What does the court ruling mean for Toronto’s election?
Queen’s Park the provincial government has scored a court victory in the fight to cut the size of Toronto City Council good afternoon the court of appeal has stay the ruling on the original legislation that would cut the size of Toronto City Council nearly in take a step back here for a moment the province appeal the judge’s ruling that the bill violated the charter rights which Wayne album irrelevant here is what the panel of Judges said the question for the courts who’s not whether Bill five is unfair but whether it is unconstitutional on that crucial question we have concluded that there is strong likelihood that application judge aired in law and that the attorney-general’s appeal to this cord will succeed succeed rather show sales on the ruling and a Fallout and there is lots of a collar well let’s answer that big question October 22nd what is going to happen when Toronto voters go to the polls and they will be voting for a 25 a member city council that is now a defect because Bill 5 which was struck down as unconstitutional has been restored and today the government is gloating saying a they’re not going to have to use the notwithstanding Clause but be that they were right all long that they had the right and absolute authority to be able to do this and that they weren’t trampling in anyone’s rights in the first place my Challengers finding out they lost in court obviously we’re disappointed because now I suppose the problem Edward Bella Baba that had decided Bill five was unconstitutional the three-judge panel called it a dubious ruling saying candidates have no constitutionally-guaranteed right to a 47 Ward platform and Bill V does not deprive them of their constitutional right to say whatever they want about Civic issues in the legislature the minister of Municipal Affairs claims certainty has been stored we’re pleased that the court of appeal has granted this day this will allow the city clerk to go forward with a 24 25 word election that is a lie with the federal and provincial boundaries that’s a very positive result for the people of Toronto notwithstanding Clause what do you accept the decision of this court when he didn’t accept the decision of the lower court to appeal the decision this the justices have said not only that they Craigslist a while I peel precedes the Dave suggested the justices but there is a likelihood that we could win on app on appeal to stay also they would forgo Bill 31 if Bill five was restored opponents say it is still alarming the notwithstanding Clause was wrong is still wrong and I’m very concerned that he’s prepared to do anytime I set aside the nomination window for city council will be reopened for 48 hours and I’m going Live Now by the leader of the official opposition Andrea Horvath let me get your first take first reaction to the three-judge panel said today I think there needs to be some certainly there and I think that’s some of what they said but look what hasn’t changed is that judges this is something that could have been done isn’t necessarily what should have been done by our Premier it hasn’t changed the fact that this was done because mr. Ford has a vendetta against him Toronto City councilors that he wants to control city council from the premiers chair it doesn’t do anything that doesn’t changes that he did change the rules of the game in the middle of an election which whether it’s something that’s allowed because of you no constitutional language or or not isn’t the point as it does people that live in a Democratic Society expect our governments to act in a way that’s the Democratic that people feel they’re engaged with it provides them an opportunity to determine their own kind of governance if you will do none of those things have changed and the other pieces that uncertainty I mean this is this appeal has been stayed up but they’re still chant a chance at this is May at some point be overturned at some point in the future and what does that mean about this election now that’s about to take place and the big question 2 is well Bill 31 buddy pass right now they’re not taking it off their order paper which means that it’s still alive just not being passed in the notwithstanding Clause is there ready to be used in case they need to use it what does that say mean they don’t seem to be taking away their into Steve’s notwithstanding Plumbing in the end that’s exactly that the point right I mean what what it’s clear is that regardless of mr. Ford was prepared to trample people Charter rights and so notwithstanding the legal kind of decisions he he he basically said doesn’t matter to me I think the trampling people try to write this the right thing to do to get my own way when you have a premier that’s the vets that disrespectful of people’s a people’s rights or or who’s prepared do that as a as a as a tool is problematic just because it exists doesn’t mean it should be used and we continue to see it as you said a looming as a possibility and the fact that he said that he may use it at other circumstances as well Andrea Horvath leader of the official opposition thank you very much for taking the time to speak with us of course Bill 31 is no longer going to be past right now but it is still there and available this decision to stay by the Ontario Court of Appeal is the highest working Ontario so the only Avenue now some of the lawyers have said they may take this out of you but the only Avenue now to reverse this day would be to appeal to the Supreme Court of Canada in OttawaWith the decision set aside, the nomination window for city council will be reopened for 48 hours.
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