Law Times

Law timeS • September 10, 2012 Ford matter hears diverging views on conflicts of interest NEWS BY SHANNON KARI For Law Times T he judge deciding the po- litical been presented with sharply different interpretations of the law that must be applied in de- termining whether he should be removed from office. Justice Charles Hackland must Mayor Rob Ford has Superior Court fate of Toronto choose from arguments that por- tray the mayor as a reckless politi- cian who refuses to abide by rules he disagrees with or as a victim of a process that is trying to misuse the Municipal Conflict of Interest Act for political reasons. The case is about "protect- ing the integrity of the city," said Clayton Ruby, lead counsel for the applicant, Toronto resident Paul Magder (not the longtime furrier), as the hearing began on Sept. 5. Alan Lenczner, lead counsel football equipment for high school students in high-risk areas. Ford gave what he admit- whether to rescind the order to repay the donations. "I said it numerous times ted was a "passionate" speech about his foundation during the February council meet- ing. "The program does a phenomenal job. It saves kids' lives," Ford testified. The report by integrity there could only be a conflict if a matter relates to a city' commissioner Janet Leiper found Ford had breached the code of conduct for members of council because he used city letterhead, a city logo on the back of the envelope, and the services of his staff in 2009 and 2010 to solicit do- nations for his foundation. Leiper, a Toronto lawyer, or- dered Ford to repay money that had been donated by lob- byists or companies that had done business with the city. Ford didn't comply with an for Ford, warned against expand- ing the scope of the hearing. "This is about one event on one day in February 2012," he said. "We are not here to conduct an assess- ment of Mr. Ford' ing took place in Courtroom 6-1 at the 361 University Ave. court- house in Toronto, one that' The Superior Court proceed- s prior conduct." mally reserved for high-profile murder trials. Nearly all of the 165 seats in the public gallery were filled as Ford began his tes- timony. Six court security officers were present, a level of security normally reserved for street gang trials with multiple defendants. Adding to the unusual nature s nor- of the hearing, Ford was escort- ed in and out of the building by security, his chief of staff, and his older brother Doug Ford, who in football-like fashion led the way through a throng of media photographers during the lunch break as the politicians sprinted to a side entrance of city hall just metres away from the court- house. The application before Hack- land is seeking to remove Ford from office for allegedly violat- ing the conflict of interest pro- visions when he spoke to and voted on a city council motion in February. The act prohibits councillors from taking part in any discussion or voting on any matter in which they have a di- rect or indirect pecuniary inter- est. A finding that the act has been breached requires a judge to declare "the seat of the mem- ber vacant" unless the conduct was a result of inadvertence or an error in judgment. The council motion in Feb- ruary looked at whether to re- scind its previous decision in August 2010 that ordered Ford to comply with a recommenda- tion by the city' missioner to repay $3,150 she found he had improperly solic- ited for the Rob Ford Football Foundation while he was a city councillor. The private foun- dation raises money to pay for August 2010 council motion that endorsed Leiper' "To this day, I don't see why I s findings. Toronto Mayor Rob Ford, flanked by court security and chief of staff Mark Towhey, leaves the 361 University Ave. courthouse on Sept. 5. Photo: Shannon Kari would have to pay it personally," Ford testified. By his own count, Ford re- peated what he believed to be the definition of a conflict of in- terest more than 20 times dur- ing his court testimony. "How I define a conflict of interest is if it is financially beneficial to the city and financially beneficial to myself. I don't see how this ben- efits the city in any way, Ford in reference to his founda- tion. The mayor insisted he did nothing wrong in addressing council on the motion about " said had erred in recommending a financial penalty against Ford because while it' nancial interest. It would be a "denial of natural justice" if Ford weren't allowed to speak to council on a motion over which it was debating whether to order a financial penalty against him. "You have to have the right to speech," said Lenc- zner, who argued the conflict of interest provisions don't ap- ply when an issue relates to a code of conduct finding. As well, he suggested Leiper the code of conduct, it's not one s permitted in of the two sanctions permitted in the City of Toronto Act. LT A RESPECTFUL WORKPLACE STARTS HERE THE HUMAN RIGHTS COLLECTION This collection of six publications helps you address human rights issues quickly and confidently. Each guide offers expert advice and information on a key area of human rights – from creating an accessible workplace to complying with the Canadian Human Rights Act and the Ontario Human Rights Code. Get the practical guidance that will help you create a respectful workplace. TITLES AVAILABLE IN THE HUMAN RIGHTS COLLECTION ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT IMPLEMENTATION GUIDE: STANDARDS FOR CUSTOMER SERVICE ORDER # 983469-65203 $50 CANADIAN HUMAN RIGHTS ACT: QUICK REFERENCE – 2012 EDITION ORDER # 983681-65203 $72 ENFORCING HUMAN RIGHTS IN ONTARIO ORDER # 804485-65203 $107 HUMAN RIGHTS AT WORK, THIRD EDITION ORDER # 981698-65203 $50 HUMAN RIGHTS POLICY IN ONTARIO – 2011 EDITION ORDER # 983713-65203 $70 ONTARIO HUMAN RIGHTS CODE: QUICK REFERENCE – 2012 EDITION ORDER # 983682-65203 $72 Shipping and handling are extra. Prices subject to change without notice and subject to applicable taxes. Lenczner told the court s fi- " said Ford. and I will say it again. In my mind, it takes two parties to have a conflict. This was only one party, PAGE 3 AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 s integrity com- www.lawtimesnews.com

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