2018 Municipal Election: Toronto Council Races

[Videodrome]

In many state legislatures in the US, it is also a part time job.

 

[TOareaFan]

Are the new 2018 ward boundaries set in stone yet? I don't think so.

Turns out, no!

 

[torontologist]

I'm fairly certain that all it would take is a good lawyer and an injunction to prevent any provincial legislation from changing the October 2018 municipal election process. 2022 is another story. Will anyone take initiative?

 

[ttk77]

I'm sure there are lawyers already busy putting together the paperwork.

 

[steveintoronto]

I'm fairly certain that all it would take is a good lawyer and an injunction to prevent any provincial legislation from changing the October 2018 municipal election process. 2022 is another story. Will anyone take initiative?

I would have agreed, but having read the comments yesterday from City lawyers, cold water was poured on a challenge at least by their assessment. Temper that though with the fact that the better lawyers don't work for the City!

I suspect the brightest and most successful are independently looking at this right now. To get an injunction, they need to have the beginnings of a serious challenge, and I'm not a lawyer, but do see the basis of at least one very strong case (The SCC 'interpretations' of 'fair representation') enough to ask for time before the (Ontario Superior?) Court to prepare the case.

In a nutshell, what constitutes "fair representation" for MPs and MPPs is not the same for councillors according to the SCC.

Addendum:

[...]
2.2 COMPONENTS OF EFFECTIVE REPRESENTATION Effective representation is an inclusive phrase used to consider how well residents are represented in our form of government, which we call “representative democracy”. At a general level it means that one person’s vote should be of similar weight to another person’s. Applied to wards, it suggests that wards should be of similar population size. In some jurisdictions this is referred to as “rep-by-pop”, or representation by population. In the TWBR it is referred to as ‘voter parity’. In the Canadian context, the Supreme Court of Canada has employed the term “effective representation” to set the standard for creating municipal ward boundaries and provincial and federal riding boundaries. Effective representation has evolved to include several components, all of which need to be considered in designing a ward structure. These components are:

[...]
Capacity to Represent
Capacity to represent is often equated with Councillors' workload. It encompasses ward size, types and breadth of concerns, ongoing growth and development, complexity of issues, etc. For example, wards with high employment, major infrastructure facilities, tourism attractions, or special areas such as the Entertainment District, generate a host of issues a Councillor has to deal with, in addition to the concerns of local residents. The courts have noted that Councillors perform two functions. The first is legislative and refers to passing by-laws and considering city-wide issues. All Councillors have this role in common. The courts have referred to the second function as the “ombudsman role”, which is interpreted as a constituency role. It speaks to a Councillor's responsibility to represent the interests of a ward’s residents to the city government and its administrative structure. This latter function, the constituency role, is captured by the concept of the “capacity to represent”. This role can vary greatly depending on the issues prevalent in any given ward. There is no specific information or data set to quantify this criterion. Some data on development pressures can be gleaned from development pipeline reports and areas that play a special role in the city's economic life are known. Wards with these types of issues can remain in the lower reaches of the voter parity range. Homogeneous, stable wards can rise to the upper end of the voter parity range.

[...]
Balancing the Components of Effective Representation
Designing a new ward structure requires balancing all the components of effective representation. While all of the components have to be taken into consideration, they are not all equal. Some need to be weighted more heavily than others in determining a new ward configuration. Voter parity is pivotal and is a key determinant of effective representation. Respecting communities of interest is another high priority consideration, along with well-defined, coherent ward boundaries. The Supreme Court of Canada has ruled that voter parity is required based on the Canadian Charter of Rights and Freedoms provision of the “right to vote”. Besides just voting, the right to vote asserts that one person’s vote must be similar in weight to any other person's vote. Voting weights do not need to be identical but they must be 'similar' and within a reasonable range. Within this range other factors such as geographic communities of interest or capacity to represent are considered. Ward boundary reviews need to look into the future. Toronto is growing at a rapid rate. In its pursuit of effective representation, the TWBR looks ahead to 2030 when Toronto’s population will have grown to approximately 3.2 million. The TWBR uses total population numbers in a ward and not electors. Councillors, once elected, represent all people in a ward, not just those eligible to vote. Also, as a ward alignment lasts for several elections, some people not eligible to vote currently will become voters in future elections.

[...]

