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The Court of Appeal for Ontario will announce Wednesday morning if it is staying a lower court judge’s decision that set aside a provincial law slashing the size of Toronto city council.

The decision, which will be released electronically at 10 a.m., comes after Associate Chief Justice Alexandra Hoy along with Justices Robert Sharpe and Gary Trotter heard submissions all day on Tuesday from lawyers representing the provincial government, the City of Toronto and several 2018 election candidates.

Superior Court Justice Edward Belobaba set aside Bill 5, the Better Local Government Act, in a ruling on Sept. 10. The law sought to cut the number of wards in Toronto to 25 from 47 in the Oct. 22 municipal election.

READ MORE: What comes after Toronto city hall fight? Holding ‘over 460’ Ontario towns accountable, Doug Ford says

Belobaba found the government interfered with the right to freedom of expression for both candidates and voters when the province passed the law last month. Belobaba found the reduction of wards in the middle of the Toronto election substantially interfered with municipal voters’ freedom of expression and the “right to cast a vote that can result in effective representation.”

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Hours after the ruling, Premier Doug Ford announced his government would appeal the decision in court.

Robin Basu, a lawyer for the Province of Ontario, told the court Tuesday morning that the Doug Ford government wouldn’t vote on Bill 31 (the Efficient Local Government Act), which invokes the notwithstanding clause for the first time in Ontario’s history, if the court would quash Belobaba’s decision.

READ MORE: Majority of Torontonians against Doug Ford’s use of notwithstanding clause, poll finds

Basu argued the 25-ward model proposed under both bill achieves voter parity in the 2018 election. However, the City of Toronto’s ward boundary review found creating wards with voter parity won’t be realized until the 2026 election. He argued a stay would allow City of Toronto staff to plan one election scenario versus two.

“There is only one path available to assure the (Toronto city) clerk that she is in a position to proceed with an election with integrity and fairness on Oct. 22,” Basu said.

“It is simply not feasible to prepare for two elections at the same time.” Tweet This

Howard Goldblatt, who is representing Toronto election candidate Chris Moise, argued before the three-judge panel that the Ontario government’s move to pass Bill 5 midway through the Toronto election nomination period affected candidates’ abilities to communicate with voters in an effective way, therefore affecting freedom of expression under the Canadian Charter of Rights and Freedoms.

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Lawyers for those opposing the stay argued the province has not presented any evidence to support its claims that allowing the judgment to stand would cause irreparable harm.

Rocco Achampong, who first challenged Bill 5 in August and is registered to run in the 47-ward model, told reporters after Tuesday’s proceedings that he was hopeful.

“They had no questions of us with respect to irreparable harm and the balance of convenience, which to me signals to us that we made our case,” he said.

“[The Ontario government doesn’t] have an evidentiary foundation to stand on and I’m persuaded we may be meritorious tomorrow.”

He said if Bill 31 is passed, he and other will explore filing an application after Royal Assent is received.

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If Belobaba’s decision is stayed, Bill 5 will come into force and Toronto will have 25 wards. However, that would affect several incumbents and candidates who didn’t register. The appeal would still work its way through the court, but it’s unclear what would happen if the existing election date remains — something the court was asked to look at on Tuesday.

Lily Cheng, who is registered as a council candidate under Toronto’s 47-ward model, said she hopes the process causes residents to be more involved.

“We just can’t take these things for granted. It’s emotional because for any candidate, we put a lot on the line,” she said.

READ MORE: Confusion and chaos plague municipal election in Toronto, candidates say

“It’s even harder when we continue to live in limbo. Even with Thursday (and) Bill 31 if goes through, there will be a court case against that — so there’s no end in sight.”

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The Ontario legislature held a rare overnight session on Monday to debate the bill. If passed, the law would reduce the number of council seats as proposed under Bill 5. Candidates would have two days after the bill receives royal assent to run under the 25-ward model.

Diane Dimmer, a lawyer for the City of Toronto, said the city clerk has stated she could carry out an election with 47 wards, and the preparation process for that is “much further along” than for a 25-ward model.

READ MORE: Toronto council votes to challenge law that would slash wards amid election day uncertainty

At Thursday’s council meeting, city clerk Ulli Watkiss said she has retained independent legal counsel to ask if she has the ability to delay the Oct. 22 election date.

“Every day that goes by creates greater uncertainty,” Watkiss said, adding it’s becoming “virtually impossible” to hold a fair and accessible election on Oct. 22.

“The faster we get certainty … the better off we will be.” Tweet This

Watkiss said city staff are working on contingency plans to accommodate a 25- or 47-ward model, including producing two sets of voter cards. However, they said voting locations are pretty much set regardless of the outcome.

With the changing deadlines, staff have had to reduce the number of advance voting days and won’t be able to hold an advance vote during Thanksgiving.

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Adding to the confusion for election candidates, city staff said candidates who aren’t registered to run under the 47-ward model cannot raise money or canvass.

