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THE LATEST |
BILL 5 STAY HEADS TO COURT
Stay? Arguments. 15 Sept 2018 Democracy Toronto It all comes down to a stay—and a tight schedule. All sides in the Bill 5 court challenge will be at the Ontario Court of Appeal on Tuesday to argue whether the court should temporarily suspend, or stay, a lower court order that struck down Bill 5 and returned Toronto to a 47-ward election. A stay of the ruling will put the city back to a 25-ward election--a third see-saw change in election rules in the last month. No stay leaves the current 47-ward election in place. The province of Ontario, which imposed the 25-ward election in the first place, is arguing to reinstate it. The city of Toronto, several council candidates, residents' associations and others are arguing against a stay. In a legal brief filed to the court, candidate Chris Moise and others argue that any stay could never be just temporary—it would decide the matter once and for all in favour of the province because there would be no time before the October 22 election for the Appeal Court to hear the case in full, let alone time for any appeal to a higher court. Both sides claim "status quo" At this point, sticking with the 47-ward system is the "status quo" and “least disruptive” option in which the fewest rights of citizens are infringed, the Moise brief says. (The province also refers to the 25-ward option as the "status quo".) The Superior Court of Ontario found on September 10 that the province’s imposition of a 25-ward election infringes candidates' Charter right to free expression and voters' right to effective representation. No "irreparable harm" in 47-ward election There would be no “irreparable harm” to the province if the election were conducted with 47 wards, the Moise brief says, but there could be great harm to candidates and voters if the 25-ward election is upheld. The brief argues that granting a stay would return Toronto to the “widespread confusion and uncertainty” that existed after Bill 5’s cuts to council were enacted. The city of Toronto has prepared for a 47-ward election since November 8 last year. It worked on a 25-ward election only since August 14 and has continued to prepare for a 47-ward election at the same time.
A big question is whether the city can still even hold a proper election by October 22nd. Deadlines for ballot printing, selection of polling places, and other practicalities are looming or have passed. Already, advance voting scheduled for the Thanksgiving weekend has been cancelled, posing challenges for university students who may vote in their home wards, among others. Advance polls are scheduled for October 10, but Watkiss said those are imperiled by the continuing confusion. "We are at a tipping point." City Clerk Ulli Watkiss told city council on Thursday that she is at a “tipping point” in preparations for the election and that she needs “certainty” about what election she is conducting very soon or she cannot guarantee that she can conduct an election with “integrity”, as she is legally required to do. In an unusual move, Watkiss has hired her own legal counsel and is seeking to join the appeal independently of the city. Watkiss’ testimony to the court could be crucial to the granting of a stay. The judge may well be interested to know her view on whether another shift in election rules brought on by a stay would make it impossible to hold a proper election on October 22 as scheduled. Province has final card - Charter override
If the province is unable to get a stay from the court, it’s thought the legislature will simply pass a new bill, Bill 31, which restores Bill 5's provisions. That law, now before the legislature, imposes a 25-ward election and, for the first time in Ontario, uses the notwithstanding clause of the Canadian Constitution to override Ontarians’ charter rights to effective expression and effective representation in order to achieve it. Since the 47-ward election campaign began on May 1, the voting rules have already flipped twice—to 25 wards on August 14, when Bill 5 took effect, then back to a 47-ward election on September 10, when Bill 5 was struck down. As of today, the 47-ward election is in play. The hearing for a stay is Tuesday. The PC government will likely be ready to pass Bill 31 by Wednesday. The city solicitor has been mandated to appeal any such law. A further wrinkle: Bill 31 has been called into question by the NDP because it is essentially the same law as Bill 5. It's not permitted by the rules of the legislature to introduce the same bill twice in the same legislative session. The Speaker will have to rule on the matter; his ruling is expected at 12:01 Monday morning, when the legislature convenes to advance Bill 31. |
Timeline shows the number of days a 47-ward election has been legally in effect (and therefore under preparation) versus the 25-ward election. Opponents in the Bill 5 case each claim to be the "status quo" or normal circumstances which the court should restore. In total, city officials have spent 290 days preparing for a 47-ward election versus 28 days for a 25-ward vote. During the preparations for the 25-ward vote, city officials worked simultaneously to keep the 47-ward option available.
Chris Moise, candidate for City Council and opponent of Bill 5
City Clerk Ulli Watkiss
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CHARTER RIGHTS TAKE CENTRE STAGE
IN BILL 5 LEGAL FIGHT
31 Aug 2018
Background to the Legal Battle
Bill 5 Legal Documents
CHARTER RIGHTS TAKE CENTRE STAGE
IN BILL 5 LEGAL FIGHT
31 Aug 2018
Background to the Legal Battle
Bill 5 Legal Documents
BILL 5 BACKGROUND
How does Bill 5 change Toronto City Council?
Electoral change by Stealth
Consultation - a Comparison
DOCUMENTS • Legislation • Bill 5 in Superior Court • Appeal and Stay Pending Appeal • Toronto Ward Boundary Review |
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CITY COUNCIL DEBATES Sept 13 - Response to Charter Override Aug 20 - Legal Action Against Bill 5 July 30 - Votes on Provincial Cuts to Council July 27 - Provincial Cuts to Council July 27 - City Clerk Ulli Watkiss July 27 - City Solicitor Wendy Walberg |
CITY COUNCIL VOTES Aug 2018 to launch legal action against Bill 5 July 2018 to oppose the 25-ward option 2016 to approve 47-ward option |