See Pages 11-13+ https://www.toronto.ca/wp-content/uploads/2017/12/8d62-Attachment-1-TWBR-Final-Report-FINAL.pdf

To block an injunction, QP is going to have to pull a legal rabbit out of a constitutional cap to prepare a submission that could outweigh what's stated above.

A Judge would rightly query: "On what legal basis and research do you dismiss the guidelines proffered by the SCC?" Just preparing a brief to even begin to answer that would throw Ford et al into a skid if not a car wreck as per doing this in time to upset the present course of action. Would the Court hear a case on this matter in full? Absolutely, but not like this. Chances are very good that an injunction would be granted until a full and complete examination could be had.

Look for legal scholars to have featured articles in the popular media in the next few days, let alone in 'in-house' legal publications.

Looking forward to Ford then bellowing: "Fake Decision!" (For 'The People'...of course). Ford might then threaten to eliminate most of the Courts as a "waste of taxpayers' money".

 

[steveintoronto]

I'm sure there are lawyers already busy putting together the paperwork.

We cross posted, completely agreed. What would be astounding is this not being the case. The question is really which powerful lawyers are already doing it, and if they are, are they organizing a coordinated effort to pool research and resources?

This is exactly the type of case that attracts the altruistic. And to be honest, it's also excellent PR for the Bar.

 

[Admiral Beez]

Those calling for fewer ridings are ignorant of the fact that city councillor has always been considered a "part time job", in that councillors are *allowed* to hold other jobs (see: Doug Ford at Deco; Mammo at Supreme Douchebag, Inc.). Most councillors go above and beyond already and work 50-60 hour weeks. Shrinking the ridings now doubles the constituency load for every one of those councillors who already overwork themselves.

This is not a boon in any manner. This means less representation for everyone.

I've been a homeowner in Toronto for over 20 years now. And I've never once consulted or needed my councillor. When there's a pothole or other matter, I call 311 and have the bureaucracy handle it. To me municipal governance is a transactional affair, you tax me, in return I get services. You could reduce council further and I'd likely not notice.

 

[steveintoronto]

You could reduce council further and I'd likely not notice.

You could eliminate Orthodontists, Brain Surgeons, Astronauts and Physicists too.

Never had to use one...And don't stop there. You could eliminate provincial legislatures too. For instance, that there Ford fella. Useless as teats on a bore (sic). Think of all the money we could save...never had any use for the man. Even less now...

 

[Richard White]

I've been a homeowner in Toronto for over 20 years now. And I've never once consulted or needed my councillor. When there's a pothole or other matter, I call 311 and have the bureaucracy handle it. To me municipal governance is a transactional affair, you tax me, in return I get services. You could reduce council further and I'd likely not notice.

I've never contacted my City Councilor but that doesn't mean she's not an integral part of our government. One person cannot manage 150000 or so people without something falling through cracks.

Honestly the only way for the political interference from Queens Park to get resolved would to be secession from Ontario. The moment the balls get rolling on something like that Queens Park would fall into line knowing they would lose the economic powerhouse of the nation.

It is likely a non starter though given that Toronto is the capital of Ontario. All things considered however it could be possible if Doug Ford keeps mouthing off. Piss off 7 premiers (including all of Western Canada) and we have the 2/3rds majority to secede

 

[steveintoronto]

Honestly the only way for the political interference from Queens Park to get resolved would to be secession from Ontario.

I gave you a 'like' purely on the *gist* of your post. Indignation on a large scale can often force change, but technically, there is no mechanism in the Constitution for secession....errr...provincial separation from the nation besides. Can that change? If enough people become truly upset, and Keesmaat carefully studies the issue, perhaps. To reopen the Constitution is...let's not go there right now. It's virtually impossible with the present mechanism, What was interesting though, and this is a separate point: Nenshi, Calgary's Mayor, coming out so profoundly on the matter. Calgary is also chafing under the provincial yoke. Many cities are! A good part of that is the the 'progressive' bent found in quasi-world class cities.

The moment the balls get rolling on something like that Queens Park would fall into line knowing they would lose the economic powerhouse of the nation.

