
 
 Chris Fox, CP24.com 
 
 
 
 
 
 The city’s clerk says that a “tipping point” has been reached and it is now “virtually impossible” to carry out a fair and democratic election on Oct. 22. 
 
 Ulli Watkiss made the comment during an emergency meeting of council that was held to discuss Premier Doug Ford’s use of the notwithstanding clause to override a judge’s ruling and slash the number of municipal wards from a planned 47 to 25. 
 
 The change was initially passed into law on Aug. 14 but it was struck down after a judge deemed it unconstitutional in a decision released on Monday. Hours later, Ford announced that he would use the notwithstanding clause to make a revised version of the bill immune to charter challenges, creating yet more uncertainty and disarray at city hall. 
 
 Council did direct the city's solicitor to challenge the province's latest bill in court during Thursday's meeting, though that is considered a longshot by legal experts. 
 
 “Every hour that goes by, every day that goes by creates greater uncertainty and raises in me a huge concern over the proper conduct of this election. I have to let council know that,” Watkiss said during Thursday’s meeting. 
 
 The provincial bill cutting the size of council is still in its first reading at Queen’s Park and the opposition has vowed to do whatever they can to delay its passage. 
 
 The bill will, however, become law at some point towards the end of September. 
 
 Speaking with reporters at Queen’s Park on Thursday, Municipal Affairs Minister Steve Clark said that he has “all the confidence in the world” that the election can be carried out as scheduled on Oct. 22 under the 25-ward format. 
 
 Watkiss, however, expressed doubts about whether a fair and democratic vote can be held on short notice, given the ongoing back-and-forth over the very format of the election. 
 
 With that in mind, she told members of council that she has obtained private counsel and will seek legal advice on whether she could push the date of the vote back if needed. 
 
 The current term of council expires at midnight on Nov. 30, meaning that an election would have to be completed in advance of that date. 
 
 “It is becoming very difficult to expect that voters and candidates can operate under these scenarios,” Watkiss said. 
 
 Clerk says advance polling must not be skipped 
 
 While the provincial bill reducing the size of council does permit the clerk to forgo advance voting, Watkiss said it is her belief that doing so would result in an election that is “not fair” and does not “meet the principals of the legislation” governing elections. 
 
 In addition to challenges around advance voting, Watkiss also said that her office is dealing with a number of difficulties resulting from the confusion over the election format. 
 
 She said that separate voter information cards have been printed on the basis of both a 25-ward election and a 47-ward election. City officials are supposed to send out voter information cards on Sept. 17, though it is unclear whether that will happen as scheduled. 
 
 “It is totally confusing,” Watkiss conceded. 
 
 Council asks lawyers to challenge bill in court 
 
 During today’s meeting members of city council voted 26-10 in favour of directing the city solicitor to challenge the provincial bill in court. 
 
 Council also voted 24-12 in favour of formally asking the federal government to use the power of disallowance to override the bill; something that Prime Minister Justin Trudeau has already indicated that he has no intention of doing. 
 
 The power of disallowance has not been used by the federal government since 1943. 
 
 “Everything that Canada stands for right now is under threat and we have to act and respond as if it is a declaration of war because that is exactly what it is,” Ward 27 Coun. Kristyn Wong Tam said during the debate. 
 
 “We are on the verge of being plunged into a situation where we could have an election here that is successfully legally challenged because it is just so messed up,” added Ward 23 Coun. John Filion. “The city clerk has been put in the impossible situation of being legally charged with running an election and doesn’t know whether it is possible to discharged her duties to the point where she needs outside legal advice on how to do that. It has gotten crazy.” 
 
 The vast majority of councillors at Thursday’s meeting were critical of Ford’s use of the notwithstanding clause, though Ward 39 Coun. Jim Karygiannis did get into a heated exchange with Wong-Tam in which he asked her “was the premier not duly elected and does he not have the right to use everything in his arsenal to bring forth his agenda? 
 
