Ontario’s Court of Appeal has issued a stay putting a lower court’s ruling striking down Bill 5 on hold. Bill 5, which slashed the size of Toronto council to 25 wards, is now in effect pending appeal. This decision by the panel of three judges means that City staff will immediately begin preparing for a 25-ward election, to be held on Oct. 22. As tweeted below, the appeal court took issue with Superior Court Judge Edward Belobaba’s finding that freedom of expression was related in some way to the size of municipal wards. The appeal court panel was composed of Associate Chief Justice Alexandra Hoy, Justice Robert Sharpe and Justice Gary Trotter. The judges found that while Toronto City Council candidates had a “reasonable expectation” they would be contesting a 47-ward election, they are not guaranteed this outcome by the Charter of Rights. They also say that changing rules after campaign began may be unfair, but “unfairness alone does not establish a charter breach.” The appeal court again makes a distinction between fairness and a violation of the constitution. “The question for the courts is not whether Bill 5 is unfair but whether it is unconstitutional. […] [W]e have concluded that there is a strong likelihood that application judge erred in law and that the AG’s appeal to this court will succeed.”
Strong words here from the court of appeal judges, slamming Belobaba's earlier ruling: "It is not in the public interest to permit the impending election to proceed on the basis of a dubious ruling that invalidates legislation duly passed by the Legislature."
— Lauren Pelley (@LaurenPelley) September 19, 2018
