Ontario’s law is far broader than the feds’ version and could be unconstitutional: experts
Both Prime Minister Mark Carney and Ontario Premier Doug Ford are responding to the economic threat posed by Donald Trump with new laws that grant their cabinet ministers the power to exempt projects from the normal rule of law, allowing them to be built faster.
But Ontario’s law, legal experts say, is far broader and lacks the guardrails built into its federal counterpart, and, because of that, could be unconstitutional. Paul Daly, an expert in administrative law and professor at the University of Ottawa, made that case in a recent article, arguing that, while the federal bill could be improved, it is “constitutionally permissible” and could, in his view, be beneficial if used well.
“I think the danger with the Ontario legislation is that in the absence of any guardrails in terms of substantive or procedural constraints, like the purposes for which the powers can be exercised, or steps that have to be taken before using the powers,” he told The Trillium. That, he argued, seems to be an unconstitutional “abdication” of the legislature’s power to cabinet.
For the rest of this article: https://www.thetrillium.ca/news/government-finance-and-the-economy/ford-and-carney-want-to-speed-up-major-project-approvals-with-one-key-difference-10825756