Yasir Naqvi cautions successor over notwithstanding clause

Ontario's former attorney general is calling out his successor, arguing the provincial government made a major mistake by moving to invoke the notwithstanding clause to reduce the size of Toronto city council.

Yasir Naqvi, who was the Liberal MPP for Ottawa Centre for 11 years until he lost his seat in June, released an open letter to current Attorney General Caroline Mulroney on Tuesday, arguing she has a higher obligation in her role.

"As attorney general, you are required to overcome both political and policy considerations in order to uphold the constitution and the rule of law — that is your job above all else," he wrote.

Earlier this summer, Premier Doug Ford announced plans to reduce Toronto's council to 25 seats from 47.

A Superior Court justice ruled the move unconstitutional earlier this month, and in response the government passed new legislation invoking the notwithstanding clause that will allow for the changes to go ahead.

Ford has argued the move is necessary to make the changes before next month's election. He has said the smaller council will save taxpayer dollars and improve governance.

The government appealed the justice's decision and on Wednesday won a stay, meaning it will no longer need to invoke the notwithstanding clause to shrink Toronto city council.

'Not always popular'

Naqvi isn't alone in his criticism. Some law professors and several former premiers have also denounced the move.

The role of attorney general is to safeguard the rights and freedoms of people, Naqvi said.

"Each time [governments lose in court] it was incumbent that the attorney general provide the best legal analysis to their fellow cabinet ministers and premier," he wrote.

"I have had to do that, and trust me this legal advice was not always popular."

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Naqvi said he understands the government disagrees with the ruling, but said that isn't justification enough to invoke the notwithstanding clause.

"The use of the notwithstanding clause in such a cavalier manner is disturbing," he said.

Naqvi said he has spoken with other former attorneys general who all said they never recommended using the notwithstanding clause.

"Invoking the notwithstanding clause and undermining the legitimacy of the independent judiciary sets a very bad precedent that would weaken our democracy for years to come," he said.

He encouraged Mulroney to convince her colleagues to change course and said doing so would "cement your legacy as our attorney general."