There are only two sovereign governments within Canada: the federal government and the various provincial governments. Yet, over this past year, we have seen various challenges by the third level of government to this authority. Do these municipalities have reasonable grounds to challenge the legitimacy of these sovereign powers and some of their decisions?
This past summer, the City of Burnaby lost a challenge, which sought to block Kinder Morgan building the Trans Mountain pipeline expansion project for failing to comply by its bylaws. This summer also saw the City of Toronto challenge the Ford government over its legislation to reduce the size of that council. In a recent ruling, the Superior Court ruled that Doug Ford could not legitimately do this, as it violated the Constitution, which has led to the Ford government looking to invoke the “notwithstanding clause,” Section 33 of the Charter of Rights and Freedoms.
Though there are two different rulings from the courts, one quashing a municipal challenge and another supporting one, it should raise questions as to why this is happening. Is the role of municipal government changing?
Municipal government has always been our most prominent contact with the ideal of governance in Canada. Whether it is roads, garbage collection, the sewers or, indirectly, our utilities, it is municipal government that is responsible for running these services, which bring order and stability to our lives. In fact, since 1993, we have seen municipal government take on more responsibilities, which are not necessarily under their mandate.
Such contact implies a growing understanding of the needs and wants of the people, in a form of popular sovereignty, which is the sovereignty held within us as individuals, as per the ideals of the Social Contract. In short, one can see groups of Canadians becoming uneasy with their federal and provincial governments, which have become disconnected with their concerns. Canadians, normally more deferential to government, may have found a limit to being ruled over by unaccountable, entitled politicians.
With a growing power and influence, municipalities are becoming politically important to Canadians as we can associate with them, though they, like us, are not legally sovereign, as per our Constitution. For them to have such sovereignty would create a political, along with a legal, nightmare for Canada, as there would be far too many jurisdictions within a province, let alone Canada. But to dismiss their importance would be political folly, too.
Should the growing political importance of municipal governments become formally recognized within the Constitution? Would this allow us, the citizen, to hold these governments more accountable, or is the current arrangement working to our satisfaction? As we evolve as a country, these are just some things to reflect upon.
John Kennair is an international consultant and doctor of laws who lives in St. Albert.
