Newsletter from Councillor Josh Matlow on Friday, September 21, 2018
As many of you have already heard, a panel of Ontario Appeals Court judges granted the province a ‘stay’ on Doug Ford’s Bill 5. This development means that Toronto will have a 25 Ward election as there is no legal avenue left, that I am aware of, that could overrule this decision before Torontonians go to the polls on October 22nd.
It is important to note that this fight, however, is not over. My motion, approved by City Council, directs the City Solicitor to “exhaust all legal avenues”. If a decision sanctioning Doug Ford’s meddling in our election is allowed to stand, a precedent that municipal voters have no rights would be set. Further, this interpretation could establish case law that further erode the City’s autonomy on other matters. We must fight this decision all the way to the Supreme Court, even if it is too late to change course for the upcoming election.
What do we do next?
First, all Torontonians need to work together to ensure that our democracy can never be trampled over again. Toronto is a 21st century city with almost 3 million people operating under 19th century legislation designed for a largely agrarian society. We cannot continue to operate under this framework.
I moved a motion, supported by my colleagues, at the last Council meeting requesting that the federal government move forward with providing Toronto a City Charter. The full text of the motion is below:
- City Council request the Government of Canada to provide a mechanism for the City of Toronto, and other municipal governments, to establish a City Charter that provides authority over “municipal issues” including, but not limited to, the following:
- a) Municipal elections
- b) Municipal governance structure
- c) Local land use and zoning decisions
- d) Local financial matters including the power to determine revenue sources, set tax rates, borrow funds, and allocate monies
- e) Personnel decisions
What is a City Charter?
- Common in the United States, and elsewhere, Charter cities have supreme authority over “municipal affairs.”
- Also referred to as “Home Rule”, a charter city’s law concerning a municipal affair will trump a state law governing the same topic
Charter City Powers
- According to the National League of Cities (US organization similar to the Federation of Canadian Municipalities) local governments under Home Rule are generally free from State interference in 4 areas:
- Structural: power to choose the form of government, charter and enact charter revisions
- Functional: power to exercise local self-government in a broad or limited manner
- Fiscal: authority to determine revenue sources, set tax rates, borrow funds and other related financial activities
- Personnel: authority to set employment rules, remuneration rates, employment conditions and collective bargaining
Other Jurisdictions
- London was first granted a City Charter by Henry I in 1131 providing allowance to choose their own sheriff and judiciary – “no-one else shall be judge over the men of London“:
“Henry, by the grace of God King of England and duke of Normandy, to the archbishop of Canterbury, bishops, abbots, earls, barons, justices, sheriffs and all his loyal subjects, French or English, throughout England, greetings…The citizens may appoint as sheriff whomever they want from among themselves and as judge whomever they want from among themselves to take charge pleas of the crown and supervise their conduct; no-one else shall be judge over the men of London.”
- Many major American municipalities have had Charters for over a century providing independence from state government on local matters, including the 4 largest cities:
- California alone has 121 Charter cities
I will have more to say in the coming weeks on our campaign for a City Charter, and other, more immediate measures, to address the democratic deficit created by the reduction of councillors.
Right now, I need your support in this difficult election. While there are other tools, such as social media, phone banks and direct mail, the most effective method of reaching voters is through knocking on our neighbours’ doors and letting them know how much we have accomplished over the last 8 years and our plans for continuing to improve Midtown and all of Toronto.
Please sign up on my website. I look forward to you joining me out in our community
Sincerely,
Josh
