The province enacted Bill 5, reducing Toronto wards from 47 to 25, mid-municipal election.
Applicants challenged its constitutionality.
The court found Bill 5 violated candidates' and voters' freedom of expression under s. 2(b) of the Charter, as it substantially interfered with campaign communication and denied effective representation due to increased ward sizes.
The violation was not justified under s. 1, as the legislative objectives (better decision-making, voter parity) were not pressing and substantial enough to warrant mid-election implementation, nor was minimal impairment demonstrated.
The impugned provisions were declared unconstitutional and set aside, requiring the election to proceed with 47 wards.
