Toronto Mayor Rob Ford to learn fate in conflict appeal

Written By Unknown on Jumat, 25 Januari 2013 | 21.48

Toronto Mayor Rob Ford will learn this morning whether a Divisional Court will allow him to keep his job, or if the three-judge panel will uphold a decision to force him from office.

The decision from the court is due to be released at 10:30 a.m. ET

Ahead of Friday morning, Ford said he was looking forward to hearing the court's decision, whatever it may be.

"I believe in the judicial system and let's hope for the best," Ford told reporters at city hall on Thursday.

The path that led to Ford's possible ouster from office began in March of last year, when Toronto resident Paul Magder brought forward a complaint alleging that the mayor had violated the Municipal Conflict of Interest Act during a council vote.

Magder alleged the mayor had violated conflict-of-interest rules when participating in a February 2012 council vote on a matter in which he had a financial interest – a vote which ultimately absolved him of paying back $3,150 in funds that were donated to his private football foundation while Ford was still a councillor.

Controversy began when Ford was councillor

In 2010, the city's integrity commissioner had recommended in a report to council that Ford repay the funds, as they had been collected from lobbyist and corporate donors.

Council accepted the integrity commissioner's report, though Ford did not repay the funds as time passed.

Months after the report to council, Ford was elected mayor of Toronto. But the controversy surrounding the funds continued, with the integrity commissioner reporting to council in 2011 that Ford had not complied with her recommendations.

That led to an occasion in which a motion was moved to rescind council's original decision from two years before, which would mean that the mayor wouldn't have to reimburse the donors of the $3,150. Ford voted on this motion and spoke to a preceding motion that same day, both of which were part of Magder's contention that the mayor had violated conflict-of-interest rules.

That complaint led to a short trial in September, in which Ford admitted that he had never read the Municipal Conflict of Interest Act, or a handbook given to city councillors about their obligations regarding conflicts of interest.

In late November, Justice Charles T. Hackland of the Ontario Superior Court ordered that Ford should be removed from office, ruling that the mayor did violate the act by speaking and participating in the council vote.

But his ruling did not take effect immediately, as Hackland acknowledged that the decision would "necessitate administrative changes in the City of Toronto."

After Hackland's decision, Ford applied for and was granted a stay of the decision, which allowed him to remain in office while his appeal went ahead.

The Divisional Court heard his appeal during a hearing on Jan. 7, after which the judges indicated they would return a decision on the matter expeditiously.

Possible outcomes

The Divisional Court could uphold Hackland's decision, which would mean that Ford's seat would be declared vacant and he would be out of office.

But the court could also substitute its own decision, which could leave Ford in office, or it could order a new trial.

If Ford is forced out, city council will have to decide whether to hold a byelection, or appoint someone as mayor – including the mayor himself.

So far, there has not been a consensus among councillors about how to handle the scenario of Ford being ousted from office.

The mayor's brother, Doug Ford, has voiced support for a byelection, arguing that the public should decide. Other councillors, including TTC chair Karen Stintz, have also suggested that a byelection may be the best option.

However, Deputy Mayor Doug Holyday, has appealed for his fellow councillors to simply appoint Ford back to the job he was initially elected to do.

The multimillion-dollar cost of a byelection and the limited amount of time left in the mayor's remaining term would be two factors that councillors will take into consideration, if they are forced to deal with Ford's removal.

Toronto Mayor Rob Ford says he will run in any byelection.Toronto Mayor Rob Ford says he will run in any byelection. (Chris Young/Canadian Press)

At 43, Ford has been a member of city council for more than a decade, serving for years as an Etobicoke councillor in the city's west end.

He was elected mayor of Toronto in the October 2010 municipal election and was sworn in that December.

Since taking office as mayor, Ford has continued to coach a high-school football team at Don Bosco Catholic Secondary School, a commitment that has drawn controversy on several occasions this year.

This season, critics questioned how the mayor could focus on his work at city hall while spending hours each week coaching high school athletes. In some cases, Ford was absent from meetings at city hall because he was on the football field.

On one occasion in the fall, a TTC shelter bus was sent to pick up the players when a police officer grew concerned about the tension between the Don Bosco Eagles and a rival team. The Eagles made it all the way to the Metro Bowl, where they were defeated by a team from Newmarket, Ont.

Which of these outcomes do you think will happen?


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