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Toronto election 2018: What is going on? A guide

Theglobeandmail.com
September 11, 2018

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The Ford factor, explained in four steps

Four years ago, the tumultuous mayoralty of Rob Ford came to an end as the ailing politician stepped away from his re-election campaign for cancer treatment. Doug Ford, his brother and right-hand man, ran for the mayoralty instead, but lost to John Tory. Now, Doug Ford is Premier of Ontario, and to his critics, he's using that role as a mayoralty by other means, instituting drastic and hotly contested changes to how the city is governed. Here's the story so far.

 

Only weeks after taking office, Mr. Ford threw a wrench into candidates' plans for the Toronto municipal election by deciding to cut the number of city councillors from 47 to 25. At the time, he said the changes were to cut costs and “dramatically improve the decision-making process,” but many councillors saw it as an undemocratic move meant to settle scores from his own days in municipal government. "This is Doug Ford taking revenge out on Toronto and just throwing a stick of dynamite at council and saying: Figure it out," councillor Joe Mihevc said.

The law, Bill 5, passed in August at the end of the summer legislative session, but meanwhile, Toronto politicians and the city's lawyers mounted a defence against it. Several candidates filed a lawsuit against the province, while Mr. Tory urged the Premier to put the changes on hold and let voters decide on the number of councillors in a citywide referendum.

Adam Radwanski: Doug Ford’s mid-campaign meddling is callous, chaotic and chilling

 

Mr. Ford's plans hit a snag on Sept. 10, when Justice Edward Belobaba of the Ontario Superior Court ruled in favour of the council candidates, saying that the province had "clearly crossed the line" and Mr. Ford had no justification for cutting the council in half so soon before the election. In Judge Belobaba's ruling, the case weighed not on the candidates' or voters' democratic rights – city governments aren't explicitly covered by the Charter of Rights and Freedoms in the way provincial and federal governments are – but on the right to freedom of speech, which is covered by the Charter.

Mr. Ford was dismissive of the court ruling, and said the province would appeal it. “I believe the judge's decision is deeply, deeply concerning,” he said at a news conference hours after the decision. “He’s the judge, I’m the Premier.”

3. THE NOTWITHSTANDING CLAUSE

In an unexpected move, Mr. Ford chose the nuclear option to contest the court ruling: He promised to use the Constitution's notwithstanding clause to force through the council cut despite the judge's objections. The clause was a compromise crafted by premiers during the 1980s repatriation of the Constitution from Britain. It allows Ottawa or the provinces to pass temporary laws that override certain constitutional rights, such as freedom of expression, which is at the heart of Judge Belobaba's decision. Such laws come with a five-year sunset clause, the idea being that a new government could dispense with a previous government's unconstitutional laws.

The notwithstanding clause has rarely been used outside Quebec, and never before in Ontario. Usually it's been used to deal with language-rights questions or education, not to force changes to a municipal government. Mr. Tory described Mr. Ford's decision as “using a sledgehammer on a fly.”

Explainer: What is the notwithstanding clause and how can Ford use it?

 

At the moment, Toronto's 47-councillor system still stands. Mr. Ford's threat to use the notwithstanding clause isn't as simple as saying he will do it: Mr. Ford has to recall the legislature, introduce new legislation with the clause wording included and then pass it, all before the municipal election on Oct. 22.

If he does do that, there is one further step Ottawa could take to intervene: Having the federal cabinet block the new law using its constitutional powers to strike down provincial legislation. That would be a drastic and politically risky step for Prime Minister Justin Trudeau: The Canadian government mostly stopped using its disallowance powers against provinces in the 20th century.

Council chambers at Toronto's City Hall. Voters will decide the next mayor and council on Oct. 22.

Who will I vote for on Oct. 22?

For now, Toronto's city clerk is preparing to have a 47-ward race on Oct. 22. The nominations for candidates were closed and certified in July. The city is still updating the ward-by-ward list of who's running, but you can search for registered candidates by name here.

Who's running for mayor?

JOHN TORY

On paper, Mr. Tory has many similarities to Mr. Ford, whom he bested for the Toronto mayoralty in 2014. Both are millionaires whose fathers were part of Toronto's business establishment; Mr. Tory was leader of the Ontario Progressive Conservatives from 2004 to 2009; and both came to their respective offices with promises of low taxes and fiscal responsibility. To a city tired of the upheaval of the Ford years, Mr. Tory presented himself as a conciliator who could bring conservative and liberal voters together. His re-election platform promises to stay the course on a 2016 public-transit plan and keeping property taxes at or below the rate of inflation.

JENNIFER KEESMAAT

For five years, Ms. Keesmaat was Toronto's chief urban planner, publicly butting heads with Mr. Tory over various issues until she resigned in 2017. Now, she's running as the mayoral candidate on the left, supported by a number of councillors who've called for higher tax increases and more ambitious city services. She is proposing major overhauls of the transit plan, more affordable housing and urban-planning changes she says will make the city's roads safer.

The issues:

TRANSIT

 

ROAD SAFETY

 

AFFORDABLE HOUSING

 

URBAN PLANNING

 

How do I vote?

Am I registered? Any Canadian citizen can vote if they're at least 18 years old and live in Toronto, or own or rent property there. If you're already on the voter list, the city will send out an information card starting Sept. 17 that explains where you need to go and when. You can also check the city's online tools to get on the list or update your information.

When do I vote? Polls open at 10 a.m. on election day. Advance voting opens Oct. 10 and closes Oct. 14.

What do I need to vote? When you go to the polling place, you'll need identification showing your name and address. It doesn't have to be photo ID: A utility bill or pay stub from work should do. It isn't mandatory to bring your voter information card, but it'll speed things up.

When do we know who wins? Polls close at 8 p.m., but a decisive result will depend on how close the race is and how quickly the ballots are counted. Check back at globeandmail.com for full election-night coverage.