Chapter 13
Because they derive their power from the province, these bodies are considered “creatures of the province”.
What are Municipal Councils?
The Divisional Court ruled that because the council’s repayment order was invalid, Ford could not have violated this statute governing municipal conflicts of interest
What is the Municipal Conflict of Interest Act? (MCIA)
This Ontario law reduced Toronto City Council wards from 47 to 25 during the 2018 municipal election campaign.
What is Bill 5 or the Better Local Government Act, 2018?
This rarely used constitutional provision allows a government to override certain Charter rights for up to five years.
What is Section 33, the notwithstanding clause?
This rule is the assertion that provinces must keep a “watchful eye” on municipalities and how they exercise their power.
What is Dillon’s Rule?
This principle explains why the repayment order was invalid: the council exceeded the powers granted by legislation
What is the ultra vires doctrine?
This Charter section on freedom of expression was central to the case
What is section 2(b)?
This mayor, a former Ontario PC leader, pushed back against claims that his city council was dysfunctional.
Who is John Tory?
This Latin phrase means “within the powers or authority”.
What is “intra vires”?
Because the repayment order was invalid, the Court ruled Ford did not have this type of interest in the vote
What is pecuniary interest?
This trial-level court initially held that Bill 5 violated freedom of expression.
What is the Ontario Superior Court of Justice?
This court is where the Ontario government sought a stay of the lower court ruling.
What is the Ontario Court of Appeal?
Prior to Vavilov, these were the two steps Courts would consider when looking at municipal decisions.
What are, i) the matter was within its jurisdiction and ii) reviewed using a standard of reasonableness?
This was the ultimate outcome of the Divisional Court’s decision regarding Ford’s mayoral position.
What is he was reinstated as mayor?
According to the Ontario Court of Appeal in Toronto (City) v. Ontario, the Charter protects the right to express political views but does not guarantee what about that expression?
Its effectiveness or impact
By invoking Section 33 immediately after a court ruling, Doug Ford bypassed this fundamental Charter‑protected freedom identified by the Superior Court.
What is freedom of expression?
In order to play a larger role, municipalities have been asking for this, from their respective provincial governments.
What is more authority to act and power to raise revenue?
This legal concept means that an administrative decision is treated as legally invalid or void.
What is a nullity?
In 2021, this court upheld Bill 5 and found that the ward reduction did not breach freedom of expression.
What is the Supreme Court of Canada
The Superior Court’s ruling emphasized that altering electoral boundaries mid‑campaign undermines this constitutional value, which protects meaningful participation in democratic processes.
What is effective representation?