 Ward 7 Coun. Girogio Mammolit also expressed his support for Ford’s move by “boycotting” the meeting, which he called the “socialist romper room crybaby meeting” in a message posted to Twitter earlier this week. 
 
 Speaking at the close of Thursday’s meeting, Mayor John Tory called the use of the notwithstanding clause “not right” and said that in working together to stop it members of council have exhibited “the best of this chamber and its commitment to democracy.” 
 
 “We made it clear last month that we just think it is unacceptable that anyone would even think about changing the rules of an election in the middle of an election. That is not what happens in a fair and reasonable democracy,” he said. 
 
 In advance of today’s meeting, Federation of Canadian Municipalities Big City Mayors’Caucus Chair Don Iveson released a statement criticizing Ford’s use of the notwithstanding clause and offering the City of Toronto “full support” in their “efforts to protect local democracy.” 
 
 In the statement Iveson, who is also the mayor of Edmonton, suggested that the time may have come for a rethink of the legislation governing municipalities in Canada. ||||| Open this photo in gallery A crowd gathers outside City Hall during the Fight Back against Ford: Rally to Save our Democracy and Rights event in Toronto on Wednesday, Sept. 12, 2018. Tijana Martin/The Canadian Press 
 
 Ontario Premier Doug Ford is pushing through his plan to slash Toronto city council in half, safeguarding new legislation with the Constitution’s nothwithstanding clause and launching an appeal of the judgment that temporarily derailed the downsizing. 
 
 The moves were met by many protests on Wednesday, including a disruption by the Official Opposition that resulted in much of the NDP caucus being removed from the chamber before the vote on the new bill. 
 
 The new legislation, known as the Efficient Local Government Act, reintroduces a law approved over the summer that reduces Toronto’s council from 47 to 25 wards. The attachment of the “notwithstanding clause” marks the first time the Ontario government has used Section 33, which allows a government to override parts of the Charter of Rights and Freedoms for up to five years. That means the revised bill overrides Monday’s decision by Ontario Superior Court Justice Edward Belobaba, who decided the law would violate the rights of Ontarians to free expression and to elect effective representation. 
 
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 The government also appealed the decision Wednesday afternoon, marking yet another development in the battle between the province and its capital city. On Thursday, the city will be reconvening for an emergency meeting to figure out its next steps. 
 
 Related: Experts split over Ford’s use of notwithstanding clause 
 
 Opinion: Doug Ford’s use of notwithstanding clause exposes dangerous loophole in Constitution 
 
 Speaking on Wednesday during Question Period, the Premier defended the use of the notwithstanding clause by saying his government is protecting democracy and standing up to a politically appointed judge. 
 
 “This is about preserving the will of the people, this is about preserving democracy,” Mr. Ford said. Minutes earlier, protesters were cleared from the public gallery, some in handcuffs. The public was barred from the chamber for the rest of the day. 
 
 The new version of the bill cleared its first reading in a vote that followed party lines, despite groups asking government MPPs to break with Mr. Ford after the Premier promised a free vote on the issue. 
 
 The major difference between Bill 33 and its earlier incarnation was the introduction of the notwithstanding clause. Critics including former Ontario premier Bill Davis have condemned the move, saying the clause was not designed to deal with this kind of issue. 
 
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 In an interview with TVO, Mr. Davis – one of the provincial premiers who took part in the 1981 constitutional negotiations – said that the intended purpose of the notwithstanding clause was to allow a province to provide “a specific benefit or program provision for a part of their population – people of a certain age, for example – that might have seemed discriminatory under the Charter. 
 
 Mr. Ford defended his decision and told legislators that this issue is part of his party’s mandate to govern, and should be free of judicial interference. While the Premier’s Progressive Conservatives won a majority government on June 7, they did not mention reducing the size of Toronto council during the campaign. 
 
 “The will of the people will decide on this legislature in four years, not … one person, a politically appointed judge,” Mr. Ford said, in reference to Justice Belobaba. 
 
