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The court ruling agrees with the Province on many matters. Ontario has the authority, even to “pass a law that is wrong-headed, unfair or even ‘draconian.’” The remedy for bad laws is at “the ballot box, not judicial review.” There is no obligation for the province to consult with anyone. Our constitution does not guarantee us a municipal level of government, a vote at that level, let alone 47 counsellors.

The Justice adds that his ruling does not “constitutionalize a third level of government” not mentioned in our constitution — giving new status to municipalities. They only have the status that the province gave them though legislation, which can be rescinded or amended.

At the core of this ruling are two points. First, Bill 5 “breached the municipal candidate’s freedom of expression” and it “breached the municipal voter’s right to cast a vote that can result in effective representation.” One person, one vote and similar sized constituencies or Wards are just one issue, but there are others. Hence the judge’s use of the phrase “effective representation” not “equal” voting power or result.

Curtailing freedom of expression or effective representation sound bad and we don’t want either abridged in our democracy. But let’s parse the legal matters. Were municipal candidates prevented from speaking in any way, or speaking their minds on a particular issue? No. In fact, the Justice was referencing the candidates’ inability to interact within a known Ward boundary and with a definitive set of voters. That’s true. But candidates could express themselves via the campaign activities (web, pamphlets, speeches, door-to-door canvass) that the Justice cites were underway. It is correct that candidates were not entirely sure to whom they should speak and were not assured of a response. But neither an audience nor a response are guaranteed by our Charter. We can talk, but no one can compel us to listen. We free citizens can pass by the speaker on the soapbox, turn off the radio and TV, kick the candidate off the front porch, throw away political pamphlets, and use newspapers to wrap up fish and chips. That’s freedom too.