What will Doug Ford do now that a judge has blocked his plan to cut Toronto city council?

本帖由 New Person2018-09-10 发布。版面名称:渥太华华人论坛

  1. New Person

    New Person 资深人士 ID:11416

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  2. n an unprecedented and scathing decision, an Ontario judge has blocked Premier Doug Ford's plan to slash the size of Toronto city council nearly in half.

    • Ford's news conference was set to begin at 12 p.m. ET, but has now been pushed back until 2 p.m. ET. His spokesperson did not provide a reason why.
    Justice Edward Belobaba says Ford's Progressive Conservative government "clearly crossed the line" with its Better Local Government Act, which aligns municipal ward boundaries with provincial ridings, cutting the potential number of councillors from 47 to 25 after the Oct. 22 election.

    In his highly anticipated ruling, Belobaba calls the act "unconstitutional."

    "Passing a law that changes the city's electoral districts in the middle of its election and undermines the overall fairness of the election is antithetical to the core principles of our democracy," Belobaba says in his written decision.

    Ford's government made the shocking move to upend Toronto's election plans this summer, months after candidates had already started filing nomination papers in a 47-ward system. Following the ruling, Ford tweeted he will have "more to say" about the decision at a 2 p.m. ET news conference, and didn't rule out a potential appeal.

    CBC Toronto will stream that news conference live.

    At city hall, Mayor John Tory welcomed the judge's decision.

    "You can't change the rules in the middle of the game. That's not fair to anyone, and this is not a game," he said.

    Now, Tory, who is seeking re-election this fall, says he wants answers from the province about why it tried to cut the size of council to begin with.

    "Democracy does not belong to a few of us, it belongs to all of us," he said. "No law should ever fail to take that into account and all of us as lawmakers, regardless of where we're carrying out those responsibilities, should always remember that."

    [​IMG]
    Mayor John Tory welcomed the judge's decision and says it justifies council's decision to challenge the province in court. (John Rieti/CBC)
    Toronto city council, which supported redrawing the ward boundary map to add more councillors after a years-long consultation process, voted to condemn Ford's plans, and then to join the court challenge — although some councillors supported the premier.

    The city clerk's office, which had rearranged the municipal election process based on the Better Local Government Act, will now start preparing to hold an election with 47 wards, the city confirmed in a news release, with advance voting starting on Oct. 10.

    Candidates who had filed nominations before July 27, the original deadline, will be allowed to run.

    Judge highlights issues with province's plan
    Belobaba says the act has two major problems:

    • Because it was passed in the middle of an election campaign, it breached the freedom of expression of municipal candidates.
    • For some councillors, it nearly doubled the size of the population they represent — from an average of 61,000 people per ward to almost 111,000. That, Belobaba says, "breached the municipal voter's right to cast a vote that can result in effective representation.
    At one point in the decision, Belobaba highlights a number of questions about why the province has decided 25 wards is the way to go.

    "If there was a concern about the large size of some of the city's wards (by my count, six wards had populations ranging from 70,000 to 97,000), why not deal with these six wards specifically? Why impose a solution (increasing all ward sizes to 111,000) that is far worse, in terms of achieving effective representation, than the original problem? And, again, why do so in the middle of the city's election?"

    The province's response, Belobaba writes: "Crickets."

    Tory said that was an "extraordinary" thing to see in a judge's ruling, adding the province needs to answer those questions if it tries again to reduce the number of councillors.

    'We Win!' tweets lawyer who launched challenge
    Rocco Achampong, a lawyer planning to run in the upcoming election who became the first to challenge the government's plan in court, tweeted simply: "We Win!"

    A number of other plaintiffs, including city lawyers, joined Achampong's legal challenge, despite the fact many legal experts expected the province to prevail in court.

    Coun. Josh Matlow tweeted after the decision: "We took a stand for democracy and justice. And we won."

    Downtown Coun. Kristyn Wong-Tam said she's delighted with the ruling, and urged Ford to respect it.

    "The province will have a very uphill battle on the appeal process," Wong-Tam told CBC Radio's Metro Morning.

