By Adam Coombs
Doug Ford invoking the Notwithstanding Clause to slash the size of Toronto City Council generated fiery responses from both supporters and detractors. Regardless of where one stood on the issue, all commentators were quick to argue that their side was the one protecting democratic norms and practices while their opponents were undermining them.
Premier Ford made this point in the bluntest manner possible: “I was elected,” the Premier explained, “[Justice Edward Beloboba] was appointed.” He later told CTV news that using the Notwithstanding Clause was “about preserving the will of the people, [it] is about preserving democracy.”
Other Progressive Conservative (PC) supporters expanded on Ford’s argument. Political strategist Ginny Roth told CBC News that Ford “was explicitly elected to make change and I think a key part of his mandate is to do politics differently.”
Despite claiming that the Premier has a mandate for change, it is unclear how that mandate was conferred. His PC Party won 40% of the popular vote and with only 58% of eligible voters casting their ballot, only a little under a quarter of Ontario voters elected Ford.
Importantly though, under the First Past the Post (FPTP) system the popular vote is irrelevant in determining who holds power. What matters is which party leader can command the confidence of the legislature. Having won 76 seats compared to the combined 48 seats of the NDP, Liberals and Greens, the PC Party and Ford secured a strong majority at Queen’s Park.
Yet in justifying their actions Ontario conservatives appealed not to their dominant position in the provincial parliament, their actual legal position, but rather that they were granted a mandate to speak for the people of Ontario, which is a much more objectionable statement.
Making such arguments, however, is not new in Canadian politics. Rather, to understand the roots of this rhetorical strategy we have to go back to Liberal Prime Minister William Lyon Mackenzie King and his attacks on Conservative Prime Minister Sir Arthur Meighen in 1920-21.

Rt. Hon. W.L. Mackenzie King voting in the plebiscite on the introduction of conscription for overseas military service (Wikimedia Commons)
Prior to the 1921 Federal Election Campaign, which pitted Conservative Prime Minister Meighen against newly chosen Liberal Leader Mackenzie King, the idea of a democratic mandate was alien to Canadian politics. Continue reading