OTTAWA — Conservative Leader Andrew Scheer says the Ontario government is well within its legal rights to use the Constitution's notwithstanding clause to cut the size of Toronto's city council but would not say whether he thinks it is a good move or whether he would ever use the clause himself.

Scheer and the Conservatives have been noticeably quiet on the matter since Ontario Premier Doug Ford on Monday took the unusual step to invoke the clause to allow him to go forward with his plan to cut the size of Toronto's city council in half. Ford's move came after an Ontario judge ruled it was unconstitutional to slash the number of city council seats in the middle of a municipal election without consultation because it interfered with the right to freedom of expression of candidates and voters.

On Wednesday Scheer scheduled a news conference in Ottawa to talk about an ethics breach by Liberal cabinet minister Dominic LeBlanc, but was peppered with questions about the constitution as well.

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Scheer would only say that the decision is ultimately in the hands of the Ontario provincial government and that is up to Ford to explain his decision.

The notwithstanding clause gives provincial legislatures and Parliament the ability to usher in legislation that overrides charter provisions, but only for a five-year period.

Scheer would not say whether he thinks Ford's decision this week was an appropriate use of the measure, saying it is up to the people of Ontario to make that call, not pundits, academics or politicians from other levels of government.

Prime Minister Justin Trudeau said Tuesday he was disappointed in Ford's decision but that he would not block Ford's move. Even so, it appears he would have few, if any, legal options to do anything to stop it.