— With files from The Canadian Press

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Hello from the Court of Appeal for Ontario. I am here for @globalnewsto as the province is set to make arguments for staying Justice Belobaba’s decision on Bill 5. BACKGROUND: Ontario appeal court to hear arguments on staying Toronto council cut ruling https://t.co/80duTWsGaP pic.twitter.com/Ypi8kysV5z — Nick Westoll (@NWestoll) September 18, 2018

Robin Basu, the lawyer for the province, is discussing election deadlines. If the stay isn’t granted, the clerk will need to keep planning for a 47-ward election while preparing contingency plans for a 25-ward race as Bill 31 makes its way through the legislature. — Nick Westoll (@NWestoll) September 18, 2018

Basu says Justice Belobaba delivered a “bottom-line” decision. He says the province’s lawyers were going to ask for a suspension to deal with outstanding issues, but they didn’t get a chance. The decision was immediate. He says the clerk stopped taking nominations as a result. — Nick Westoll (@NWestoll) September 18, 2018

Basu says assuming Bill 31 passes later this week, a lega challenge could create further uncertainty as it relates to the election. He says the court can’t assume it will pass. But if the court grants a stay, the clerk will have certainty (25-ward model would happen). — Nick Westoll (@NWestoll) September 18, 2018

Basu says another scenario would be an expedited appeal in two weeks. He says a two-week stay would make it difficult for the city clerk to carry out a fair election. — Nick Westoll (@NWestoll) September 18, 2018

He says there were approximately 3,000 pages of materials. One of the justices asks if all the details being presented are necessary. — Nick Westoll (@NWestoll) September 18, 2018

Basu notes the boundaries match areas represented by MPPs and MPs. He said some councillors represent 90,000 residents. He says voter parity under the current 44 wards is an issue. He notes 47 wards addresses parity in the 2026 election, not this one. — Nick Westoll (@NWestoll) September 18, 2018

Basu says an appeal hearing scenario would likely be after the Oct. 22 election but before the new term of office occurs. Associate Chief Justice Hoy asks about the constitutional arguments. — Nick Westoll (@NWestoll) September 18, 2018

Basu discusses case law and examples dealing with “free speech” versus “effective speech.” He says there’s no basis to order a 47-ward model to satisfy Charter issues. — Nick Westoll (@NWestoll) September 18, 2018

Basu says there are other scenarios that could address ratio issues such as having two councillors in each of the 25 wards, depending on the court ruling. He says that may not be supported by the government (most likely not since this was supposedly based on cutting councillors). — Nick Westoll (@NWestoll) September 18, 2018

Goldblatt responds to the potential decision scenarios. He says the creation of scenarios are “a new test.” He is going after the possibility of an expedited appeal, noting the potential of going to the Supreme Court of Canada — Nick Westoll (@NWestoll) September 18, 2018

Goldblatt says Toronto’s city clerk wants to hold a fair election. He cites a statement from Ulli Watkiss. He says she’s prepared to conduct an election under the 25- or 47-ward model. Goldblatt says if a stay is not granted, she and staff will continue preparing for 47 wards. — Nick Westoll (@NWestoll) September 18, 2018

Goldblatt references the Charter arguments and Justice Belobaba’s decision, specifically as it relates freedom of expression and candidates’ ability to effectively communicate with residents. — Nick Westoll (@NWestoll) September 18, 2018

Goldblatt says electors are in a confusing situation. He says the electora process has been “fundamentally altered.” He says it’s not disputed candidates can still run, but it comes down to expression and communication. — Nick Westoll (@NWestoll) September 18, 2018

Goldblatt says he wouldn’t have an issue if this happened at the beginning of the process. He asks about the reasons for making this changes. Goldblatt says dysfunction was raised, something he says Justice Belobaba rejected. He says voter parity wasn’t commented on previously. — Nick Westoll (@NWestoll) September 18, 2018

Goldblatt says the 47-ward system can proceed now since it is contitutional. He says it will honour the decision made during the City of Toronto’s ward boundary review process. Court is on lunch now. — Nick Westoll (@NWestoll) September 18, 2018

Diana Dimmer (City of Toronto’s lawyer) says the province hasn’t come forward with satisfactory evidence to back what it has done. “Why is that so hard?” She notes Bill 5 was first introduced six weeks ago. — Nick Westoll (@NWestoll) September 18, 2018

Dimmer asks what’s wrong with the province accepting the court ruling. She says the province is responsible for chaos (which chaos she says the govt. references). Dimmer says the court shouldn’t take into account the province’s statement Bill 31 will stop if the stay is granted. — Nick Westoll (@NWestoll) September 18, 2018

Dimmer highlights a section in the OMB ruling on the City’s ward boundary review and 47 wards. She says it was found 47 wards provides effective representation. Dimmer asks about the province’s statements Toronto council is dysfunctional. She asks where’s the evidence of that? — Nick Westoll (@NWestoll) September 18, 2018

Another lawyer is up saying the province has failed to provide sufficient evidence under a legal test saying a stay should be granted. — Nick Westoll (@NWestoll) September 18, 2018

Eady says the government needs to demonstrate through evidence why a stay should be granted. He said scenarios (referenced during Basu’s submission earlier today) aren’t evidence. He says granting a stay continues Charter violations cited by Justice Belobaba. — Nick Westoll (@NWestoll) September 18, 2018

Eady says the Ontario government doesn’t have a monopoly on the public interest. As it relates to the province’s submission that a vote on Bill 31 wouldn’t happen if a stay is granted, Eady says the premier could change his mind. “He has done that before.” — Nick Westoll (@NWestoll) September 18, 2018

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Pieters says if the court dismisses the province’s request for a stay, everything can flow as planned (47 wards). — Nick Westoll (@NWestoll) September 18, 2018

Basu says the province wants a 25-ward election. “The province is entitled to want that,” he says. Basu says the City of Toronto is a “creature” of the Ontario legislature. He says the province as moved as quickly as possible before the election “really and truly” got underway. — Nick Westoll (@NWestoll) September 18, 2018

Basu wraps up his rebuttal. Associate Chief Justice Hoy says she and Justices Sharpe and Trotter are taking a five-minute break to discuss next steps. — Nick Westoll (@NWestoll) September 18, 2018