DIVISION OF POWERS - Provincial jurisdiction - Provincial powers (Constitution Act, 1867, s. 92) - Municipal institutions

Law360 Canada (October 1, 2021, 4:28 PM EDT) -- Appeal by the City of Toronto from a judgment of the Ontario Court of Appeal that held that the Better Local Government Act, 2018, was constitutional. During the City of Toronto’s municipal election campaign, the Province of Ontario enacted the Better Local Government Act, 2018, which reduced the size of Toronto City Council from 47 wards to 25. The City challenged the constitutionality of the legislation and applied for orders restoring the 47-ward structure. The application judge found the Act limited municipal candidates’ right to freedom of expression and municipal voters’ right to effective representation under s. 2(b) of the Charter. He found the limits could not be justified under s. 1 of the Charter and set aside the impugned provisions of the Act. The Court of Appeal granted a stay of the judgment. The municipal election proceeded on the basis of the 25-ward structure established by the Act. The Court of Appeal subsequently allowed Ontario’s appeal, finding no limit on freedom of expression....
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