    Metro Morning
    Two city councillors react to judge's decision to block Premier Ford's plan to cut city council




    00:00 07:24


    We speak to councillors Jim Karygiannis and Kristyn Wong-Tam for reaction to the judge's decision. 7:24
    Not everyone agrees.

    The Canadian Taxpayers Federation, an intervener in the case that was supporting the government, issued a statement expressing disappointment with the decision.

    "We encourage the Ford government to appeal this decision immediately," the organization said. "Waiting an additional four years to reduce the size of city council is a missed opportunity to save taxpayers money."

    'Dysfunction' at Toronto City Hall
    Coun. Jim Karygiannis, a proponent of the province's plan, said this decision "throws a monkey wrench in the works" of the election, again. He said the timing of Ford's proposed council cut was "probably not appropriate," but he still believes the province has the right to do it.

    Ford, who served one term on city council representing the Etobicoke area and brother of the late former mayor Rob Ford, said cutting the number of councillors would stop what he calls "dysfunction" at Toronto City Hall.

    He also claimed it would save the city $25 million over four years.

    Belobaba's decision notes the province can try to reduce the size of city council again in the future, but says October's election should go ahead as planned.

    The Better Local Government Act didn't affect the number of councillors in any other Ontario city.

    Also known as Bill 5, the legislation 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.
     
  3. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    这消息早些时候一出来我就没看懂。福特为啥把手伸那么长,这是他的职责么,我不明白。

    十月份选举吧?要改,他也得等下次选举了吧。
     
  4. 他乡枫叶

    他乡枫叶 资深人士 ID:139602

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    hire 100 government employees and clap to the judge. :dx:
     
  5. New Person

    New Person 资深人士 ID:11416

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    他和多伦多市政府有过节。
     
  6. 冷笑9声

    冷笑9声 开门三件事, 吃好每顿饭,有空多睡觉,闲来瞎扯淡。 ID:105156 VIP

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    省长能减多伦多就能减渥太华吧?
     
  7. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    如果有权干预多伦多,那就可以干预任何城市。

    干脆取消市级选举吧。
     
  8. charley2

    charley2 我真的 很胖吗 ID:39709 VIP

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    那也没见钱省下来& 再回到你的口袋里来:D
     
  9. New Person

    New Person 资深人士 ID:11416

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    FORD还有好几场官司等着他呢。
     
  10. 谷歌大侠

    谷歌大侠 新手上路 ID:146258

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  11. New Person

    New Person 资深人士 ID:11416

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    What is the notwithstanding clause?
    OTTAWA – The notwithstanding clause is once again on the tongues of political figures in Canada, as it has been periodically since it came to be three decades ago. But what is it really?

    With Ontario Premier Doug Ford saying he will be using the notwithstanding clause to force cuts to Toronto’s city council despite a scathing court ruling that said it violated the Charter, and amid Alberta’s suggestion that it’s an option for Prime Minister Justin Trudeau to revive the currently stalled Trans Mountain pipeline expansion, here’s an explainer on the often-controversial clause.

    The clause, otherwise referenced as Section 33 of the Canadian Charter of Rights and Freedoms, allows the federal parliament or provincial legislatures to pass legislation that overrides certain Charter-established rights and freedoms, for five-year periods.

    “It allows a government to pass a law that does something that the courts have said violates rights and is not justified,” said associate law professor Michael Pal on CTV News Channel.

    If a parliament or legislature is successful in invoking Section 33, the legislation they pass to override the Charter has a maximum five-year time limit. Upon its expiry, the government would have to either re-enact the legislation, or it would no longer stand.

    What can be overwritten?

    The sections of the Charter that can be overwritten by the implementation of the notwithstanding clause are Section 2, regarding fundamental freedoms such as expression, conscience, association, and assembly; and Sections 7 to 15 regarding the right to life, liberty, and security. The clause cannot be used on a number of other sections of the Charter, including those concerning democratic rights, mobility, and language rights.

    How did it come to be?

