Halting Bill 5, the "Better…

Halting Bill 5, the "Better Local Government Act," is crucial for preserving democratic integrity, upholding constitutional rights, and ensuring effective local governance in Ontario. Below are key reasons to oppose the bill:([Thomson Rogers LLP][1])

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1. Violation of Charter Rights

Bill 5 infringes upon the Canadian Charter of Rights and Freedoms, particularly Section 2(b), which guarantees freedom of expression. The Ontario Superior Court ruled that the legislation, enacted mid-election, disrupted candidates' campaigns and voters' ability to cast meaningful votes, thereby violating their constitutional rights .([Siskinds Law Firm][2])

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2. Undermining Effective Representation

Reducing Toronto's city council from 47 to 25 wards significantly increases the average population per councillor, from 61,000 to 111,000. This change impairs councillors' ability to address local issues effectively, diminishing residents' access to their elected representatives .([Goldblatt Partners LLP][3], [ACTO][4])

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3. Disruption of Democratic Processes

Implementing such a significant change during an ongoing election campaign causes confusion among voters and candidates. The sudden alteration of ward boundaries undermines the fairness of the electoral process and erodes public trust in democratic institutions .([dialognews.ca][5])

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4. Overreach of Provincial Authority

Bill 5 represents an unprecedented use of the notwithstanding clause to override judicial decisions, challenging the balance between legislative power and judicial oversight. This action sets a concerning precedent for future governmental interference in municipal affairs .([Canadian Lawyer][6])

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5. Weakening of Local Democracy

The bill diminishes the autonomy of municipal governments by stripping Toronto of its authority to determine its own electoral structure. This centralization of power undermines local democracy and the principle of self-governance .([Thomson Rogers LLP][1])

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6. Potential Negative Impact on Vulnerable Populations

A smaller council may lead to reduced attention to issues affecting marginalized communities, including tenants and low-income residents. Effective representation is essential for addressing their concerns and ensuring equitable public services .([Thomson Rogers LLP][1])

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Conclusion

Halting Bill 5 is essential to protect constitutional rights, maintain effective local governance, and uphold the principles of democracy in Ontario. The bill's provisions disrupt established electoral processes and concentrate power in ways that may not reflect the diverse needs of the population. Preserving the current structure allows for more responsive and representative local government.

Cites:

[1]: https://trlaw.com/blog/toronto-fight-bill-5-better-local-government-act… "Toronto decides to fight Bill 5, the Better Local Government Act, 2018 | Thomson Rogers LLP"
[2]: https://www.siskinds.com/ontario-superior-court-justice-sets-aside-prov… "Ontario Superior Court of Justice Sets Aside Provisions of Legislation Cutting Toronto City Council in Half in City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151. | Siskinds Law Firm"
[3]: https://goldblattpartners.com/experience/notable-cases/post/superior-co… "Court: Bill 5 interferes in Toronto election contrary to the Charter"
[4]: https://www.acto.ca/bill-5-will-weaken-torontos-democracy/?utm_source=c… "Bill 5 Will Weaken Toronto's Democracy - Advocacy Centre for Tenants Ontario - ACTO"
[5]: https://dialognews.ca/2018/09/10/doug-ford-to-use-notwithstanding-claus… "Doug Ford to use notwithstanding clause to pass Bill 5 cutting Toronto city council - The Dialog"
[6]: https://www.canadianlawyermag.com/news/general/ontario-lawyers-mount-op… "Ontario lawyers mount opposition to bill 5 | Canadian Lawyer"