Abstract
As both governments and administrative bodies, municipalities are complicated legal entities under Canadian law. The result is a contradictory medley of legislation and case law that has tried to make sense of this dual role of cities. This complex characterization of municipalities was acutely felt in 2022, when the Province of Ontario introduced legislation that allowed some mayors to exercise power with a one-third vote of city council. I suggest that this legislation sought to frame municipal legal status more squarely to that of an administrative body rather than a government. This paper examines the backdrop to this legislative change, and options for municipalities and their citizens, including an action on the basis of the unwritten constitutional principle of democracy. I argue that municipalities must challenge these actions forcefully and directly by strongly asserting their status as democratic governments — not through the courts, but in their city council chambers.
Citation Information
Flynn, Alexandra.
"Un-Democratizing the City? Unwritten Constitutional Principles and Ontario’sStrong Mayor Powers."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
115.
(2024).
DOI: https://doi.org/10.60082/2563-8505.1447
https://digitalcommons.osgoode.yorku.ca/sclr/vol115/iss1/5
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