The UK has been doing this for generations now (proviso, the UK's counties are directly controlled from Parliament, and so are City States like London, Bristol. Regions are being examined, but Brexit has put the kibosh on that for now), so have Germany and other nations. "City-States". (Germany has a number of them, Hamburg and Berlin immediately coming to mind. Germany has 'Lander' roughly equiv to states or provinces)

Oddly, Ontario alluded to this with the creation of the City of Toronto Act, and subsequently, the City of XXX Act for (twelve?) other cities/regions in Ontario. These acts are about as close as our constitutional fetters allow as per 'self governing', but they're virtually empty legal vassals relative to the Municipal Act. Witness Wynne nixing tolls on the DVP. Every aspect of these acts is at the pleasure or not of QP, court challenges beside.

If Ford had any balls (or marbles) he'd realize the best way to see Toronto prosper is not by dicking with numbers on Council (the TO Act has to be amended anyway) but to rejig procedure and delineation of powers within the *47* newly determined wards, and how that representation is governed in council chambers.

But that would take a backbone and scruples...and Careful Study. Imagine that...At least Mike Harris could form complete sentences and expound a case.

I like your enthusiasm Richard. It's the stuff of positive change, and if anyone can shepherd this, it's Keesmaat. For what it's worth, in the TorStar poll (which are really popularity contests) she scored two to one against Tory.

The dialog has started...

 

[christiesplits]

So, what happens now? Do allies like Sarah Doucette and Gord Perks, or Mary Fragedakis and Paula Fletcher, run against one another? Does one drop out and bank the severance and pension?

 

[ttk77]

No one should drop out yet. There hasn't even been any legislation tabled. My guess is that no one is going to do anything until just before the new deadline to give time for a legal injunction to be put into place.

 

[TrickyRicky]

If the City could operate better under 47 or 25 councillors is an open debate in my opinion depending on your criteria of consideration.

Changing the process now is clearly wrong though. A political calculation clearly, as it would be a pointed wedge issue in the next provincial election 2o22.

If we isolate the issue Ford identifies “getting things done” and “saving tax payers money” and “Ontario open for business” I think the matter is still debatable at best. Maybe he is right that executive level decision-making could be streamlined (or not); however, represention matters for business interests as well as citizens. Often your councillor is a defender of getting things done for business against the absurdities of the bureaucracy, utilities etc. I would wager that the businesses in your Ward are more likely to be in close contact with the councillor than residents. Having less councillors does not help their interests.

 

[christiesplits]

If the City could operate better under 47 or 25 councillors is an open debate in my opinion depending on your criteria of consideration.

Changing the process now is clearly wrong though. A political calculation clearly, as it would be a pointed wedge issue in the next provincial election 2o22.

If we isolate the issue Ford identifies “getting things done” and “saving tax payers money” and “Ontario open for business” I think the matter is still debatable at best. Maybe he is right that executive level decision-making could be streamlined (or not); however, represention matters for business interests as well as citizens. Often your councillor is a defender of getting things done for business against the absurdities of the bureaucracy, utilities etc. I would wager that the businesses in your Ward are more likely to be in close contact with the councillor than residents. Having less councillors does not help their interests.

It will be interesting to see what short-term financial ramifications there could be for the sudden change, effectively making the claim of 'savings' mute. For instance, take a look at the list that the city clerk put together about necessary changes. What costs are associated with the last minute technology and ballot counting changes? Could vendors sue the city for last minute changes?

https://twitter.com/gordperks/status/1022975749094080512

 

[steveintoronto]

^There may also be a basis in law for civil action to recoup losses. There's very real irony in that if some of these claims were from American companies or individuals, they would have a case under Nafta.

Here's an example, and this doesn't even have the protections of Nafta clauses:

German company to seek damages after Ontario wind project cancelled

SHAWN MCCARTHYGLOBAL ENERGY REPORTER
OTTAWA
PUBLISHED JULY 11, 2018UPDATED JULY 11, 2018
FOR SUBSCRIBERS
A German-owned wind-power developer said on Wednesday it will pursue at least $100-million in compensation after Ontario’s new Progressive Conservative government announced it is killing the firm’s contract for a nine-turbine project in Prince Edward County.

After years of battling local opponents, wpd Canada Corp. received approval to proceed with construction of the 18.5-megawatt White Pines project in May, a few days after the election campaign began. [...]

https://www.theglobeandmail.com/bus...damages-after-ontario-wind-project-cancelled/

How long is Caroline Mulroney going to last at the losing end of chronic court decisions? Her reputation would be served far better by working for the Mafia.