 New Democrat Leader Andrea Horwath accused the Premier of trampling on the rights of Ontarians to pursue a personal vendetta against Toronto. Mr. Ford served one term as a city councillor and ran unsuccessfully for mayor. 
 
 “His personal vendetta against his enemies at Toronto city hall is so important that he is compelled to recall this legislature to override the Charter of Rights and Freedoms in order to get that done. If it was so important to this Premier, why did he not mention it a single time during the election campaign?” Ms. Horwath asked. 
 
 Toronto city council was poised for a special meeting Thursday on its legal options ahead of the Oct. 22 municipal election, which Mayor John Tory has acknowledged are limited. 
 
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 “It’s a very difficult challenge in front of us,” Mr. Tory said Wednesday morning, adding that he objects to having the electoral changes “rammed down our throats.” 
 
 Mayoral challenger Jennifer Keesmaat issued a statement decrying Mr. Ford’s move: “Premier Ford’s suspension of our rights and freedoms to settle a political grudge is shameful.” 
 
 Late Wednesday afternoon, lawyers for the Attorney-General of Ontario filed their notice of appeal to challenge Justice Belobaba’s ruling. 
 
 Both sides are now expected before the Ontario Court of Appeal next Tuesday. The government is expected to ask for a stay that would suspend Justice Belobaba’s ruling pending the result of the appeal, arguing that failing to win the stay would cause “irreparable harm,” because the city clerk had stated that she was not confident she could manage changing back to a 47-ward election. 
 
 The province argues that Justice Belobaba wrongly concluded that the ward changes in mid-election violated the free-expression section of the Charter of Rights and Freedoms. The government says the judge wrongly concluded that the Charter guarantees municipal voters a right to “effective representation,” and that he overstepped by imposing a return to the city’s 47-ward system in his ruling. 
 
 Addressing confusion over the deadline for candidates to register for Toronto’s election, the government’s bill will allow nominations to remain open until two days after the bill becomes a law. The legislature is expected to approve the legislation in late September. 
 
 Downtown Councillor Joe Cressy was among a group of eight Toronto politicians who had refused to sign up under Mr. Ford’s 25-ward system, but were intending to ultimately register before this Friday’s deadline if efforts to fight it failed. 
 
 “The shame of all this is … nobody’s talking about the state of the city, housing, transit, affordability. All they are talking about is Doug Ford. … Toronto deserves so much better than that,” said Mr. Cressy. ||||| Doug Ford’s unprecedented overriding of Charter freedoms triggered mayhem in the legislature — with protesters handcuffed and turfed, and most New Democrat MPPs ejected for banging on their desks and shouting. The rookie premier’s move also prompted a smackdown from former premier Bill Davis. 
 
 NDP Leader Andrea Horwath prior to being ejected in the Ontario legislature as the NDP disrupt the introduction of Bill 5 in Toronto on September 12, 2018. ( Richard Lautens / Toronto Star ) Police escort a protester away in handcuffs from the public gallery at Queen’s Park Thursday as MPPs debate the Ford government’s plan to use the “notwithstanding” clause to slash the size of Toronto city council. ( Richard Lautens / Toronto Star ) 
 
 As MPPs returned to Queen’s Park Wednesday, the proceedings quickly descended into chaos with two protesters — one a woman in her 70s — handcuffed by security in the public viewing galleries. Despite the chaos, the legislation passed first reading later in the afternoon. Politicians were back almost two weeks ahead of schedule for an emergency session so Ford’s fledgling Progressive Conservative government could reintroduce legislation that an Ontario Superior Court justice ruled was unconstitutional. 
 
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 The Better Local Government Act, struck down Monday by Justice Edward Belobaba for violating the Charter of Rights and Freedoms, reduces the number of Toronto city councillors from 47 to 25. It was tabled again Wednesday afternoon as the Efficient Local Government Act and Ford, who never mentioned cutting council during the June 7 provincial election campaign, will use the Charter’s “notwithstanding” clause for the first time in Ontario history. That will ensure the bill can withstand any other Charter challenge. Although the New Democrats launched a raucous protest — as most of them were kicked out of the legislature, one by one, for banging on their desks — the legislation passed first reading 63-17. 
 
