Author Topic: Ontario Government of Doug Ford  (Read 1789 times)

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Offline SirJohn

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Re: Ontario Government of Doug Ford
« on: September 11, 2018, 03:08:32 pm »

From the judgement:http://www.ontariocourts.ca/scj/decisions/

A Province's powers are not absolute....

“While the SCC has used s 2(b) to protect electoral fairness especially with respect to political financing ... it’s a novel argument to say that it protects the ‘right to cast a ballot that can result in effective representation,’” Dawood wrote.

“People often make the mistake of calling judicial decisions they disagree with activist. This is not one of those cases,” Anglin writes. “Because the judge couldn’t invoke Section 3 of the Charter (which doesn’t apply to municipalities), he wrote himself a new Charter in which Section 2 does the work of Section 3.”
Anglin said that the judge’s argument concerning political rights under Section 3 of the Charter “doesn't apply to municipal elections” and that the argument Belobaba made rests on “two inapplicable” Supreme Court of Canada (SCC) precedents.

“the court's reliance on the free expression rights of voters and candidates is problematic for several reasons. It distorts the idea of free expression - and runs contrary to existing SCC decisions.”

https://www.ctvnews.ca/canada/legal-scholars-surprised-by-judge-s-reasoning-in-toronto-council-cuts-decision-1.4087964
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