“There is no reliable evidence to support the province’s suggestion (the act) was necessary because city council is dysfunctional,” Toronto says in its filings. “The rhetoric from the premier or members of the legislature is not reliable evidence.”Carissima Mathen, an Ottawa law professor, said the city faces an uphill battle in persuading the Appeal Court to its viewpoint. That proved unnecessary after the province won a stay of the ruling pending disposition of its appeal, and the 25-ward election went ahead. While the legislation might have been disruptive and frustrating, that did not necessarily amount to a constitutional violation, the Appeal Court said. “The question for the courts is not whether Bill 5 is unfair but whether it is unconstitutional,” the higher court said.
Source: National Post June 09, 2019 15:00 UTC