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Monday, September 17, 2018

Rare midnight sitting over Doug Ford's bill to cut Toronto city council spurs protests




The commotion could be heard from inside the house at times, and some protesters lingered into the early morning hours


Settle down, Toronto. Doug Ford isn’t changing anything important3:20
TORONTO — Hordes of protesters shouted to be allowed inside the Ontario legislature as provincial politicians held a rare midnight sitting to speed up the passage of a controversial bill to cut Toronto’s city council nearly in half.
Protesters voiced their opposition to the bill inside Queen’s Park as well, heckling Progressive Conservative legislators with cries of “shame, shame” until the Speaker cleared the public galleries.
People who had lined up to observe the overnight debate expressed their outrage at being shut out of the process, chanting “Let us in!” and “Our city, not Ford’s!” as police officers stood in front of the doors. The commotion could be heard from inside the house at times, and some protesters lingered into the early morning hours.

Premier Doug Ford holds a press conference arguing against the judges ruling about slashing the size of City council in Toronto, Ont. on Monday September 10, 2018. Craig Robertson/Toronto Sun/Postmedia Network

NDP Leader Andrea Horwath briefly left the debate to address the crowd, telling them she was proud to see so many people rally to defend charter rights at such an unusual time.
She pledged to keep fighting the Progressive Conservative government’s decision to push through the legislation — a message she later repeated to the assembled legislators.
“Interfering in ongoing elections has…a chilling effect on our democracy,” she said inside the house.
“The reality is this government behaved inappropriately, rammed this change forward without any kind of consultation while the elections were already underway.”
The Ontario government, meanwhile, cited the need for urgent action in justifying the late-night sitting, saying passing the bill — which would reduce council to 25 seats from 47 — would eliminate any uncertainty surrounding the upcoming municipal vote.
“With the date of the municipal election rapidly approaching, we need to take action,” Municipal Affairs Minister Steve Clark said. “Oct. 22 is just a few weeks away. Action to provide greater certainty for everyone and action to ensure that the election proceeds.”
An earlier version of the bill was struck down as unconstitutional by an Ontario Superior Court judge last Monday, prompting Premier Doug Ford to invoke a rare provision known as the notwithstanding clause to override the ruling and reintroduce the legislation.
Ford’s use of the provision has been denounced by the opposition parties, prominent Canadian politicians and hundreds of legal professionals.
“The premier’s use of the notwithstanding clause for the first time has created unprecedented chaos in our city, in our province and beyond,” Liberal legislator Mitzie Hunter said during the debate.
Green Party Leader Mike Schreiner said the premier’s actions have put the municipal election in jeopardy.
“This premier has manufactured a crisis by meddling with elections and trampling on local democracy,” he said in a statement. “The Conservatives are acting with impunity, trying to suspend people’s Charter rights under the cover of darkness while Ontarians are asleep. ”
The Tory government maintains the move is necessary and within its rights, and claims the judge made an error in his ruling.
“This is something that we have a constitutional right to do and we believe it’s important for elected representatives to be making the law,” Deputy Premier Christine Elliott said outside the legislature.
Evangeline Cowie and Ana Buzdugan, two Grade 12 students from Toronto, watched the debate for a short time before the public galleries were cleared. The pair said they felt it was important to show their opposition to the bill — even on a school night.
“It’s going to send a message that everyone is ready, is prepared to do whatever it takes to go against that decision,” said Cowie, who attended with her parents.
“History is kind of going to be made today so I feel like it’s important to be here, especially for something that concerns Toronto and its citizens so much,” Buzdugan added.
“My dad found it kind of unusual that I wanted to come, he asked me why I couldn’t just watch it on TV and I was like, ‘No it’s different when you’re actually there because it feels like it’s something you’re a part of.”‘
Frank Griggs, who lined up to observe the proceedings, expressed similar motivations.
“I hope this sends a message to some of the Conservative MPPs that might at least consider voting against this bill based on the feelings of their own constituents and also just their own sense of decency and their own idea of what democracy should be,” Griggs said.
The bill was debated at an uncommon weekend sitting at Queen’s Park on Saturday, and the lieutenant-governor granted the government’s request to reconvene the house at 12:01 a.m. Monday to continue the debate.
Ford wouldn’t say how much it cost to bring back staff on the weekend, but laid the blame with the Opposition for delaying the bill’s passing.
New Democrats had argued the bill should be thrown out, citing rules that preclude the house from debating substantially identical legislation in the same session and from debating a matter that is before the courts.
However, Speaker Ted Arnott ruled in the government’s favour early Monday morning, saying the newly introduced bill is different from its previous incarnation.
The NDP also moved to adjourn the overnight debate but lost 67-24.
The government finds itself crunched for time at the legislature with the International Plowing Match in Chatham-Kent set for Tuesday and each year Queen’s Park closes for a day so all politicians can attend.
Earlier this week, City of Toronto clerk Ulli Watkiss said that with each passing day it becomes “virtually impossible” to ensure the city provides its residents and candidates with a fair election.

