'Doug Ford will do anything to cling to power': Premier invokes notwithstanding clause
The Ontario government will invoke the notwithstanding clause to restore changes to election finance law that a judge declared unconstitutional this week, a move critics quickly labelled as a power grab intended to sway next year's provincial election.
Government House Leader Paul Calandra said legislators would be recalled from their summer break on Thursday so the government can introduce legislation on the matter.
"In the coming days, the government will be using every tool in the toolbox to protect our democracy," he said.
A spokesman for Calandra confirmed the government would use the notwithstanding clause. The clause gives provincial legislatures or Parliament the ability to override certain portions of the charter for a five-year term.
Ontario Superior Court Justice Edward Morgan ruled on Tuesday that it was unnecessary to amend the Election Finances Act to extend the restricted pre-election spending period to 12 months. His ruling meant sections of the law involved in the court challenge were no longer in effect, with the next provincial election scheduled for June 2, 2022.
The government had doubled the restricted pre-election spending period to 12 months but kept the $600,000 limit on third-party political advertisement spending the same. Morgan wrote that the six-month period achieved the same aims and found that the government did not provide any justification for doubling it.
A group of unions had argued that the changes would restrict their free speech in the lead-up to the election, while the attorney general had argued that the changes were necessary to protect democratic elections from outside influence.
Calandra echoed that sentiment in a statement on the government's intentions on Wednesday. He said Morgan's ruling would allow "wealthy elites, corporations and special interest groups operating through American-style super PACs" to control Ontario elections.
But critics said the planned use of the notwithstanding clause by Doug Ford's government was undemocratic itself.
Michael Bryant, executive director of the Canadian Civil Liberties Association, which acted as an intervener in the case, said the move amounts to an abuse of power not seen under any previous Ontario government.
"Given the subject of the law, and its impact on the next provincial election, this is a cravenly self-interested abuse of this extraordinary power," Bryant said.
"Changing the election rules to favour an incumbent government is unconstitutional, and undemocratic."
Ford's government threatened to use the notwithstanding clause in 2018 over plans to cut the number Toronto city council seats but did not proceed because of how the court process on the matter unfolded.
Unions representing elementary, secondary and Catholic school teachers, which were involved in the court challenge, called the government's plan "an attack on democracy that should concern everyone."
"By invoking this rarely used clause to bolster their position, it is clear the Progressive Conservatives of Ontario are gravely concerned that their critics' voices will be heard, and that voters will be reminded of their repeated failures leading up to the June 2022 election," the group said in a joint statement.
Opposition leaders said they would fight against the government's measures.
NDP Leader Andrea Horwath said she was "shocked and disgusted" by the move, calling it a "desperate plan to override the rights of Ontarians" and silence Ford's critics while people in the province are still struggling through a pandemic.
She said her team would meet on Wednesday afternoon to come up with a strategy.
"We don't know what tools we might have, how long we might be able to keep up the fight, but we will fight for every minute of every day to try to prevent this from happening," Horwath said.
Liberal Leader Steven Del Duca accused Ford of attacking civil liberties.
"Doug Ford will do anything to cling to power. Invoking the Notwithstanding Clause to overturn a court decision to protect our freedom of expression is outrageous," he said in a statement. "Ontario Liberals won't stand for this assault on democracy and our courts."
Opposition leaders also criticized the government for recalling the legislature for such a purpose while the province is in mourning after four members of a Muslim family were killed Sunday in London, Ont.
"This is a misguided decision by the Premier and I ask him why now? Why is this your priority," Green party Leader Mike Schreiner said in a statement.
This report by The Canadian Press was first published June 9, 2021.
CTVNews.ca Top Stories
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
Sask. father found guilty of withholding daughter to prevent her from getting COVID-19 vaccine
Michael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
Shivering for health: The myths and truths of ice baths explained
In a climate of social media-endorsed wellness rituals, plunging into cold water has promised to aid muscle recovery, enhance mental health and support immune system function. But the evidence of such benefits sits on thin ice, according to researchers.
'It could be catastrophic': Woman says natural supplement contained hidden painkiller drug
A Manitoba woman thought she found a miracle natural supplement, but said a hidden ingredient wreaked havoc on her health.
Manitoba mom praises quick-thinking fire department for freeing daughter stuck in playground equipment
A Manitoba mother is praising firefighters for their quick work in helping her daughter who got stuck at a playground in Lorette, Man.
The Body Shop Canada explores sale as demand outpaces inventory: court filing
The Body Shop Canada is exploring a sale as it struggles to get its hands on enough inventory to keep up with "robust" sales after announcing it would file for creditor protection and close 33 stores.