At special meeting of Toronto Council, John Tory reads the words of former premier Bill Davis opposing use of the notwithstanding clause. Council is likely to spend most of this meeting in private session discussing legal advice.
Toronto Council is back in public session. That was quick. You can watch live here: https://www.youtube.com/watch?v=WROelePnsVo
Toronto City Clerk: “Every hour that goes by, every day that goes by, creates greater uncertainty and raises in me a huge concern over the proper conduct of this election. I have to let council know that.” She says she has retained independent counsel.
Councillor Lucy Troisi asks what would happen if city councillors and mayor were to resign en masse, in protest. Who would be in charge? City lawyer says the province would have to step in.
City Clerk Ulli Watkiss says not holding advance voting days would “result in an election that is not fair, that does not meet the principles of the act, that does not meet any integrity of process.”
Watkiss: “It’s becoming very difficult to expect that voters and candidates can operate under these scenarios.”
City Clerk Ulli Watkiss: “We have hit a tipping point and both [Toronto election] scenarios are becoming virtually impossible for us to carry out.” Wow.
Watkiss says she’ll be meeting with her legal counsel later today, and asking what the options are if she determines she cannot run a fair election. Also says she’ll be asking about delaying the election date.
This is not something to be taken lightly: the person responsible for running fair elections in Toronto is publicly saying she’s not sure she can run a fair election.
Watkiss confirms it is no longer possible to hold advance polling over Thanksgiving weekend. That will make it very hard for many college and university students to vote in this election.
Filion asks the Clerk if it’s reached the point where postponing the election would be a good thing. Watkiss says she can’t answer that now — needs to take her legal counsel.
Councillor Mihevc moves that council direct the city solicitor to challenge Bill 31 in court, and also ask Trudeau government to use disallowance to kill the bill.
Councillor Troisi moves a motion that all council members tender their unanimous resignation in protest of the provincial government.
Chair Nunziata rules the Troisi mass resignation motion out of order. Troisi challenges the chair. Chair is upheld, 33-2.
(I have no idea what the strategy was there.)
Troisi has her office key and her city hall pass in hand. She says she was prepared to give both up right now, had her colleagues also done so, in the hopes the provincial government would have seen the mass resignation as a powerful sign of protest.
Councillor Filion says city may be on the road to a scenario where the validity of this election could be successfully challenged in court.
Council votes 29-7 to express strong opposition to Bill 31 and the use of the notwithstanding clause.
Council votes 24-12 to request the federal government use the power of disallowance.
Matlow’s motion requesting the federal government provide a mechanism for Toronto and other municipal governments to establish City Charters and govern independently CARRIES 28-8.
Wong-Tam’s motion requesting Trudeau and feds recognize the significance of the the Charter and fair elections CARRIES 31-5.
Filion’s motion requesting the province allow a deadline extension for nominations if appeals court brings back Bill 5 CARRIES 34-2.
We pause here so Councillor Gord Perks can honour Councillor Sarah Doucette, who announced yesterday she would not run in a 25-ward election. “Sarah, you’re one of the very few people who makes me behave better,” he says.
Doucette: “It’s my decision not to run for 25 [wards]. I’ve already let Councillor Perks know that if I was running I would probably beat him — so that’s not the issue. I am not running because it’s the right decision for me at this point in time in my life.”
And council is done. Up next: who knows? The city clerk has a lawyer now. It’s unclear the October 22 election can occur under any ward scenario. This is a long way from settled.
Probably couldn’t hurt to start brushing up on section 83 of the Municipal Elections Act now. Might save time later.
