Law Times

PAGE 6 u EDITORIAL OBITER By Glenn Kauth Municipal conflicts of interest a growing issue W ith a slew of conflicts of interest declared in relation to its light-rail transit project, it' and federal levels, it seems logical to expect the same for municipalities. As Law Times reports on page 11 this week, potential and alleged conflicts of interest present a conundrum for all of those involved: the politicians who face fees for legal opinions, the citizen complainants who put their own time and money into launching proceedings, and the public that has to deal with either the fallout from a complaint or the implications for local decision-making when municipal officials take an overly conserva- tive approach and abstain from votes that they may otherwise have been able to participate in. At the same time, it' As there are offices to deal with conflicts of interest at the provincial conflict is aren't always clear and the rules on who pays the costs of legal opinions differ from municipality to municipality. So there' make proactive rulings on whether politicians are in a conflict of interest should they go ahead and vote on an issue. Under the current system, coun- cillors can get outside legal advice that they most likely can rely on either s certainly a valid argument for a provincewide office that would M has called for a provincewide commissioner to handle those issues at the municipal level. s no wonder Waterloo Region COMMENT June 25, 2012 • Law Times s a confusing legal area. The boundaries of what a at their own or the municipality's expense. Should someone later allege a conflict, the matter goes before a judge. But we only know whether or not someone was in a conflict if they don't declare one and someone then makes a complaint that goes to a judge. If they do declare one and abstain, we'll never know if they did the right thing or if they were simply being overly cautious. It's unclear, however, whether municipalities want a provicewide commissioner or how they'd deal with the costs. But given the recent discussions around conflicts, particularly in Mississauga, Ont., during its public inquiry last year, it' considering. s certainly an idea worth — Glenn Kauth Minority gov't can't deliver the tough actions we need bedmates Dalton McGuinty and Andrea Horwath in the legislature last week as the faux election threat went to the proverbial cliffh anger on the last day of sitting as the budget bill went to a vote, it was obvious the wheels have come off their relationship. Th e bill passed 52-35 with the NDP abstaining, but the mood was illustrative of what' arriage is a funny thing, as any family lawyer will tell you. Watching former political relationship disputes, is fairly simple. Th e Liberals thought they had a done deal to pass the budget with NDP support aſt er agreeing to put more money into welfare and educational programs and to slap a surtax on high-income earners. At the last minute, Horwath held the Th e crux of the issues, as in most s coming. premier to ransom by upping the ante and demanding the removal of schedules within the budget bill that opened the door to accelerated privatization of government agencies like ServiceOntario and changes to labour arbitration rules. Both issues are sacrosanct to the union-supported NDP. Th e last-minute stalemate prompted McGuinty to threaten he'd dissolve the house and call an election, a dismal prospect in the already baking heat of late spring as summer looms. In the end, they kissed and made up aſt er the Law Times Liberals backed down and said they' new legislation this fall when the house resumes from the summer break. "Th e NDP say that we're doing too much cutting. Th e Tories say that we're not doing enough. Th at tells me we've got it right in the middle, which is exactly where we need to be, d introduce the changes as house during debate prior to third reading. He did a good job of putting lipstick on the pig. But like a scorned spouse, Horwath " McGuinty said in the Ian Harvey couldn't resist getting a jab in: "Was it really so hard?" When McGuinty suggested history would judge her actions, she again shot back: "Th e premier seems to have forgotten over the last couple of days is that I don't work for the premier of Ontario; I work for the people of Ontario. over the riſt , she again snapped about how delivering results for the people is "going to require less posturing, less threatening, and more work. Is the premier prepared to do that?" It' Finally, as the premier tried to paper " Queen's Park Peter Shurman delighted in pointing out that as a lawyer, McGuinty should have known better. He won't be as trusting next time, but Horwath won't miss an opportunity to remind McGuinty he needs her support to keep his job. Th at doesn't bode well for the fall. Sitting and watching this for their decision to take the high road and refuse to play footsie with the premier. Forcing McGuinty and Horwath into each other' domestic dispute unfold, Tim Hudak and the Conservatives must be breaking their arms patting each other on the back key strategy to put Hudak and company in the pole position for the next election. Th e last poll I saw showed most voters would blame the Liberals and the NDP for forcing an election. Th e fact is that with another massive s arms may yet prove to be the housework. Th e fi rst sign a marriage is in trouble comes when trust breaks down. By not getting the original budget deal in writing, McGuinty trusted Horwath and was betrayed. Conservative MPP s like watching a couple arguing over defi cit this year and despite the platitudes that this budget is a step towards fi scal sanity, the gap remains and threatens to grow if the economy stalls as some predict. Th e only bullet the Liberals stand to dodge are higher interest rates with signals now that the Bank of Canada will hold the line on them through 2013. Strong medicine is in order and it' going to leave a bitter taste. Ironically, s Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 Tel: 416-298-5141 • Fax: 416-649-7870 • www.lawtimesnews.com Group Publisher . . . . . . . . . . . . . . . . . . . Karen Lorimer Editorial Director . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glenn Kauth Staff Writer . . . . . . . . . . . . . . . . . . . . . . . Kendyl Sebesta Staff Writer . . . . . . . . . . . . . . . . . . . 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Law Times disclaims any war- ranty as to the accuracy, completeness or cur- rency of the contents of this publication and disclaims all liability in respect of the results of Law Times is printed on newsprint containing 25-30 per cent post- consumer recycled materials. Please recycle this newspaper. any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 • 416-298-5141 clb.lteditor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $175.00 + HST per year in Canada (HST Reg. #R121351134) and $265.00 for foreign addresses. Single copies are $4.00 Circulation www.lawtimesnews.com this is almost the same position former premier Mike Harris and company found themselves in when they swept to power in 1995. Still, the unpleasantness lingers for many. Ontario needs unfettered leadership and a strategy to navigate out of this fi nancial morass. Hudak has worked hard to keep the ghosts of Harris' regime from looming over his policy platform and hasn't cited his federal counterparts' strategies as something he' at least in any loud sense, in order to avoid giving the other parties ammunition. But the majority mandate won by d like to adopt, the federal Conservatives shows that despite opposition and accusations of subverting democracy, actions speak louder than words. Ontario desperately needs a majority government with a similarly strong mandate to take unilateral action. Th e choice of party to attain that control varies according to our own political bias, but the minority government we have in place now clearly can't execute the tough actions required as it continues to navigate what' eff ectively a coalition arrangement and a marriage on the rocks. LT Ian Harvey has been a journalist for 35 years writing about a diverse range of issues including legal and political aff airs. His e-mail address is ianharvey@rogers.com. inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corpo- rate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Ellen Alstein at ............416-649-9926 or fax: 416-649-7870 ellen.alstein@thomsonreuters.com ADVERTISING Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Karen Lorimer ....................................416-649-9411 karen.lorimer@thomsonreuters.com Kimberlee Pascoe ..............................416-649-8875 kimberlee.pascoe@thomsonreuters.com Sandy Shutt ...... sandra.shutt@thomsonreuters.com s

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