Rob Ford's future as mayor of Toronto to be decided today

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Rob Ford's future as mayor of Toronto to be decided today

TORONTO -- It's a make-or-break day for Toronto Mayor Rob Ford.

A three-judge Divisional Court panel is set to release its decision this morning on Ford's challenge of a lower court ruling that ordered him removed from office for a conflict of interest.

Ford's lawyer had argued the mayor shouldn't be found guilty because he was an honest politician who made a genuine error in judgment.

His opponents told court that Ford had deliberately flouted conflict-of-interest rules by taking part in a council vote that he repay $3,150 raised for his private football foundation.

If the ruling stands, the city would be tossed into unchartered territory, leaving it up to council to appoint an acting mayor for the balance of Ford's term or call a byelection at an estimated cost of $7 million.

If he loses his appeal, Ford has said he would run in a byelection, if the city chooses to call one.
Ford has maintained he gained no financial benefit from fundraising for his private football foundation, and was only trying to help disadvantaged youth.

Lawyer John Mascarin said the conflict-of-interest law Ford was convicted of breaching makes it clear that the Divisional Court is the final avenue of appeal.

But he cautioned that an all-out try by Ford for a hearing before the country's top court isn't beyond the realm of possibility, though he said the odds are not good.

"It's theoretically possible but in the 40 years that the Municipal Conflict of Interest Act has been in place I've never seen a Divisional Court ruling appealed to the Supreme Court of Canada," said Mascarin.

"It would look like the ruling would be the end of the line for Mr. Ford," he said.

Ford said Thursday he has faith the Divisonal Court will keep him in office.

"I believe in the judicial system and I hope for the best," he told reporters.

Some councillors say letting the voters pick the mayor -- less than two years before the next scheduled municipal election -- is the best route for the city to take if the expulsion ruling is upheld.

"I hope and I think that most of my colleagues would start from the point that the fairest and the most principled thing to do is to hold a byelection," said Coun. Adam Vaughn, one of Ford's fiercest critics.
Mascarin suggested that the relative speed of the Divisional Court ruling -- arriving three weeks after the day-long appeal hearing -- could mean that the judges have reached a unanimous decision.

"I'd be surprised if there'd be a dissent because of how quickly it came out," he said.

Regardless of what the court rules, Marcarin said, the decision will serve as a sharp reminder to municipal politicians of their legal responsibility to keep personal matters far from the corridors of government.

"The long-term impact is that no one is above the law. You have to read the law. You have to understand what it says and you have to comply with it," Mascarin said.

Rob Ford's future as mayor of Toronto to be decided today | CTV Toronto News
 

petros

The Central Scrutinizer
Nov 21, 2008
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"The long-term impact is that no one is above the law. You have to read the law. You have to understand what it says and you have to comply with it," Mascarin said.


In Canada we're all good law abridging Citizens. Maybe he should have did some retail at a garage sale. That is where the good "funding raising" is at.

 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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If this is what the law decrees and is based on reasonable judgement, then congrats Rob.
 

DaSleeper

Trolling Hypocrites
May 27, 2007
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Northern Ontario,
He wins and keeps his job.
And now the rationalization has already begun at city hall....Can only imagine what the Toronto Star will have to say


If there was nothing there the Crown wouldn't have taken it up.

Or is this just a Spastics thing?
I see your tourettes is acting up again??
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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The Star actually has a really good article from a bunch of legals on the subject. I think this was a good experience to show that while the law itself should not be broken, the penalty for breaking the law needs to be revised.
...

“The Divisional Court has heard the appeal and has ruled that there was an error in law. It is not unusual for a court to be hesitant to apply the harsh strictures of the statute and to attempt to find a way to save a contravening member’s seat. That is what has happened in this case. The decision is based on the point that council had no jurisdiction to impose the penalty and that it was a nullity and that everything that flowed from that was a nullity. It will lead to uncertainty in the application of the law.”

John Mascarin is a partner with Aird & Berlis LLP in Toronto. He is a certified specialist in municipal law – local government and land use planning and development.

Rob Ford decision: What the experts think - thestar.com
 

damngrumpy

Executive Branch Member
Mar 16, 2005
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Just because that court made a ruling does not mean its the end of it. It can go to
a higher court. What would that prove? The truth is Ford is at best a dysfunctional
politician, by his own public actions a reasonable person might well come to that
conclusion.
I think everyone has made their point and should now move on, going to a higher
court could well prove the Civic Government in Toronto is as dysfunctional as Rob
Ford is.
The man is an embarrassment. Is he an honest politician? That could well be true
actually, he is just a public nuisance and no other crooked politicians would want to
conspire with him.
Everyone should put their energy into non electing him for lack of a better word.
 

Locutus

Adorable Deplorable
Jun 18, 2007
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Did Adam Vaughan's head explode today?


You just know that little wiener is seething inside with the 'Blackshirts' back in firm control. :lol:

It's almost time for his next apology letter anyway so he'll lose it soon enough.
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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If that weiner ran for office last time around we wouldn't be in this mess.