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ARTICLE · 12 SEPTEMBER 2018

Ontario Premier To Set Precedent Invoking Notwithstanding Clause

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In an unprecedented decision released on September 10, 2018, Superior Court Justice Edward Belobaba made a finding of unconstitutionality and struck down the provisions of the provincial Better Local Government Act, 2018.

CanadaGovernment, Public Sector
Kailey Sutton
Kailey Sutton
Nicole Rozario
Nicole Rozario
Melanie Paradis
Melanie Paradis
Christopher Tworzyanski
Christopher Tworzyanski
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For more information on the circumstances which led to the City's challenge of the Act, please see our earlier bulletins published on July 27 and August 1, 2018.

In an unprecedented decision1 released on September 10, 2018, Superior Court Justice Edward Belobaba made a finding of unconstitutionality and struck down the provisions of the provincial Better Local Government Act, 2018 (the "Act"). The operative provisions of this Act put forward by Premier Doug Ford's government aimed to reduce the number of municipal wards and councillors in the City of Toronto from 47 to 25.

While acknowledging that the Province has authority under s.92(8) of the Constitution Act to pass laws relating to "Municipal Institutions in the Province," Justice Belobaba concluded that the Ontario government "clearly crossed the line" by violating candidates' and voters' freedom of expression, as guaranteed under s.2(b) of the Canadian Charter of Rights and Freedoms (the "Charter").2

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