 No Tories broke ranks, with only the few remaining New Democrats, the Liberals, and the lone Green MPP voting against it. 
 
 Thanks to the Tories’ majority, it is expected to pass within two weeks. The deadline for candidates entering the Oct. 22 city election will be two days after it receives royal assent — so likely by Oct. 1. But there could be a political cost for the new government. Davis, a revered Tory titan and instrumental in the repatriation of the Constitution, jolted the debate by criticizing his party’s use of Section 33 of the Charter. 
 
 “The notwithstanding provision has, understandably, rarely been used, because of the primacy of the Charter of Rights and Freedoms for all Canadians,” Davis told TVO’s Steve Paikin. “That it might now be used regularly to assert the dominance of any government or elected politician over the rule of law or the legitimate jurisdiction of our courts of law was never anticipated or agreed to,” added Davis, who led the province from 1971 to 1985. 
 
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 An unknown woman is taken away in handcuffs on Sept. 12, 2018 ahead of the reintroduction of Premier Doug Ford's Bill 5, which will cut Toronto council to 25 seats from 47. The bill is expected to be passed when Ford invokes the Charter's "notwithstanding" clause. 
 
 The premier, who has been accused of acting unilaterally against Toronto council for partisan reasons, did not attempt to disguise his motives under questioning from NDP Leader Andrea Horwath. “The leader of the NDP is here to protect her crony buddies: Mike Layton, Joe Cressy, Gord Perks,” he said, referring to left-leaning Toronto councillors. Horwath shook her head and said Ford, who lost the 2014 mayoral race to John Tory, was “obsessed” with city council and “didn’t even have the guts to campaign” on the issue. When guards handcuffed and removed a woman, from the public gallery, a visibly disgusted former Liberal premier Kathleen Wynne, the MPP for Don Valley West, shouted: “Come on, really?” Some Tory ministers and MPPs could be seen squirming in their seats as Speaker Ted Arnott cleared the public galleries after people jeered at Ford. Horwath later told reporters “it was a shocking day — to watch grandmas and grandpas literally be led out of the gallery in handcuffs,” while also calling Ford “an out-of-control premier.” The NDP leader, herself ejected by Arnott when Municipal Affairs Minister Steve Clark tabled the bill, said Ford attacking city councillors during question period “just shows the pettiness of this premier … he’s not doing this for any other reason but for his own little, petty vendetta.” “Is that what leadership is all about? Is that what the people of this province from one end to the other want to see their premier do?” Attorney General Caroline Mulroney defended the decisions to appeal the ruling and invoke the notwithstanding clause. “We believe that the Better Local Government Act is constitutional. That is why our government is appealing the judge’s ruling and that we are seeking a stay in the decision,” Mulroney told reporters, adding the Constitution “makes it clear that the province has exclusive jurisdiction over municipalities, and Section 33 of the Charter confirms the paramountcy of the legislature.” 
 
 Protesters shouted from the public gallery at the Ontario legislature Wednesday, as Premier Doug Ford defended his plan to invoke the notwithstanding clause, a rare constitutional provision, to slash Toronto city council nearly in half. 
 
 Green Party Leader Mike Schreiner said he respects the public and NDP protests, blaming Ford for having “detonated a constitutional bomb, playing politics with people’s Charter rights. Such extraordinary actions will lead to extraordinary responses.” The province, which is also facing a legal challenge from Greenpeace Canada over its decision to end the cap-and-trade system, has now announced it will hold public consultations on the issue. Robert Benzie is the Star’s Queen’s Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie Kristin Rushowy is a Toronto-based reporter covering Ontario politics. Follow her on Twitter: @krushowy 
 
 Read more about: ||||| Image copyright Reuters Image caption Ontario Premier Doug Ford is facing criticism for using the notwithstanding clause 
 
 A Canadian premier's use of an obscure constitutional opt-out clause has prompted criticism from Amnesty International Canada. 
 
