With the province facing off against the city in court for a second time on Tuesday over the size of city council, a decision from that hearing will determine the number of wards — at least for now.In the ongoing battle that has riled up hundreds of protesters, brought into question the city’s autonomy and now reached the Court of Appeal, the city is making this blunt argument about the province: “Its actions are not in the public interest.”On Tuesday, the province will argue in court for a “stay” of a Superior Court ruling. That ruling from Justice Edward Belobaba found the province’s original legislation, Bill 5, that cut the size of council to 25 wards, was unconstitutional. The Superior Court ruling effectively cancelled the switch to 25 wards. If granted, a stay would return a 25-election at least until the province’s appeal can be heard. How soon that appeal will be argued, is not clear. The province has not asked for that hearing to be expedited.It’s also unclear how quickly the court will make a decision on whether to grant a stay.Because the scheduled election is 35 days away and there is little time to print ballots and make other preparations, how a panel of judges rules on the province’s request for a stay will effectively decide what ward structure is to be used, the city and others are arguing.The city says the province has not met a legal test showing “irreparable harm” will come to the public interest if a stay is not granted, and is also questioning how the size of council could effect the province’s interests.“Not only did the province fail to establish any pressing and substantial objective, Bill 5 actually undermined a genuine pressing and substantial concern in a free and democratic society: preserving the integrity of the election process,” the city says in written materials filed with the court.Read more: Tories’ Toronto council bill clears hurd ...
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