This instalment of the Toronto Injury Lawyer Blog is not your typical personal injury piece. Reason being, this has not been your typical week in the world of the law and politics in Ontario. As detailed below, this has been a historic week.
Earlier today, Doug Ford and his Conservative majority government enacted section 33 of the Charter, commonly referred to as the Notwithstanding Clause in order to uphold The Better Local Government Act.
The Better Local Government Act was passed by Premier Ford’s majority government to reduce the number of seats in the ongoing Toronto Municipal election from 47 seats, down to 25.
The Honourable Justice Belobaba ruled that Premier Ford’s Better Local Government Act was unconstitutional as it violated the Canadian Charter of Rights and Freedoms.
Premier Ford recalled legislature today and passed a resolution declaring that The Better Local Government Act would apply “notwithstanding” the Charter.
Essentially, Premier Ford used his supreme constitutional power to overrule the decision of a Judge to pass the legislation which the Judge had deemed to be unconstitutional.
Constitutional lawyers across Canada and legal academics rejoice. They haven’t seen so much CORAF action since the 1980’s.