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Jennifer Pagliaro @jpags
, 11 tweets, 3 min read Read on Twitter
Update on the court challenge against Bill 5 cuts to council: Hearing is Friday. The city has filed its application asking that the election as it was on July 30 and those nominations be reinstated and the legislation struck down. Toronto District School Board is also intervening
The city will argue that the legislation violates unwritten constitutional principles, such as democracy, as indicated in their legal advice to council:…. Others representing candidates, volunteers, community organizations will make same case
Though some have claimed the legal advice to council was that the case was hopeless, that's inaccurate. I've read the legal advice and city lawyers agree with scholars on the best legal argument. but also correctly note it is largely uncharted.
City argues constitution/Charter "do not permit Ontario to interfere with an ongoing democratic election by altering the ward boundaries of the City" and say "the treatment of the City and its residents pursuant to the Act is discriminatory and
Detailed legal arguments, including how the province intends to defend the legislation, are still to be filed in court. I'll have lots more for you soon and will be in court on Friday.
Update: City factum in legal challenge to Bill 5 begins "Never before has a Canadian government meddled with democracy like the Province of Ontario did when, without notice, it fundamentally altered the City of Toronto’s governance structure in the middle of the City’s election"
As previously mentioned, city will argue that legislation violates unwritten constitutional principles and 2(b) Charter rights (freedom of expression). Other factums from group of applicants and those intervening also circulated now. Province will respond with material tomorrow
More from city's written arguments: "If Bill 5 stands, the election of City Council will have taken place under a significant cloud calling into question the legitimacy of the future actions of the City government."
In which the city argues there is literally no point to Bill 5:
City's deputy manager has done the math (as have we) on actual potential savings of cutting size of council, via an affidavit filed by the city. Using the city's calculations, it's expected each Torontonian would save, at most, $2.08 over four years - less than a single TTC fare
The city is requesting a decision before Sept. 14, which is when nominations for the 25-ward election are to close. Obviously, this is up to the judge. Having been in court with him last week, he appears to understand the urgency of the situation…
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