The general rule of interpretation against retroactive and retrospective operation applies to section 33 of the Charter: section 33 has been interpreted by the Supreme Court as permitting prospective derogation only. If enacting legislation purports to give retrospective effect to an override of the Charter, the legislation is, to that extent, of no force or effect. (Ford, supra; Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927).
1) Council's 47 ward electoral model has been ruled legal, in force and effect by a court of law.
2) It has been held up on appeal.
3) Ford's Bill 5 has been ruled null and void.
4) Ford's invoking of Section 33 to retroactively quash a election already 'legally underway' will be challenged and most likely lose if SCC precedent is upheld.
5) Cue up the legal challenges.
6) Ford will be left to clean up his chaotic mess as most likely if a 25 ward election is held, the City of Toronto Council will most likely be illegitimate according to law.
1) Council's 47 ward electoral model has been ruled legal, in force and effect by a court of law.
2) It has been held up on appeal.
3) Ford's Bill 5 has been ruled null and void.
4) Ford's invoking of Section 33 to retroactively quash a election already 'legally underway' will be challenged and most likely lose if SCC precedent is upheld.
5) Cue up the legal challenges.
6) Ford will be left to clean up his chaotic mess as most likely if a 25 ward election is held, the City of Toronto Council will most likely be illegitimate according to law.