return the city to an “unconstitutionally chaotic state of affairs.”
Lawyers from Paliare Roland, representing candidates and community groups who intervened in the earlier court challenge with their own evidence, say going back to the 25-ward structure now would cause harm.
“Should this stay be granted, the opportunity for the people of Toronto to participate in a fair and democratic 2018 municipal election will be irretrievably lost and the expression rights of candidates and electors will continue to be infringed by the unconstitutional legislation,” their written materials say. “To conduct an election in a manner that has already been determined by a court of this province to be unconstitutional is inconsistent with the principle of democracy, and is not in the public interest.”
Meanwhile, city clerk Ulli Watkiss, who is responsible for administering the election, is taking an unusual step to intervene with her own lawyers in the court case Tuesday.
“Without clarity on the structure of the election, the clerk is rapidly reaching a point at which she will be unable to conduct an election on October 22, 2018 in accordance with the requirements of the (Municipal Elections Act) under either a 25 or 47-ward structure,” her filings submitted by independently-retained lawyers from Stikeman Elliott say.
That undermines the province’s assertion that it would be better to go back to 25 wards, relying on the clerk’s earlier comments that she would may not be able to carry out a 47-ward election if Bill 5 was struck down.
Watkiss also outlined that she may be forced to cancel advance polling days and reduce “accuracy testing” for tabulator machines that marked ballots are fed into, which she says “may undermine the integrity of the voting process in order to hold the election.”
While the province asked the motion for a stay be heard in front of a lone judge, the Court of Appeal has made the decision to convene a panel of three judges to hear arguments — Associate Chief Justice Alexandra Hoy and Justices Robert Sharpe and Gary Trotter.
Ford and his government have taken aim at the judiciary in recent days, saying Justice Belobaba is appointed, while they were elected to make law.
The court hearing begins at 10 a.m. at Osgoode Hall.
This is discussed in today's TorStar:
More than ever, it looks like the Province getting a stay is doubtful. The Appeal Court might be willing to grant one, eventually, but not until many other legal arguments are examined and a clear case made possible.
Remember: The 'Status Quo' is the 47 ward council, not the 25, something the Court will use as a neutral default reference.
This is right to the point! I don't see how the Judiciary could overlook this, and as reluctant as they need to be on any political aspects, Constitutional Rights are uppermost in this case. That's what it's all about. And that's where the "Status Quo being 47 wards" kicks in, because if all legal action is removed, which is the gist of the 'stay'...it will be to default to the Status Quo: 47 wards. That could be conditional on the granted stay.I hope you're right but I also hope there is an extension to the election. In my current ward, which may change, Michelle Holland was going door to door today, Crawford has been all over the place and because they have both done this before they have such a head start on the new people who aren't career politicians. I'm sure it's no different in other wards.
I'm noticing a divide on who is best positioned to defeat Mammoliti in the (almost certain, unfortunately) switch to 25 wards. Some are say Anthony Peruzza because of incumbency (John Filion called on people to support him at last week's rally for example) but Tiffany Ford seems to have a lot of progressives supporting her (such as Kristyn Wong Tam and Jill Andrew).
Toronto should ignore the Province and go ahead with the 47-Council election!