Doug Ford‘s announcement that he will invoke the notwithstanding clause to defend his attempt to reduce the size of Toronto city council has set off a political firestorm.
Ford’s contention is that because he won the election, he can do whatever he wants as premier.
Simply put, that’s not true.
Of course, Ford, or any sitting government, has the right to pass laws or rescind laws as they see fit, but those government initiatives must conform to the laws of the land.
The ruling on Monday stated that Ford’s arbitrary plan to slash the size of Toronto council in the middle of an election contravened the Charter of Rights and Freedoms.
The Ford disciples who vilified the judge who rendered the decision are way off base.
Judicial reviews don’t evaluate the merit or popularity of government policy; they simply look at it through the prism of the laws of our country.
We need the courts to oversee the work of government just as we need referees to ensure that hockey players adhere to the rules of the game.
You may not like it when a referee calls a penalty against your team or a court rules against a government you voted for, but without that oversight, there is chaos.
Ford’s threat to invoke the notwithstanding clause is essentially saying “to hell with the law,” and that kind of autocratic attitude should concern all Ontarians.
Bill Kelly is the host of the Bill Kelly Show on Global News Radio 900 CHML
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