 The rights group called Ontario Premier Doug Ford's use of the clause to force through cuts to Toronto city council "contemptuous" and "disgraceful". 
 
 In July, the premier said he would slash the council by half, arguing it was bloated and inefficient. 
 
 But a legal challenge stopped his plan in its tracks. 
 
 What happened? 
 
 On Monday, an Ontario judge ruled that the law cutting the size of Toronto's council from 47 wards to 25 violates the right to free speech because it was introduced so close to the October municipal election. 
 
 In response, Mr Ford announced he would use the Constitution's "notwithstanding clause" to overrule a judge's decision. 
 
 Alex Neve, Secretary General of Amnesty International Canada, said in a statement: "No government in Canada should take the contemptuous step of disregard for the Charter of Rights that the notwithstanding clause offers them." 
 
 What is the notwithstanding clause? 
 
 The clause allows a government to have a law operate in spite of a right found in Canada's Charter of Rights and Freedoms. It is essentially an opt-out option that can be used for a five-year period. 
 
 It applies to section 2 and to section 7 to 15 of the Charter, which include the "fundamental freedoms" of religion, expression, and association; the right to life, liberty and security of the person; and freedom from discrimination. 
 
 Sections excluded from the clause include democratic rights and the guaranteed equality of men and women. 
 
 The clause has been used only a handful of times outside the province of Quebec. 
 
 What's the reaction been like? 
 
 The move by the right-leaning politician garnered fierce criticism from opponents who called it an undemocratic use of power, and sparked a debate even among conservatives and the legal community. 
 
 The judge's decision has also been described variously as flimsy, poorly reasoned, incoherent, and "looney tunes". 
 
 Supporters of Mr Ford's say his use of the clause is a justifiable response to what they see as judicial activism. 
 
 Canadian Prime Minister Justin Trudeau says he is "disappointed" with Mr Ford's decision but that the federal government will not get involved. 
 
 Image copyright Toronto Star via Getty Images Image caption Protesters rally against Premier Doug Ford's plan to cut the size of Toronto City Council 
 
 The fight over the cuts has thrown the upcoming municipal elections into disarray, creating uncertainty some five weeks before Torontonians go to the polls. 
 
 On Thursday, the city council held an emergency meeting on how to respond to the premier's decision to go ahead with the cuts. 
 
 City staff said they have printed two sets of voter cards - one for the eventuality of 47 wards, one for the 25 - which are scheduled to be mailed to voters soon. 
 
 "Every day that goes by creates greater uncertainty and raises in me a huge concerns over the proper conduct of this election," city clerk Ulli Watkiss told councillors. 
 
 Mr Ford says his government invoked the clause so Toronto's election could proceed on time while they appeal against the judge's ruling. 
 
 Who is Doug Ford? 
 
 Mr Ford is the brother of late Toronto mayor Rob Ford and the recently elected premier of Ontario, Canada's most populous province. 
 
 His Progressive Conservative Party won the June provincial election on a populist platform that included the promise to end government waste. 
 
 He previously served as a Toronto city councilor for a single term during his late brother's tumultuous tenure as mayor, which was marked by his admission to using crack cocaine while in office. 
 
 The premier says cutting city council would save taxpayers C$25m ($19m; £14.6m) and end "gridlock" at City Hall. 
 
 Others have accused the premier of a "petty vendetta" against the body he fought during Rob Ford's time as mayor. ||||| Toronto will go to the Supreme Court if necessary to fight Premier Doug Ford and his unprecedented use of the “notwithstanding” clause to cut the size of city council during an election campaign. Councillors voted 26-10 Thursday to instruct the city lawyer to exhaust all avenues to defeat the provincial legislation. The move came after city clerk Ulli Watkiss told council that uncertainty over whether there will be 25 or 47 wards has her at a “tipping point,” unsure if she can still organize a legal vote on Oct. 22. 
 
