Supreme Court upholds provincial law that cut Toronto city council during 2018 election
In a 5-4 ruling, the Supreme Court of Canada upheld an Ontario law that reduced the size of Toronto council during the 2018 municipal elections.The Supreme Court of Canada says it cannot use unwritten constitutional principles such as “democracy” to strike down an Ontario law that reduced the size of Toronto council in the middle of an election campaign.
But the case presented the Supreme Court with an opportunity to decide how to read the text of the 1982 Charter of Rights and Freedoms, and the founding 1867 Constitution – and what to do when a law runs afoul of unwritten norms. The dissenters – led by Justice Rosalie Abella, who retired in July but has six months to participate in decisions – shot back: “Elections are to democracy what breathing is to life, and fair elections are what breathe life into healthy democracies.” breathed instability into the election, undermining the ability of candidates and voters in their wards to meaningfully discuss and inform one another of their views on matters of local concern.
Justice Abella, referring to the oft-stated view that the Canadian Constitution is a “living tree,” said: “Unwritten constitutional principles are a key part of what makes the tree grow.”
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