Ontario Premier Doug Ford makes an announcement at the Queens Park legislature in Toronto on Wednesday, August 15, 2018. THE CANADIAN PRESS/Chris Young

Judge strikes down Doug Ford’s bill to reduce Toronto council size

An Ontario judge released his decision this morning on Toronto’s legal challenge of provincial legislation slashing the size of city council nearly in half.

An Ontario judge has struck down the provincial government’s efforts to slash the size of Toronto city council in the middle of an election, saying the move violated constitutional rights.

In a decision handed down early Monday, Superior Court Justice Edward Belobaba said Premier Doug Ford and his Progressive Conservatives interfered with the right to freedom of expression for both candidates and voters when the province enacted the Better Local Government Act last month.

Bill 5 slashed the size of Toronto’s city council from 47 seats to 25, aligning them with federal ridings, despite the fact that the campaign for the Oct. 22 election was already underway.

Belobaba sharply criticized the bill in his decision.

“There is no evidence that any other options or approaches were considered or that any consultation ever took place,” he wrote. “It appears that Bill 5 was hurriedly enacted to take effect in the middle of the city’s election without much thought at all, more out of pique than principle. “

The judge accepted arguments from city lawyers, who contended that reducing the number of councillors in the middle of an election is “discriminatory and arbitrary,” and violated the charter.

Related: Ontario elects Doug Ford and the Progressive Conservative party

Related: Ontario Premier Doug Ford to slash size of Toronto city council nearly by half

Belobaba acknowledged the importance of exercising judicial restraint when it comes to the decisions of governments but said that in this case, it was appropriate for the court to act.

“It is only when a democratically elected government has clearly crossed the line that the ‘judicial umpire’ should intervene,” he said. “The province has clearly crossed the line.”

He noted that the province’s imposition of Bill 5 had two “constitutional deficiencies” that can’t be tolerated in a free and democratic society.

“The first relates to the timing of the law and its impact on candidates,” he said. “The second to its content and its impact on voters.”

Ford had argued the move would improve decision-making on the council, where he served one term. He also said the move would save $25 million.

The premier is set to respond to the ruling at noon.

Belobaba said last month that he was certain his decision would be appealed by the losing party.

Green Party Leader Mike Schreiner said the decision confirms that not even Ford is “above the law.”

“Ford’s efforts to put ideology above evidence and his personal agenda before democracy have real world consequences,” he said in a statement. ”Thankfully, the courts have put a check on the premier’s undemocratic actions for the second time now.”

Bill 5 also cancelled planned elections for the head of council position in the regional municipalities of Muskoka, Peel, York and Niagara, turning them into appointed roles. Belobaba said his ruling does not impact that aspect of the bill.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Dr. Lipjob avoids jail, gets 30-day suspended sentence

She will have to serve the 30 days in prison if she commits a breach during her two-year’s probation

Surrey farmers taking stock of revamped Canada Food Guide

Products that were once big at the table — like meat and dairy — have been put on the back-burner

VIDEO: ‘The dog picks the job’: Meet the newest member of the Surrey RCMP

Cambria, a labrador-golden retriever mix, is the first victim services dog at the detachment

Cloverdale’s Dan Gibbons remembered for his devotion, humour

Longtime local served with RCMP for more than 35 years

Surrey RCMP say men with gun steal Jeep from mom, daughter

Police say they are looking for video footage, and two South Asian suspects

Canada’s archive buys rare book that hints at Nazi plans for North America

The 1944 book may have served as a blueprint for a Nazi purge

B.C. hospital apologizes for veteran’s five-day hallway stay

Clinical director of Victoria General Hospital says case of retired veteran ‘definitely excessive’

Speaker Darryl Plecas says ‘justice’ needed for legislature employees

Plecas spoke to media at the opening of a pedestrian and cycling bridge in Abbotsford Wednesday

Advocate hopes B.C. legislature scandal leads to more transparency

‘Depressing’ that it takes a scandal to inspire freedom of information reform, says Sara Neuert

Ex-Mountie involved in Taser death at Vancouver airport sues government

Kwesi Millington claims he acted in accordance with RCMP training

47 men arrested by Vancouver police for allegedly seeking sex with teenage girls

Seven of those arrested have been charged as part of a two-month operation

Richmond businesses struggle to hire and keep staff because of high cost of housing

Chamber of commerce calls for diverse housing options, redevelopment of George Massey corridor

LETTER: Seniors home care, day programs expanding, Adrian Dix says

B.C. health minister responds to latest Seniors Advocate report

B.C. woman wins Instagram celebrity’s boob job contest

‘Kirill was here’ held a contest for women to win a boob job and a trip to Miami

Most Read