Ward lines could confuse

Thu, December 8, 2005

Until the issue is settled, early nominees might not know where to campaign.

By JONATHAN SHER, FREE PRESS CITY HALL REPORTER

London's fight against redrawing electoral wards could leave candidates unsure where to campaign, a legal expert says.

Though the usual rules set ward boundaries by the end of the year before one in which an election is held, at least one Ontario court has deviated from that practice.

A divisional court ruled nearly three months after a year-end deadline the City of Ottawa could use a new ward map for the 2003 civic election.

A lawyer who argued on behalf of Ottawa, Barnet Kussner, said yesterday it was unclear if a London judge would do the same.

"On the one hand, the situation is analogous to the Ottawa case . . . (but) at the same time, I think there's a difference," he said.

In Ottawa, city council, in the aftermath of amalgamation, sought changes in the wards, enacting a bylaw before the deadline that was challenged by some citizens.

The reverse is true in London where, this week, council voted to fight a decision by the Ontario Municipal Board that would produce dramatic changes to the city's electoral map.

Board member Douglas Gates told the city to scrap its seven two-councillor wards in favour of 14 single-councillor wards like those sought by a citizens' group, Imagine London.

It's difficult to predict how long it might take for the ward issue to be resolved, Kussner said.

If either the city or Imagine London requests the matter be expedited, a divisional court judge might decide by the end of January. Otherwise, a decision might not be forthcoming until April or May, he said.

In the meantime, potential candidates -- who can file nomination papers as early as January -- may be confused.

"They're going to wonder what ward to be running in," said Brett Stein, city manager of licensing and elections.

Though there may be confusion, candidates should know that if ward boundaries change mid-race, it's easy to amend the paperwork, Stein said.

Gates made his decision after four days of hearings, at which advocates for change argued the existing wards split communities such as downtown and Old East Village and stretched councillors over too wide an area.

"There is a pressing need for change . . . the existing ward structure has undermined city council's ability to connect with citizens," he wrote.

Gates criticized the city's response to citizens who, in 2003, voted to abolish board of control and reduce council's size.

By a 12-7 margin Monday, council voted to seek a review and rehearing by the OMB and to seek leave to appeal to court.

"(If we don't appeal), it says we're going to lay down, roll over and play dead," said Coun. Cheryl Miller.

"I support change, but that's not the right way to do it,"

A "stranger" shouldn't be allowed to "waltz into London" to impose new wards, Coun. Harold Usher said.

The decision to seek leave to appeal will prove costly, Coun. Bill Armstrong warned. "For us to appeal this decision would be nothing more than a fishing expedition at taxpayer's expense."