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‘Giving one-third of the council the power to pass any law they want as long as they have the mayor’s support is minority rule. In no other democratic institution in Canada do we allow a minority of elected representatives to impose an agenda opposed by the majority of elected officials.
In the editor:
Ontario Premier Doug Ford is hitting the cities of Toronto and Ottawa with a wrecking ball that will destroy accountability and democracy.
The Ford government introduced Bill 39 as an attempt to break the gridlock often experienced by city councils in Toronto and Ottawa. The main reason Ford introduced the legislation was to prioritize the rapid approval and construction of new housing in some of Ontario’s densest communities.
The main feature of the bill is that it gives the mayors of Toronto and Ottawa so-called strong mayoral powers.
On the surface, the bill looks promising. Bill 39 would allow mayors in Toronto and Ottawa to have more control over appointments and establishing priorities for council. It would also allow mayors to have more control over the budget process. And, by allowing mayors to establish priorities and have more control over the council’s agenda, it could, in theory, help with the housing issue.
But that’s where the good parts of the bill end.
The most dangerous element of Bill 39 is that it allows the mayor to pass laws that only receive the support of one-third of the council.
In a democracy, allowing only a third of the council, if aligned with the mayor, to pass any law under the sun is extremely dangerous.
From Ford’s point of view, this bill also makes no sense. Currently, John Tory is the mayor of Toronto and Mark Sutcliffe is the mayor of Ottawa.
Both men appear to agree with parts of Ford’s agenda.
But, in theory, both mayors can also hold the province hostage. Imagine a scenario where an elected mayor and a small minority of councilors choose to pass policies that directly conflict with provincial priorities.
Not long ago, David Miller was mayor of Toronto. He pushed through some of the largest property tax increases in the province’s history.
If Miller only needs the support of one-third of the council to raise property taxes, the tax increase could increase. Instead of a 10 percent increase, homeowners could be looking at a 20 percent increase.
The need to get the support of a majority of councilors is a key mechanism in ensuring that extreme policies do not end up in bad legislation.
Ford says Bill 39 is democratic. According to the premier, mayors are duly elected by voters, so giving them more control over the agenda is not undemocratic.
Giving mayors more say in setting the agenda is a good thing. But there’s a reason we don’t elect municipal dictators. We elect councilors to help shape the agenda, allow for more diverse voices at the table, and ensure that every corner of the city is represented at city hall.
Giving one-third of the council the power to pass any law they want as long as they have the mayor’s support is minority rule. In no other democratic institution in Canada do we allow a minority of elected representatives to impose an agenda opposed by the majority of elected officials.
If he finds this new mayoral power system successful, Ford plans to extend these powers to municipalities across the province. Democracy in Toronto and Ottawa is not just at stake – Ontarians across the province have a stake in this fight.
Bill 39 needs a major rewrite. Today, mayors throughout the province do not have enough power and influence. Ford’s desire to give them a stronger voice makes sense. But allowing a third of the council the ability to hold the cities of Toronto or Ottawa hostage is a huge mistake.
Jay Goldberg
Ontario Director for the Canadian Taxpayers Federation.
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