 City Council, meeting 47, September 13, 2018 - Part 1 of 2 
 
 Councillor Josh Matlow said they know it will be an “uphill battle” to overturn Ford’s legislation to impose 25 wards on Toronto, and his use of the “notwithstanding” clause to override a Superior Court ruling that the midelection cut is unconstitutional. In confidential advice to council viewed by the Star, city solicitor Wendy Walberg warned the politicians they have “limited options” to fight Ontario wielding the notwithstanding clause. “The odds are against us,” Matlow said after the emergency council meeting called in response to tabling of the new bill at Queen’s Park on Wednesday. “But when a premier like Doug Ford uses the notwithstanding clause to get his way, then we need to in principle challenge the decision ... even bringing it to the Supreme Court of Canada” if necessary. 
 
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 With support from other major Canadian cities, council is also calling on Prime Minister Justin Trudeau to use a long-dormant federal power to quash provincial legislation, even though Trudeau has said he has no plans to intervene in Toronto’s electoral crisis. Councillor Joe Mihevc argued Ottawa should use the “final trump card” against Ford, saying the federal government has “an obligation to act.” To prevent future provincial interventions, Toronto wants the federal government to allow it to develop a “city charter,” likely requiring a constitutional amendment, that would give cities authority over municipal elections, how council is structured, planning decisions and other local issues. “Never again should the premier of Ontario be able to act like a dictator,” Matlow said. Mayor John Tory supported the motions, saying, “I firmly believe you don’t make a bad law better by overriding the Charter of Rights and Freedoms.” Toronto will get legal support in court from other cities, the leaders of which are astonished and upset by the way Ontario is treating Toronto, Edmonton Mayor Don Iveson told the Star. 
 
 Toronto city clerk Ulli Watkiss takes questions Thursday from councillors during a special meeting to discuss what options they may have to fight against Premier Doug Ford's use of the ‘notwithstanding’ clause in cutting the number of municipal wards to 25 from 47. ( Steve Russell / Toronto Star ) 
 
 “There's a fundamental issue of democracy at stake here about local representation, its legitimacy and I think Canadians are rallying behind that,” said Iveson, chair of the “big city mayors’ caucus” of the Federation of Canadian Municipalities. A yet-to-be determined number of cities will seek intervener status to support Toronto in any court actions to fight the province, said Iveson, who is calling on Trudeau to call a summit of municipal, provincial and federal leaders to help make cities an “equal partner” without changing the constitution. 
 
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 Earlier Thursday, the city clerk said Ford’s unilateral move to cut council, announced in late July, and the ensuing court battle are creating havoc with her election preparations. Two sets of voter information cards are ready to be mailed, one set for each scenario, but many uncertainties remain, including who can legally campaign now and if there is enough time to hold advance voting for people who won’t be in Toronto on Oct. 22. “We have hit a tipping point and both (ward number) scenarios are becoming virtually impossible for us to carry out,” Watkiss told council, adding she has retained her own legal counsel to guide her actions because she has responsibilities under provincial legislation to conduct a legal election. Read more: 
 
 Candidates will get 2 more days to register for 25-ward municipal election Province appeals judge’s ruling on Toronto council cut One of the questions she will be asking her lawyer is whether she can push back the voting day, Watkiss said, adding she feels advance voting is necessary to make the election valid. Watkiss’s department has faced headache after headache since Ford, a former one-term Toronto councillor, moved to cut the number of wards from a planned 47 to 25 — matching provincial and federal riding boundaries — in an election that started May 1. The city, candidates and others challenged the resulting legislation in court and won with a judge deciding that the bill, which was launched after some people had been campaigning for months in the 47-ward system, was unconstitutional. The Ford government is fighting back with a new version of the bill that includes the notwithstanding clause, plus an appeal of the ruling and a bid to put on hold the judge’s order that a 47-ward election be held. At Queen’s Park, Municipal Affairs Minister Steve Clark says he has “all the confidence in the world that we’ll be able to have an Oct. 22 election.” “I want to make it very clear I’m very confident that we can work through the election issues with the clerk’s office,” Clark told reporters Thursday. “We’ve had open communications with them throughout this. Our government’s priorities are clear: we want an efficient and an effective 25-councillor government moving forward,” he said, insisting there is no plan for an alternative to Oct. 22 as election day. Attorney General Caroline Mulroney stressed the provincial government understands the urgency. “This is exactly why we’ve recalled the legislature to pass this new piece of legislation so we can ensure certainty about the rules,” she said. 
 