LIVE: Legislature sitting all night to speed passage of controversial Toronto council bill

Thwarted by the courts and stymied by legislative procedural wrangling, the Ontario premier took the extraordinary step of convening a House sitting beginning at 12:01 a.m. Monday.

NEWS 01:00 AM Robert BenzieQueen’s Park Bureau Chief
Ford
Thwarted by the courts and stymied by legislative procedural wrangling, Premier Doug Ford took the extraordinary step of convening a House sitting beginning at 12:01 a.m. Monday. - Richard Lautens,Toronto Star
 
sr_midnightQP_01
Members of the public gather as Queen's Park holds a rare midnight session to begin the 2nd reading of Bill 31, a reintroduction of Bill 5 that includes the notwithstanding clause at Queen's Park in Toronto. September 16, 2018. - Steve Russell , Toronto Star
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MPPs are pulling an all-nighter thanks to Premier Doug Ford's frantic efforts to cut Toronto city council down to size in time for next month's municipal election.
Thwarted by the courts and stymied by legislative procedural wrangling, Ford took the extraordinary step of convening a House sitting beginning at 12:01 a.m. Monday.
Scores of Legislative Assembly employees were called in on overtime to ensure the building is fully staffed for the rare overnight session.
Ford could not say how much it was costing taxpayers, but insisted he has no regrets with streamlining Toronto city council to 25 members from a planned 47 after the Oct. 22 election.
"I'm feeling great because hopefully this is one further step to get this bill moving forward," the premier told reporters in a brief scrum shortly before midnight.
The midnight sitting is being held in order to allow for the requisite six-and-a-half hours of debate for the second reading of Bill 31, the Efficient Local Government Act, which downsizes Toronto council.
That's a reintroduction of Bill 5, the Better Local Government Act, struck down as unconstitutional by Ontario Superior Court Justice Edward Belobaba.
In an unprecedented move, Ford will invoke the notwithstanding clause of the Charter of Rights and Freedoms to override Belobaba's decision.
The Progressive Conservatives had some good news from Speaker Ted Arnott early Monday.
Arnott rejected a formal NDP complaint that Bill 31 was out of order because it is virtually identical to Bill 5, which is against the rules because duplicate legislation cannot be tabled in the same session.
The Speaker ruled that because Bill 31 includes the notwithstanding clause, it is significantly different from Bill 5.
Hundreds of people lined up in the wee hours to gain access to the public galleries.
Former NDP MPP Cheri DiNovo, a United Church minister, was ejected from the members' gallery for protesting moments after being introduced to the legislature.
"You're better than this. You don't have to vote with him," Di Novo implored Tory MPPs.
"This is a sad, sad day," the former Parkdale-High Park MPP said as she was ushered away.
Outside the building, scores of people began chanting after being refused entry.
"Let us in! Let us in! Let us in!" they yelled.
"Whose huse? Our house! Whose house? Our house! Whose house? Our house!" the protesters continued.
"Notwithstanding, we're here standing!"
Their shouts could be heard in the chamber when Attorney General Caroline Mulroney was discussing how Toronto city council is "dysfunctional."
"Decision-making at city council is far from efficient," she said at 1 a.m.
Read more:
From the public galleries a man shouted "this is our government" before being escorted out. Arnott was forced to recess the House for 10 minutes.
Mulroney, who could win a stay of Belobaba's ruling on Tuesday at the Court of Appeal, is under pressure from the legal community to stop Ford from using the notwithstanding clause for the first time in Ontario history.
"We … are writing this open letter to you because your office is assigned to champion and safeguard the fundamental principles of the rule of law and due process in Ontario, and the rights of the people," said a letter Sunday to Mulroney, signed by 400 lawyers.
"We are gravely concerned about Premier Doug Ford's proposed use of the notwithstanding clause to pass (the) bill … and are writing this letter to urge you not to support this unprecedented act," the missive said.
Will Hutcheson, a Toronto family lawyer who authored the group letter, said "its trivial use in this case now threatens the charter itself."
