City files legal challenge against province, believes strong mayor powers impede charter rights

CONNOR LUCZKA, Local Journalism Initiative Reporter

After numerous Stratford city councillors spoke out against the Province of Ontario’s strong mayor powers, council has followed through and filed a legal challenge against them.

Following council directive from its May 27, 2025 meeting, the City of Stratford and its solicitor have filed an application through the court, arguing the legislation “raises constitutional considerations, including that the strong mayor legislation is inconsistent with Section 3 of the Charter of Rights and Freedoms and the unwritten constitutional principles of the rule of law and democracy resulting in the removal of effective representation on city council,” according to a media release from the city.

Specifically, the city’s application seeks to have the strong mayor legislation be declared as having no force and effect. It argues the legislation undermines the ability for elected officials to have an equal voice and effectively participate, violating the right of effective representation for citizens.

While council publicly discussed potentially filing a motion last year, the decision to ultimately proceed with it was not publicized prior to the filing – a point of contention for Coun. Cody Sebben at the most recent council meeting on May 11.

"I do agree these powers are unnecessary in many ways, undemocratic,” Sebben said. “At the very least, should not be imposed on municipalities. However, I have two main points of concern regarding council's decision to begin litigation of choice against the Province of Ontario. One: the debate, discussion and decision took place by choice in closed meetings … by the same council which has seen members vote against hearing delegations and supported the idea of cutting time residents are committed to speak at meetings. Being heard in meetings, and indeed, hosting public meetings is more crucial to democracy than being rid of strong mayor powers, and should take precedent over costly litigation, which brings me to my second concern: cost.

“This is, no doubt, an important issue, not unlike other provincial legislation and shortcomings,” Sebben continued. “If members of this council believe it's important enough to take the province to court, there's nothing stopping individuals from doing so, privately (with) personal money, but shutting residents out of the conversation and then committing undetermined amounts of Stratford taxpayer dollars on unnecessary litigation ... Well, we know, and I've heard tonight, that our residents are truly struggling.”

"I think this was properly done in camera,” said Coun. Mark Hunter, who moved the initial motion to investigate last year and has been a vocal critic of the legislation. “... We were getting legal advice, and what we did was provide instructions to a solicitor. And there are good reasons for keeping it quiet, because it protects our financial interest as a city.”

Sebben clarified that he does not believe anything improper was done during the closed meeting and that it was legally allowed; however, would have preferred council to direct their solicitor in open session.

After a motion from Sebben, council agreed to publicize the cost of legal services during this challenge.

The strong mayor legislation was introduced by the province in 2022 and has since been expanded to municipalities across Ontario, including Stratford. The province has stated the legislation is intended to support shared provincial priorities, which are currently housing initiatives and housing-related infrastructure.

The powers allow heads of council to appoint a municipality’s chief administrative officer (CAO), hire certain municipal department heads and reorganize departments, create committees of council, propose a municipal budget, propose certain bylaws the mayor says advances a provincial priority, veto certain bylaws the mayor says could interfere with a provincial priority and bring forward matters for discussion by council if the mayor says they could advance a provincial priority.

Last year, when discussing the powers, councillors one by one called them undemocratic, upsetting, offensive, broken and scary, among other adjectives.

Hunter noted during past discussions the potential for suing the province regarding the powers, though weighed both the legal costs and the potential impact it would have on provincial support in other areas.

“I don’t want to give up on (Canadian values) just for a few bucks,” Hunter ultimately said at the April 28, 2025 meeting.

From the beginning, Ritsma has maintained the same position as he has now. He has not invoked any of the powers, save for putting forward the 2026 budget which council subsequently debated and passed.

"I've stated this openly many times that I strongly value that of relationship building and collaboration with council, with staff, with our public, with our residents, and to that end, there hasn't been an issue with regards to strong mayor powers used by myself,” Ritsma said at the most recent meeting. “Council and the CAO have not been impacted by strong mayor powers. They have retained the power and responsibilities that I believe is yours and that's how we've operated ... (the powers haven’t) impacted us in this council chamber, and I value that and continue to promote the idea of democracy through strong relationships and collaborations.”

The city will continue to publicize status updates on the application, as appropriate.

Costs associated with this work are being managed within the city’s approved operating budget, though as Sebben’s motion dictated, they will be shared with the wider public.