 In the confidential advice to councillors, Walberg outlined the city’s significant challenges. Although the Supreme Court has previously ruled the notwithstanding clause cannot be used in “retroactive or retrospective” manner, the advice reads, the facts surrounding Bill 31 are “significantly different” than those in that case. The solicitor noted that there are other legal arguments, that if successful, would not be covered by the notwithstanding clause, including that the legislation violates unwritten constitutional principles of democracy and the rule of law. In Superior Court, Justice Edward Belobaba did not accept that the legislation violated unwritten principles, but did not make a specific ruling on that basis. “It therefore remains open to the city to continue to argue in respect of Bill 31 or on any appeal brought by the province that the province ‘clearly crossed the line’ of these unwritten constitutional principles of democracy and the rule of law in enacting Bill 31,” the advice says. It notes, however, that those would be “novel issues” and would be argued without precedent in case law. Not all councillors are up for a fight with their former colleague Ford. Councillor Jim Karygiannis told reporters at the lunch break that the 25-ward election should proceed. “I think this is a job-preservation exercise of some councillors because they know they won’t be able to get re-elected,” in a 25-ward race that will pit incumbents against incumbents, said Karygiannis who would run against veteran councillor Norm Kelly if the smaller council model prevails. “Let’s get it over and done with. We know that (Ford) is going to invoke the (notwithstanding) clause. What is the problem here? Let’s move on.” Councillors opposed to the city lawyer exhausting all legal avenues were John Campbell, Justin Di Ciano, Frank Di Giorgio, Michael Ford, Stephen Holyday, Jim Karygiannis, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata and Cesar Palacio. Councillors absent were Jon Burnside, Josh Colle, Vincent Crisanti, Michelle Holland, Norm Kelly, Giorgio Mammoliti, James Pasternak, David Shiner and Michael Thompson. With files from Jennifer Pagliaro and Robert Benzie David Rider is the Star's City Hall bureau chief and a reporter covering Toronto politics. Follow him on Twitter: @dmrider 
 
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– Looks like Toronto's municipal battle is heading back to court. With Ontario Premier Doug Ford imposing the all-powerful "notwithstanding" clause to slash the city council in half, councilors voted 26-10 Thursday to fight back by all legal means, the Toronto Star reports. The decision came after Toronto's city clerk said the city had reached a "tipping point" in which it was "virtually impossible" to have a fair election by Oct. 22: "Every hour that goes by, every day that goes by creates greater uncertainty and raises in me a huge concern over the proper conduct of this election," she said at the emergency Thursday meeting, per CP24. Meanwhile, the provincial bill to cut Toronto's council passed its first reading this week amid protests and arrests at Queen's Park, per the Star. At issue is Ford's use of the "notwithstanding" clause to override a court ruling against his proposed council cut; the judge deemed it a violation of free speech because it was enacted right before the municipal election. As the BBC explains, the clause allows Ontario to override "fundamental freedoms" of association, expression, and religion, and deny people the right to life, liberty, and personal security. Critics say that Ford—dubbed "Canada's Donald Trump" for his aggressive political conservatism—is misusing a clause intended only for emergencies, per the Globe & Mail. Others accuse Ford of gerrymandering the council to be more conservative, per PressProgress. Ford maintains that his election victory gives him the mandate to reduce Toronto's council by any possible means. Both sides are expected before an appeals court on Tuesday.