    It was first added to the constitutional accord in 1981 under then-prime minister Pierre Trudeau, despite his stated opposition, following a conference with the First Ministers and in part thanks to a compromise by then-justice minister Jean Chretien. It came into force as an amendment to the Constitution in 1982.

    According to a Library of Parliament paper last revised in 2018, opinion has been largely divided on the mechanism since its creation, with many prominent legal figures raising concerns with how the clause would be used.

    When has it been used?

    As Toronto Mayor John Tory stated on Monday, the clause was put in the Charter for “very extraordinary circumstances.”

    Ford’s intention to invoke the clause will mark the first time ever for an Ontario government.

    To date it has been used in Quebec on issues of language, and invoked to varying levels in Saskatchewan, Alberta, and the Yukon.

    The federal government has never invoked the notwithstanding clause.
     
  12. New Person

    New Person 资深人士 ID:11416

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    加拿大的政治/法律真有得玩。
     
  13. New Person

    New Person 资深人士 ID:11416

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    Tory says he met with Trudeau about Ford's plan to use notwithstanding clause
    Toronto mayor hasn't asked Ottawa to step in, but has called for emergency council meeting Thursday
    John Rieti · CBC News · Posted: Sep 11, 2018 8:59 AM ET | Last Updated: an hour ago
    [​IMG]
    Toronto Mayor John Tory tweeted this photo of himself meeting with Prime Minister Justin Trudeau Monday night to discussing Ontario Premier Doug Ford's plan to use the notwithstanding clause. Tory said he appreciates Trudeau's 'support for democratic principles.' (John Tory/Twitter)
    Mayor John Tory says Torontonians don't want to see "election meddling" — they want to see politicians getting things done.

    Ontario Premier Doug Ford's latest announcement — that he will force through his plan to slash the size of Toronto city council to 25 wards from 47 just weeks before the civic election by using the constitutional notwithstanding clause to override a judge's ruling — "doesn't help," Tory said.

    Tory, who is seeking re-election on Oct. 22, says he's pushing back as hard as he can on the council cut. On Monday night, Tory said he met with Prime Minister Justin Trudeau to express his concern with Ford's "disconcerting move," but he didn't ask Ottawa to step in.

    Tory has also called an emergency city council meeting for Thursday.

    But the current mayor is also vowing to work with Ford.

    Tory said he'll "stand up and speak out for Toronto," but added, if Ford calls on Tuesday, he'll take the call, despite the strained relationship with Queen's Park. Tory added he's "confident" he's handling the situation in the right way.

    However, Jennifer Keesmaat, the city's former chief planner who is running to unseat Tory, attacked the mayor on Tuesday for his relationship with the Progressive Conservative government.

    In particular, Keesmaat seized on a comment made by Ford on Monday that Tory "says one thing behind closed doors and then says something totally different in front of the cameras."

    Keesmaat demanded that the mayor answer more questions about what he knew about a potential council cut.

    [​IMG]
    John Tory says said he supports holding a referendum that would ask Torontonians how many councillors there should be. (Cole Burston/The Canadian Press)
    "Did John Tory have any discussions with Premier Ford, or past leaders of [the PC] party, including Patrick Brown, about expanding his powers or cutting the size of council in the last year?" she asked in a campaign email.

    Tory has also faced some criticism on Tuesday from council colleagues who point out that he didn't support the 47-ward system when it was voted upon in council.

    On CBC Radio's Metro Morning Tuesday, Tory said he still supports holding a referendum that would ask Torontonians how many councillors there should be.
     
  14. 冷笑9声

    冷笑9声 开门三件事, 吃好每顿饭,有空多睡觉,闲来瞎扯淡。 ID:105156 VIP

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    这个市长不也是保守党员么?
     
  15. 向问天

    向问天 日月神教光明左使 ID:112302 VIP

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    一切按法律来,不要忙于下结论。
     
  16. gocanoeing

    gocanoeing 知名会员 ID:72273

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    F省长现在做什么都没关系,不过等到选民有点烦他之后这些就都会成为罪证 :)
     

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