THE ADVOCATE 817
VOL. 76 PART 6 NOVEMBER 2018
He became leader of the provincial conservatives with fewer votes on the
final ballot than his main challenger, but with a higher number of points
due to earlier rounds of voting. He hardly has a “mandate of the people” as
he claims. No. All Doug Ford has is bombast and a layman’s understanding
of the notwithstanding clause that is as useful as throwing a chocolate bar
in the air to gain a bit of undeserved attention.
One wonders whether Ford was also challenging the current prime minister
to exercise the disallowance power contained in s. 90 of the Constitution
Act, 1867. This section gives the federal cabinet the power to disallow
and reserve provincial legislation. Prime Minister Trudeau refused to be
drawn into the fray, presumably on the basis that those Ontario judges
appear to be doing exactly what they are appointed to do: weighing the relative
merits of the arguments of the parties before them in a fair and impartial
manner and rendering their decisions accordingly.
If the premier of Ontario cannot fathom that, then Scotty, beam us up.
There’s not much intelligent life here.
1. An early draft of this piece contained a misspelling
of the premier’s name as Dough Ford. We thought
about leaving it in place, but, as Falstaff suggested,
discretion is the better part of valour.
2. City of Toronto et al v Ontario (Attorney General),
2018 ONSC 5151.
3. SO 2018, c 11.
4. Toronto (City) v Ontario (Attorney General), 2018
5. Marie Henein, “Doug Ford, No Power Grab Is
Worth Undermining Canada’s Solid Foundation”,
The Globe and Mail (13 September 2018), online:
6. “Chretien, Romanow and McMurtry Attack Ford’s
Use of the Notwithstanding Clause”, Maclean’s (14
September 2018), online: <www.macleans.ca/