Challenges for Creatures of the Province
The relationship between municipalities and provinces is fascinating albeit frustrating at times. Constitutionally, municipal governments are “creatures of the provincial government,” meaning the province has full legal power over them. Municipal governments must abide by the statutes put in place by the province, which dictate what they must do and can limit their authority in many ways.
While the province has the constitutional right to intervene in municipal affairs, I sometimes wonder if doing so is just or fair to citizens living in those jurisdictions. Consider the Government of Ontario’s decision to cut the size of Toronto’s City Council in half during municipal election season. On the last day for candidates to register, Premier Ford introduced a bill that forced the city to decrease its ward boundaries from 47 to 25. The new boundaries would align with the provincial and federal ridings, which is not common for other municipalities. Premier Ford’s justification for this act was to save money and because the current council was dysfunctional (which is not based on substantiated claims). It is unusual for a province to change a city’s municipal boundaries, especially during the election season.
It is frustrating to consider the double standard that is applied when municipalities and provinces make the same sort of decision. For instance, when Hamilton and Kingston decided to redraw their municipal boundaries and citizens wanted to challenge the decision, it was taken to the Ontario Municipal Board. While there were many criticisms of this OMB, it did allow for public participation through public delegations. The OMB was also able to overturn the decision of the municipalities because they did not reflect the best interest of the voters. In both cases, they proposed boundaries split up communities of interests and also overrepresented some groups over others (ex. rural versus urban voters).
On the other hand, when Ontario decided to redraw the municipal boundaries of Toronto, the case was taken to the Superior Court of Justice. This court decided the province was unconstitutional in its decision, but then it was overturned by the Ontario Court of Appeals that decided that it was an appropriate use of power. There was no discussion of if it created a fair election for Toronto residents. In fact, the ruling states: “the question before this court is not whether the legislation is good or bad policy, was fair or unfair; the question is whether it violates the Charter or is otherwise unconstitutional.”
While I understand the differences in the legislation governing provincial and municipal decisions, it just seems unfair that municipalities are held accountable when attempting to meddle in how municipal elections run but the province is not.
The City of Toronto et al v. Ontario case will now be brought to the Supreme Court, where the idea of municipalities being mere creatures of the province will be challenged. It seems like the odds are not in favour of the City, but if it does go their way, the decision has the potential to drastically change municipal law. Such a decision may set a precedent that could give municipalities more power over their own governance. I am looking forward to see the Supreme Court’s ruling on the matter.
