Court paves way to reduce size of Toronto city council

Ontario’s highest court has paved the way for a considerable cut to the size of Toronto’s city council just weeks from a municipal election.

A  panel of three Court of Appeal justices stayed a lower court’s Sept. 10 ruling that struck down a provincial bill that would reduce the council from 47 to 25 members to align the city’s wards with provincial and federal electoral boundaries.

The decision, which freezes the lower court’s ruling for the time being, pending a formal appeal that’s underway, means city staff will immediately begin preparing for a 25-ward election Oct. 22. Further, it will allow the Progressive Conservative government to avoid invoking the controversial notwithstanding clause of the Constitution to achieve its intended cut to council size.

In its arguments earlier this week, the province’s legal team said the stay was necessary to provide certainty to the city clerk, who is responsible for upholding a fair election.

The timing and circumstances of the election were thrown into chaos when the PCs unexpectedly introduced the council-cutting legislation, Bill 5, after the campaign period had already begun. The city challenged it in Ontario Superior Court, and Judge Edward Belobaba ruled against the province, saying the legislation was unconstitutional because it violated freedom of expression rights for candidates and voters.