November 27, 2012

Out on a technicality

In what is possibly the biggest municipal story this year, Toronto mayor Rob Ford will be removed from office by December 14th–two weeks from now. Over a measly $3,150, which Ford himself referred to as “an insignificant sum”, the mayor of Canada’s largest city has been ordered out of office. Justice Charles Hackland issued the verdict: that Ford had contravened the City of Toronto Code of Conduct in using city resources (including letters sent using official letterheads) to raise money for his football foundation. Even though Ford refused to reimburse the money, as recommended by the Integrity Commissioner and City Council, this alone was not enough to topple him from office. The crux of the matter was that in any member of council faced with a violation of the Code of Conduct is disqualified from speaking or voting on the matter when it is discussed at council, since council has the right to levy a financial sanction. However, Ford voted on the issue at a February 7, 2012 council meeting. This puts him in contravention of the Municipal Conflict of Interest Act, for which the penalty is immediate removal from office. The judge declared that Ford’s seat is now vacant, but he suspended the operation of his declaration for 14 days to allow the city to make the necessary administrative changes. This leaves Ford 14 days to file an appeal, which he is certain to do (“Rob Ford’s appeal will be filed ‘in the next couple of days'”, Toronto Star, November 27, 2012).

While many feel that Ford “got what he deserved”, Rosie DiManno writes that it may have been better if Ford had lost in a re-election, rather than the courts (“Little to celebrate in way Ford got the boot”, Toronto Star, November 27, 2012). She feels that Ford’s supporters will reinforce efforts to have him re-elected. Adam Goldenberg agrees (“Rob Ford lost the batle, not the war”, Ottawa Citizen, November 26, 2012), saying that Ford won the mayoral race as an outsider, and the ruling makes him an outsider once more. It certainly puts Toronto into uncharted territory as a rush of candidates prepares to run for mayor in a by-election. But the mayor of the country’s largest city has a major impact: Justice Hackland wrote that such an influential mayor has first and foremost a responsibility to act with integrity; news of Ford’s removal from office trended on Twitter around the world on Monday. And it wasn’t the first time Ford’s opponents have resorted to the letter of the law in exposing the man’s errors: just a few short months ago, an emergency council vote was held following the issuance of a legal opinion on the matter of Ford’s cancellation of the Transit City plan.

As for Ford, as he put it,”This comes down to left-wing politics. The left wing wants me out of here and they’ll do anything in their power to.” We didn’t hear much about the “right wing” supporting him in his successful bid for mayor, and we rarely heard Ford describe himself as a right-wing politician. Rather, his campaign promise to “trim the fat from city hall” fell flat, and the fiscal conservative finds himself in the ironic position of being removed from office over a few thousand dollars. Adam Goldenberg of the Ottawa Citizen characterizes Justice Hackland’s decision as “a model of judicial modesty, which conservatives like Ford are supposed to love.”

Several writers have addressed the difficulties in governing Canada’s largest city; undoubtedly councillors face some major challenges in the weeks ahead (“Toronto councillors critical of Rob Ford’s defiance”, CBC News, November 27, 2012). In “What kind of mayor does Toronto need?” Toronto Star columnist Christopher Hume says that the city needs a mayor that understands transportation solutions, who can lead other Canadian cities towards more equitable fiscal arrangements for cities, who will celebrate the city’s diversity, and who will lead it towards planning for climate change. It needs a mayor who understands rules and is able to abide by them, but can unite people from polarizing viewpoints and make compromises.

“Toronto is a hugely complicated, even contradictory, organism, beyond the control of any one person or institution.” –Christopher Hume, Toronto Star, November 28, 2012

Ford will be absent while Toronto scrambles for a new mayor (“Rob Ford out: Mayor can’t run in by-election, city lawyer says”, Toronto Star, November 27, 2012), but nothing will stop him from running again in 2014.

Update: Ford appealed Hackland’s decision and won on January 25, 2013.

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