"There are people here from all different walks of life and also from all points on the political spectrum. This is an issue that very much crosses party lines," said Hutcheson.
"As a citizen and a lawyer I felt that this was one of those moments where I had to draw a line in the sand and stand up for our rights. Clearly there are hundreds of other lawyers who feel the same."
Eighty law school professors dispatched a similar letter of protest to Ford and Mulroney.
"We recognize that it is entirely within your government's power to invoke the notwithstanding clause. But it should never be the first resort – it should be the last.
The notwithstanding clause must be the exception – not the rule," the legal experts wrote.
The three key architects of the notwithstanding clause, former justice ministers Jean Chrétien, Roy McMurtry and Roy Romanow, have implored Ford not to use it.
Former Tory premier Bill Davis, former NDP premier Bob Rae, and former Liberal premier David Peterson have also criticized its use.
NDP MPP Catherine Fife said Ontarians should get used to such drama and turmoil at Queen's Park.
"We're here discussing the new culture of politics in Ontario, the Ford culture, which involves dismantling our democracy with the introduction of the notwithstanding clause," Fife (Waterloo) told the legislature during a 46-minute Saturday session.
MPPs did not sit Sunday, because the fledgling government was unable to formally request that in time.
Government House Leader Todd Smith is hopeful the second reading of the bill can be finished by Monday morning and that MPPs can still break Tuesday for the International Plowing Match rural expo in Chatham-Kent.
That would mean Bill 31 could pass by Wednesday or Thursday.
City clerk Ulli Watkiss has warned that a fair Oct. 22 municipal election was "becoming virtually impossible to carry out," so the clock is ticking for the Progressive Conservatives.
Watkiss, who has taken the unusual step of retaining her own outside legal counsel, said in court filings Friday printers would need to work 14 hours a day for seven days to prepare the 2.6 million ballots.
"The current schedule does not provide any room for slippage for unanticipated issues or the correction of errors," she said in her submission to court.
Ballots cannot yet be printed because it remains uncertain whether there will be 47 council wards or 25.
Even though the Conservatives never once mentioned slashing the size of Toronto council during the spring election campaign, MPPs have fallen in line behind Ford, who believes the move will end "dysfunction" and "gridlock" at city hall.
"I'm blessed to have some great political moments — this was one of them on a beautiful Saturday afternoon at Queen's Park," tweeted Energy Minister Greg Rickford, above a photograph of Ford and a dozen cabinet members signing the order-in-council for the midnight sitting.
Rickford's riding of Kenora-Rainy River is 1,800 km from Toronto.
NDP Leader Andrea Horwath, pointing out the province lost more than 80,000 jobs in August, expressed concern that MPPs would be spending time debating the size of Toronto council instead of more urgent matters.
"There's only one way for this madness to stop and that's for the government to withdraw the bill and we can all go back to doing the things that Ontarians expect us to be doing," said Horwath.
"We have a premier who is more focused on his grudge match with Toronto than on the important things that families need," she said.
Liberal MPP Nathalie Des Rosiers said Ford, who was defeated in the 2014 Toronto mayoral race by John Tory, needs "to step up to the plate, act like the leader of Ontario and not the mayor of Toronto."
"Stop trampling on local democracy, and please come up and do what your job is supposed to do," Des Rosiers (Ottawa-Vanier) chided the premier.
If the Tories win a stay at the Court of Appeal, that would neutralize Belobaba's decision and render Bill 31 unnecessary, nullifying the need for the notwithstanding clause.
Green Leader Mike Schreiner said the "manufactured crisis" is all so Ford can settle his "personal political vendetta" against his foes at city hall.
Robert Benzie is the Star's Queen's Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie
Robert Benzie is the Star’s Queen’s Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie

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