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  • Is Toronto council within its rights to curb Ford’s power?

Is Toronto council within its rights to curb Ford’s power?

toronto city hall

On Monday, November 18, Toronto city council deliberated on whether or not to curtail Mayor Rob Ford’s powers.

Note: This post is about Toronto and Ontario. Dinning Lambert Jackson Law specializes in municipal law in British Columbia.

In a series of votes that started the previous week, Toronto council passed two motions to weaken Ford’s clout: one that revokes his ability to appoint a deputy mayor, executive committee and committee chairs, the second that removes his emergency powers.

On Monday, November 18, Council voted on to cut Ford’s office budget to a councillor’s level. A day later, Ford lost most of his senior staff to acting mayor Norm Kelly.

Is Toronto council within its rights to curb Ford’s power?

Ford has promised to mount a legal challenge against Toronto city council, calling the various votes to strip him of his powers as mayor as “undemocratic” and a “coup d’etat.”

As a first step, Rob Ford hired ‘dean’ of Ontario municipal law George Rust-D’Eye, 40-year veteran lawyer who specializes in municipal law (Ford has hired a different lawyer to deal with documents released by Toronto police).

According to Rust-D’Eye in an interview with the Toronto Star, Toronto council has the power to change bylaws, but it can’t infringe on the mayor’s statutory responsibilities. These statutory responsibilities are outlined by the City of Toronto Act, 2006.

Toronto council within its rights to curb Ford’s power, legal experts say

Commentators in the Globe and Mail have pointed out that Section 131 of the City of  Toronto Act says that “council must represent the public and consider the well-being and interests of the city.”

Toronto lawyer John Mascarin, quoted in the same Globe article notes, “The authority to appoint the executive committee was granted under the City of Toronto Act to council, which then gave the powers to the mayor. The council can repeal or revoke the authority.”

In the Toronto Star, Rust D’Eye countered that “Council has the power to change bylaws, he said. But it can’t infringe on the mayor’s statutory responsibilities.”

If the lawyer concludes there has been a breach of statutory responsibilities, they’ll consider next steps, which could include court.

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