Lawyers for the City of Toronto have thrown a kitchen sink of objections at the Better Local Government Act, the legislation passed by the Legislature to reduce the size of City Council from 47 sets to 25. Among the arguments are that it’s discriminatory, arbitrary, violates the Constitution, breaches the Charter of Rights and denies effective representation. Ontario Superior Court will hear the arguments Friday and the most tempting prospect is that the court might agree with all of these complaints and still find the Better Local Government Act entirely constitutional. The prospect of a different decision might delight City Council but it seems likely to throw Canada into constitutional confusion. It would require an immediate appeal by the Ontario Government and perhaps set the City and Legislature on the road to the Supreme Court of Canada.
