Regardless of whether you think Ford was right to use the notwithstanding clause, what is not in debate is his right to use it. All the talk about him suspending Charter rights and democracy is rubbish; the Charter specifically gives Premier Ford the right to use the notwithstanding clause. Here is why I think he will go politically unscathed despite using what is called a "nuclear option" on such a small thing.
- Most polls actually show a broad public support for reducing the size of the Toronto council. At worst case for him, the support is split even. Let's face it: when was the last time you felt we needed more politicians? So Ford is trying to do a thing which has public support.
- All these talks of how "experts" think we need more members in the council and how "experts" have railed against Ford's plans is useless talk. Think about it - these same "experts" have been saying we don't need to expand Toronto subways, we need LRTs. These same experts think we need more taxes. These same experts think Toronto is functioning well but we need to reduce cars in the city. Meanwhile, traffic in Toronto is now at a crisis, commuting takes longer than ever, and the subway across Toronto has been stuck from Kipling to Kennedy for the last twenty years. These same so-called experts have totally failed, and missed the ball. Toronto needed subways twenty years ago, not now. When Ford (and previously his brother) railed against LRTs and said we need more subways, they were right, and the people knew they were right, experts be damned. So if Premier Ford wants to do this to help him build transit in the city, the people are going to be behind him.
- The notwithstanding clause was specifically meant to be used in cases of judicial overreach, or an activist jury. And this is precisely what we have here. I mean, which judge uses the word "crickets" in his statement? His disdain for Ford showed through every word of his ruling. Like it or not, Ford as Premier has the right to overrule City Council any time. The cities are creatures of the province. Yes, the writ has dropped for municipal elections, but that doesn't mean anything. The judge specifically said this law limited candidate's freedom of expression - which doesn't even make sense. An appeal process would take far too long - hence comes the "nuclear hammer" or the notwithstanding clause.
- Ford was elected by Ontario. You can say that most people don't vote or complain about the FPTP system, but the fact is that this guy was elected with a majority mandate and he has the right to go ahead with his agenda. Four years later, he will be judged by the public on this. Using the courts to stall and delay what is not essential attacks on Charter rights is just a stalling tactic and the general public gets it, even if the elites at Toronto Star don't.
