September 2018
Premier to Use Notwithstanding Clause to Pass Better Local Government Act

2018-09-10 6:00:57 PM


Today Premier Ford announced that he will use the notwithstanding clause in the Charter of Rights and Freedoms to reintroduce Bill 5, the Better Local Government Act. Sections of the Act were overturned this morning by a ruling in Ontario Superior Court that found Bill 5 (1) "interfered with the candidates's freedom of expression," and "undermined an otherwise fair and equitable election process," (2) "interfered with a voter's right to freedom of expression...effectively denying the voter's right to cast a vote that can result in effective representation," (3) "cannot be demonstrably justified in a free and democratic society and cannot be saved as reasonable limits under s.1 of the Charter of Rights." This would be the first time in Ontario's history that the province used the notwithstanding clause. 

For more: 

City of Toronto et al v. Ontario (Attorney General), 2018 

Press Release: Doug Ford Announces Action to Uphold the Better Local Government Act 

Library of Parliament: Background Paper--The Notwithstanding Clause of the Charter 


 


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