Criminal Law Blog

Toronto Criminal Lawyer Edward Prutschi discusses Premier Doug Ford’s use of the notwithstanding clause. Prutschi explains that Ford invoking the notwithstanding clause can be traced back through years of the judicial system flexing their power over lawfully elected officials. While freedom of expression is important, how is that right impacted by the ability to run or vote for a smaller City Council? Citizens have a right to be represented, but that right does not extend to twice the number of elected officials. The judicial system provoked Doug Ford into evoking the notwithstanding clause by meddling and now the city of Toronto has to deal with the fall out in the midst of an election.

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About the author

I am one of the senior partners at Bytensky Shikhman, a criminal litigation firm in Toronto, Ontario, Canada. In my 25+ year career, I have conducted numerous trials and appeals before all levels of Court in Ontario, defending just about every type of charge in our criminal law. I am also an Adjunct Professor of Trial Advocacy at Osgoode Hall Law School and currently the Treasurer of the Criminal Lawyers' Association of Ontario. I am also an Adjunct Professor for Trial Advocacy at Osgoode Hall Law School, York University and a regular lecturer and placement supervisor for Osgoode's Intensive Programme in Criminal Law.

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