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Supreme Court to rule on whether Ontario had power to cut number of Toronto councillors mid-election

The Supreme Court of Canada has granted leave to appeal the decision of the in the case of v. Attorney General of Ontario.

We previously wrote in our article Nothing Wrong With Cutting Number Of Toronto City Councillors During Election Campaign: Court Of Appeal:

In a 3-2 decision, the Court of Appeal for Ontario in Toronto (City) v. Ontario (Attorney General) held that the Province of Ontario’s decision to reduce the number of Toronto City Councillors from 47 to 25 in the middle of a municipal election did not violate any constitutional rights of candidates or citizens. In a nod to the prevailing law principle that courts should rarely interfere in political decisions, the Court of Appeal set aside a lower court decision that found the change imposed by the Province had violated the right of free expression guaranteed under the Canadian  of candidates and voters alike.

As is usual, the Supreme Court did not provide reasons as to why it granted leave to appeal. The 3-2 split decision of the Court of Appeal for Ontario was likely a factor. The Supreme Court will finally resolve the issue of what power the Province of Ontario had to make changes to Toronto’s electoral map during the last municipal election.

The date for the Supreme Court has not been set. Case updates can be found here.

Michael Binetti
Affleck Greene McMurtry LLP

Michael Binetti

Michael Binetti, a partner of the firm, brings a proven background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and have commented that Michael is an “excellent and creative ,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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