Law Times

Page 6 September 24, 2018 • Law timeS www.lawtimesnews.com The method to the madness of Doug Ford BY IAN HARVEY D epending on your politics, there's no mushy middle with Premier Doug Ford; he's either loved or reviled and his invocation of S. 33, the infamous notwithstanding clause, is a perfect illustration. The left, middle and even some con- servatives are apoplectic over his use of s. 33 to sidestep an Ontario Superior Court decision striking down Bill 5, the original bill slashing Toronto Council to 25 seats from the planned 47. The key question is why? Why would Ford and his government burn so much political capital with scorched earth policy? The most popular response is ven- geance. Theory has it that Ford is wreaking revenge against the councillors who os- tracized his brother Rob, leaving him as mayor in name only. However, while a strong mayoral sys- tem is long overdue, Ford is making no changes there — at least not yet. The other, of course, is cost and Ford has promised savings of $25 million, which is a mere raindrop in a hurricane given the city's budget. Critics say it's a fib that any savings will be offset by the 25 councillors in- creasing staffing. Others say when travel, office expenses, conferences, staffing and other items are totalled, the savings could be much more — as much as $40 million. So, why is this so impor- tant? First, in the years of debate over right-sizing council, they couldn't bring them- selves to cut their numbers, only to increase them to 47 seats from 45. It's agreed the province has the con- stitutional right to dictate the size of To- ronto council — or any municipality — but the issue is doing it after the election had started. Then — the stay asked for at the Ontario Court of Appeal late last week notwithstanding — the prospect of 47 lame-duck councillors for four years reverting to 25 at the next term is laugh- able. The potential for grandstanding and headline grabbing among them would be mind boggling as they jostle for sur- vival. Far better to rip off the Band-Aid and be done. Twenty-five councillors will have to focus on big-city issues rather than get bogged down on trivial NIMBYisms. Perhaps, however, there is another deeper, darker, more Machiavellian plan in play? When mayoralty can- didate and former chief planner Jennifer Keesmaat mused about Toronto seced- ing to become its own city state, she may have touched a nerve. It would require an un- likely constitutional amend- ment, but the spectre of a formidable, uncontrolled, oppositional political force is something the province has long feared. Former Ontario Premier Kathleen Wynne stopped Toronto Mayor John Tory's plan to toll the Don Valley Park- way and Gardiner Expressway not just because she coveted the votes of 905 commuters but because the city was setting a precedent and encroaching on provincial turf. The threat of a fifth column with taxpayer-funded resources and an ac- tivist mindset to thwart Ford and Co. at every turn — much as they are doing with court actions already — is a direct challenge to Ford's future agenda, such as putting TTC expansion under the umbrella of Metrolinx, and who knows what might come from the pending spending audit. Ford seeks to break down the bar- riers to economic progress that have stalled development and infrastructure projects in Toronto for 20 years. In effect, he's finishing the job for- mer premier Mike Harris started with amalgamation. This time, though, Ford is chan- neling another conservative political heavyweight, first Metro chairman Fred G. Gardiner. When Gardiner approved a project — such as the DVP or Gardiner Ex- pressway — it was built in record time and opposition was bulldozed aside. It was Gardiner who built Toronto from backwater and set the stage for it to take the urban crown from Montreal. Arguably, Ford is following the same path, clearing roadblocks, suggesting there's a lot more disruptive change to come. And that's either a good thing or a disaster depending on where you stand. LT uIan Harvey has been a journalist for more than 41 years, writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. COMMENT ©2018 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written per- mission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reli- ance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $205.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circulation inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. 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Karen Lorimer Managing Editor . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . Anita Balakrishnan Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . Leah Craven Art Director . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . Jacqueline D'Souza Electronic Production Specialist . . . Derek Welford To the editor — In reference to the story "Judicial review of LAO panel decision sought," which ran in the Sept. 10 edition of Law Times, I wanted to make sure readers are aware that I have always unequivocally denied the allegations made against me that I bullied or harassed anyone in the course of my em- ployment at Legal Aid Ontario. I also sued LAO for my wrongful dismissal and challenged its assertion that it had cause for my termination. Earlier this year, my lawsuit against LAO was settled. I am not in a posi- tion to disclose the terms of that settlement, but I am able to acknowledge the fact of that settlement. Additionally, it is a matter of public record that I am presently empaneled on LAO's Central District Criminal Panels. I cur- rently appear on behalf of LAO as a per-diem duty counsel, helping LAO clients in court and working directly with LAO employees. Also, LAO dis- tributes a list of its Oshawa certificate panel lawyers to local LAO clients, which includes my contact information in order to assist LAO's clients in retaining my services. I feel these details about my current relationship with LAO need to be communicated to your readers so that they do not make conclusions about the validity or appropriateness of LAO's past actions against me without considering subsequent developments. Sincerely, Chris Amodeo Barrister and solicitor Whitby, Ont. u Letter to the editor Chaos theory I n the recent legal drama around Ontario's move to chop the size of Toronto's city council, it was common to hear some members of the public decry that something was terribly wrong with the judicial system as well as with our democratic institutions. However, by all accounts — there is a lot that is going right. No matter what you make of its findings, the Ontario Court of Appeal should be lauded for its swift response to Justice Edward Belobaba's barn-burning ruling stopping the province. Many lawyers, who I suspect acted on a pro bono basis, volunteered their time and efforts to step into the fray to participate in the legal battle. And Canadians (make that Ontarians) who had likely never heard of the notwithstanding clause in the Charter got a steep education in constitutional law, due to wall-to-wall coverage of the issue. In this issue of Law Times, we cover other in-depth legal issues to share stories that also have massive implications (though potentially less detailed in the media). There's a piece that looks at a decision that could possibly nullify some wills across the province, even those drafted by the province's most esteemed lawyers. There's another piece that looks at how knowledge of immigration law intersects with criminal law and others that explore how certain federal programs or agreements are impact- ing the legal community and their clients — and feedback on how improvements could be made. There are details on a ruling involving Bitcoin and how the legal system is grappling with valuing crypto-currency. All in all, the world may feel like a chaotic place — but for all the disruption and legal bat- tling, there is a lot going right. Engaged lawyers and judges have made sure of it. LT u EDITORIAL OBITER By Gabrielle Giroday Queen's Park Ian Harvey

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