[BurlOak]

Several progressive councillors including Mike Layton, Joe Cressy and Kristyn Wong-Tam are caught in an electoral limbo and locked out of the election. They made a point of waiting to register for a 25 ward election pending the court's ruling. The court ruled that we go back to a 47 ward election, so the status quo is 47 wards.

The problem is that the Province has made it clear that they're going to maintain Bill 5 by brute force and we'll almost assuredly be voting in a 25 ward election. But those who didn't register yet can't register for a 25 ward election before the deadline. There is no 25 ward election to register for. The City Clerk's office is running a 47 ward election.

Layton, Cressy, Wong Tam are probably out of City Council. This is bonkers.

No doubt that in relative terms, Ford gave ample warning about the change in Council size, while the judges ruling has resulted in last minute chaos. The Notwithstanding Clause will restore calm to the situation.

 

[nfitz]

^ The Notwithstanding Clause was a creation of Trudeau Sr. It was a *fudge*!

Trudeau? How? It was the provincial premiers who pushed for it, led by none other than Bill Davis and Romanow if I remember correctly. I don't believe the early drafts of the Charter of Rights contained one.

It was hardly a new idea, and a much stronger notwithstanding clause was in the 1960 Canadian Bill of Rights - years before Trudeau entered politics or even joined the Liberal Party! Are you suggesting that Trudeau - a blacklisted wannabe teacher at the time, and member of the CCF, was whispering in Diefenbaker's ear?

 

[A Torontonian Now]

I bet Justice Belobaba had no clue that the notwithstanding clause could be invoked over this, and as such is kicking himself over this portion of the decision:

Arguments other than s. 2(b) of the Charter

(12) The applicants and intervenors advanced a number of Charter and non-Charter arguments in addition to s. 2(b), namely that the Impugned Provisions breached association and equality rights underss. 2(d) and 15(1) of the Charter, and the unwritten constitutional principles of the rule of law and democracy.

(13) I am inclined to agree with the Province that none of these additional submissions can prevail on the facts herein. However, I make no actual finding in this regard. The ss. 2(d) and 15(1) submissions, together with the rule of law and democracy submissions, may live another day, perhaps to be litigated in another court. It is sufficient for my decision today to focus only on s. 2(b) of the Charter and the guarantee of freedom of expression.

The unwritten constitutional principles of the rule of law and democracy may have been winning arguments - in fact, when I read the headline and before I had a chance to read any argument, I assumed these were the arguments that would have won the day. These unwritten principles are not subject to the notwithstanding clause.

I'm not saying politically this is a good idea and/or will happen, but the City could appeal the decision on the basis of the failure to make a decision regarding the unwritten principles argument. If the Court of Appeal (and then SCC) found there to be a violation of the unwritten constitutional principles, Ford's act would be deemed unconstitutional in a manner that cannot be challenged by the notwithstanding clause.

 

[nfitz]

Several progressive councillors including Mike Layton, Joe Cressy and Kristyn Wong-Tam are caught in an electoral limbo and locked out of the election. They made a point of waiting to register for a 25 ward election pending the court's ruling. The court ruled that we go back to a 47 ward election, so the status quo is 47 wards.

The problem is that the Province has made it clear that they're going to maintain Bill 5 by brute force and we'll almost assuredly be voting in a 25 ward election. But those who didn't register yet can't register for a 25 ward election before the deadline. There is no 25 ward election to register for. The City Clerk's office is running a 47 ward election.

The 1988 Supreme Court of Canada ruling on language rights, made very clear that a notwithstanding clause can't be retroactively applied. Using the old (uncompleted) 25-ward nominations made under now non-existent legislation isn't an option.

I suppose they could literally write in a list of names into the legislation and regulations to circumvent this. But otherwise, they must have a new nomination period. Otherwise it would probably take about 5 minutes for the Ontario Superior Court to stay the new legislation.

Layton, Cressy, Wong Tam are probably out of City Council. This is bonkers.

I can see many possible outcomes of this, which include a 25-ward council. I don't think that's one of them.

I bet Justice Belobaba had no clue that the notwithstanding clause could be invoked over this, and as such is kicking himself over this portion of the decision:

Reading the decision, I thought he was actually anticipating this, and the otherwise odd comments about the freedoms predating the 1982 Charter seemed to be a door explicitly placed for this very purpose. Along with references to Section 3, which isn't subject to the notwithstanding clause.

 

[Towered]

• NAFTA, where he's deliberately sabatoging the process just to gain Trump Hate votes - even though Mexico was able to come to agreement.

So, his insistence on making the continued protection of Canadian culture a deal breaker somehow qualifies as "deliberately sabotaging".

Smart.

 

[Bayer]

No doubt that in relative terms, Ford gave ample warning about the change in Council size, while the judges ruling has resulted in last minute chaos. The Notwithstanding Clause will restore calm to the situation.

Section 33 suspends the Charter of rights. Its use for this - and essentially everything else - is totally unacceptable. There would be calm if fewer people had voted for this clown.

 

[gweed123]

Layton, Cressy, Wong Tam are probably out of City Council. This is bonkers.

What I don't understand is technically the 25-ward election was in place for over a month. Did they not register on principle? Or were they so sure that the 47-ward was coming back?

I don't know about them, but if I were in their place I would have hedged my bets and registered under both. You can still disapprove of a change and CYA at the same time.

 

[syn]

No doubt that in relative terms, Ford gave ample warning about the change in Council size, while the judges ruling has resulted in last minute chaos. The Notwithstanding Clause will restore calm to the situation.

He didn't though, did he?

Nor is there any justification for the decision other than 'I don't think they get anything done'. He didn't even address what the judge outlined in his ruling.

Ford claims respect for the taxpayer, yet imposes his will on the city by suspending the Charter of Rights and Freedoms. This is an absurd abuse of power.

Can you not look past partisanship to see this for what it is?

 

[Towered]

I'd love to see Trudeau slap this bully down with a dose of his own medicine. It's the only thing creeps like Thug understand.

Unfortunately, while Justin has sass, I'm not convinced he has the fire to deal with this in the way he must. His dad would have come out swinging.

 

[PinkLucy]

Just got a reply from my MPP’s assistant: “Your concerns will be brought forward.” Pretty much all that I expected. I hope they are being swamped dealing with this. Keep those cards and letters coming!

 

[facepalming_brooklynite]

What I don't understand is technically the 25-ward election was in place for over a month. Did they not register on principle? Or were they so sure that the 47-ward was coming back?

I don't know about them, but if I were in their place I would have hedged my bets and registered under both. You can still disapprove of a change and CYA at the same time.

Surely they must have thought that they would be able to register for the 25-ward election this week, in the event that the judge had confirmed it.

 

[King of Kensington]

How many people here are in Conservative-held ridings?

 

[Videodrome]

I am in one and so are my parents and in-laws .

 

[Miscreant]

Just got through most of Belobaba's ruling. I need more time to digest to the to-and-fro, but it's actually pretty tight and tech. For those of you who are interested I'd definitely check it out.

 

[EagleEye]

Just got a reply from my MPP’s assistant: “Your concerns will be brought forward.” Pretty much all that I expected. I hope they are being swamped dealing with this. Keep those cards and letters coming!

Is your MPP a conservative?