On Sept. 12, Nicholas Bala, a professor in the Faculty of Law, added his name to an open letter condemning Premier Doug Ford’s use of the Notwithstanding Clause.
Over the last two weeks, Ford has prompted outrage when he announced his plan to cut the Toronto city council from 47 councillors to 25—only weeks before a municipal election.
On Sept. 10, Superior Court Justice, Edward Belobaba, ruled the Ford government’s Bill 5 as unconstitutional.
Days later, the Premier invoked the Notwithstanding Clause of the Charter of Rights and Freedoms to supersede the court ruling that found his municipal council plans unconstitutional.
Bala, a long-time professor of law, told The Journal, “most Canadians would see [the Notwithstanding Clause] as an exceptional remedy, for example in situations where national security is at stake.”
One of 80 other professors to sign the letter addressed to Ontario Attorney General Caroline Mulroney, Bala stressed the rarity of using the Notwithstanding Clause.
The letter outlined the expectation that “the Attorney General of Ontario [will] value the role of the judiciary and the important check that the courts have on the impulses of the government.”
“We are gravely concerned about Premier Doug Ford’s proposed use of the Notwithstanding Clause to pass Bill 5 and are writing this letter to urge you not the support this unprecedented act,” the letter read.
“To use it is to set a very dangerous precedent that will threaten the future rights of all Canadians and jeopardize respect for the rule of law.”
The letter described the province’s actions as having “clearly crossed the line.”
Bala told The Journal of primary concern are comments Ford made to reporters earlier in September, when he said he “won’t be shy” to invoke the Notwithstanding Clause in the future.
“The issue was the comments and the attitude that the premier took to the rule of law—that was a concern to me. And the other signatories, as well as his comments about the future.”
— With files from Raechel Huizinga and Madison Bendall.
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