Ontario Tories see ‘notwithstanding’ gambit as a way to contrast Ford with Trudeau

Thestar.com
September 12, 2018
Robert Benzie

Just watch him.

Premier Doug Ford, whose Progressive Conservatives are already fundraising off of his decision to override Charter rights to shrink Toronto council, wants to use his invocation of the “notwithstanding” clause to contrast his “bold leadership” style with Prime Minister Justin Trudeau’s handling of pipelines.

Premier Doug Ford during a press conference in Toronto on Sept. 10, 2018. Ford’s plan to cut Toronto council’s size has created divisions within the premier’s inner circle.

Sources told the Star that was top of mind when senior Conservatives huddled Monday to determine their strategy after being blindsided by Ontario Superior Court Justice Edward Belobaba’s ruling that Bill 5 was unconstitutional.

That legislation, the Better Local Government Act, will be reintroduced in an emergency session of the legislature on Wednesday and Ontario will use the notwithstanding clause for the first time in the 36-year history of the Charter of Rights and Freedoms to overrule the court.

The rarely used provision is designed to give the provinces and Ottawa the power to override Charter rights that conflict with a legislative agenda.

With Ford warning he “won’t be shy” about invoking Section 33 of the Charter again to prevent judges from thwarting the Tories’ plans, his advisers are looking at ways to use it for their political advantage.

 “The thinking is that (the premier) is prepared to stand up to the courts unlike Trudeau,” confided one high-ranking PC insider, who spoke on condition of anonymity in order to disclose internal discussions.

“This is showing bold leadership. Trudeau could have (invoked the) notwithstanding (clause) on the pipeline, but he didn’t,” the source said, referring to the Federal Court of Appeal’s ruling last month that halted the expansion of the Trans Mountain pipeline in British Columbia. (In fact, the prime minister could not do that because it was not a Charter challenge.)

However, there are divisions within Ford’s inner circle over the wisdom of cutting Toronto council from 47 members to 25 and overriding Charter rights to do so.

That’s why it took six hours Monday for the fledgling government to finally announce its intentions after Belobaba’s stunning 8 a.m. ruling, the insider said.

Another PC source admitted there is an ascendant “Ford Nation” faction of long-time confidants that is more hawkish than the seasoned political professionals who have served in previous federal and provincial Conservative governments.

Robert Benzie describes the scene at Queen's Park after a court ruling that it was unconstitutional for Premier Doug Ford to cut the number of councillors from 47 to 25 in the middle of the municipal election.
But the doves, who worry that the preoccupation with the size of Toronto council deflects attention from more pressing business, did manage to temper the line of attack used against Belobaba.

While Ford noted that he “was elected” and “the judge was appointed,” the premier held his tongue on additional criticism.

“They wanted (Ford) to say ‘he was the Khadr judge’ and all this kind of crazy stuff,” said another PC insider, who also requested anonymity to speak freely.

That’s a reference to Belobaba refusing to freeze the $10.5-million federal government payout to Omar Khadr at the request of the widow of the U.S. soldier he is accused of killing in Afghanistan.

The Tories, meanwhile, are using the downsizing of Toronto council to boost PC coffers.

“If you’re with us…let us know by chipping in $3 to keep our party strong so we can bring the change Ontario so desperately needs!” according to a mass fundraising email distributed Monday night.

The next day the provincial Liberals also set out an email appeal for donations, saying what “Doug Ford has done is unprecedented and it is a direct assault on our Liberal values” and is causing “chaos.”

“Please make a contribution to help our team fight back,” said the Liberal message.

The PC missive was sent out at almost the same time that John Tory held an unscheduled one-on-one meeting with the prime minister, who told the Toronto mayor he was “disappointed” in Ford’s actions.

Tory, who is battling the province over the council changes, said he had a “good discussion” with Trudeau late Monday in Toronto.

“I was simply sharing my concern with him about the invocation of the notwithstanding clause,” the mayor said Tuesday.