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Critics say Bill 9’s removal rules are too political, and judges should decide instead

“Instead of being enforcers, council members have become enablers of bad behaviour because of the politicized nature of the process,” said John Mascarin, a municipal law expert who has acted as an integrity commissioner in several Ontario cities.

Published Jul 29, 2025 at 4:45pm

Barbara Patrocinio
By
Barbara Patrocinio
Critics say Bill 9’s removal rules are too political, and judges should decide instead

PC MPP Rob Flack attends Question Period at Queen's Park in Toronto on Tuesday, May 13, 2025. THE CANADIAN PRESS/Cole Burston

Some advocates are calling for changes to the PCs' municipal misconduct bill to give judges the power to dismiss local councillors, rather than leaving it in the hands of politicians.

As it's currently written, Bill 9 would give municipal councils the power to dismiss members who violate the code of conduct. But that could only happen after an unanimous vote by council and recommendations from the local and provincial integrity commissioners.

But legal experts, municipal watchdogs and some politicians say there's a better way — let a judge decide. They say it would allow councillors access to a neutral, evidence-based process with clear legal standards, and a decision-maker with no political interest in the outcome.

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