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Councillor to take city to appeal board over ward boundaries decision

Rookie councillor Justin Di Ciano says 47-ward option doesn't achieve goal of equal representation.

thestar.com
By JENNIFER PAGLIARO
April 3, 2017

In a rare step, a sitting councillor is taking the city to the provincial appeals body over a council-approved plan to redraw ward boundaries.

Councillor Justin Di Ciano (Ward 5 Etobicoke Lakeshore) filed an Ontario Municipal Board appeal arguing the decision to increase the number of wards to 47 from 44 does not achieve effective representation.

The appeal would see the city forced to expend legal resources defending against one of council’s own sitting members. It could also jeopardize a plan to have new boundaries in place by the 2018 election. One other appeal has been filed to date.

The appeals follow a more than two year, independent review of ward boundaries, spurred by concerns that ward populations were becoming increasingly unbalanced and a risk the province could redraw the lines without city input.

Last year, a hired team of urban planning consultants recommended a 47-ward option. They said it would not only best achieve voter parity, but was mindful of other considerations like keeping communities together.

Council approved that solution in November in a 28 to 13 vote.

Di Ciano - who missed the November vote but was present in the council chamber an hour earlier - argues that exercise was unsuccessful.

“The by-law over emphasizes numerical parity almost to the exclusion of other important principles,” he wrote in an email, arguing it failed to achieve effective representation and that the Supreme Court of Canada has ruled representation must factor in considerations like geography and community history.

Because Di Ciano’s Etobicoke ward has above-average population, the redrawn lines remove several neighbourhoods from his ward north of Bloor St. and west of Hwy 427, including one just north of significant redevelopment planned at the Six Points “spaghetti junction” interchange and Kipling station.

A Star review of the polls that would be partly or entirely removed from Di Ciano’s ward shows most backed him with above-average margins.

“If I had a hidden agenda I would (have) kept it hidden,” Di Ciano said. “I am appealing this matter as a single resident because I care about my city and the last thing residents need is more politicians.”

Dave Meslin, a longtime advocate for better municipal representation, said councillors wanting to meddle with recommended boundaries risk heading down a path of American-style gerrymandering.

“Out of the 2.6 million people in Toronto the only 45 people who shouldn’t be allowed to touch this because they’re in the conflict of interest are the members of council.”