Ice_Burn
Active Member
It could actually be more serious...Doesn't sound like much room for interpretation that he'll have to leave the position if he's found guilty (and he's admitted to this). However, not being able to run for 7 years is only a 'may', not a 'shall' and he'll probably be in the midst of his reelection campaign when the hammer drops.
How serious is this?
The letter of the law is bad news for Ford. If he's found guilty of having breached the MCIA, the penalties are pretty dire:
10. (1) Subject to subsection (2), where the judge determines that a member or a former member while he or she was a member has contravened subsection 5 (1), (2) or (3), the judge,
(a) shall, in the case of a member, declare the seat of the member vacant; and
(b) may disqualify the member or former member from being a member during a period thereafter of not more than seven years; and
(c) may, where the contravention has resulted in personal financial gain, require the member or former member to make restitution to the party suffering the loss, or, where such party is not readily ascertainable, to the municipality or local board of which he or she is a member or former member. R.S.O. 1990, c. M.50, s. 10 (1).
In case you don't read legalese, (a) says Rob Ford "shall", not may, be removed from office if he's found guilty of this, and (b) says he can be disqualified from running for office for up to seven years. ("Member" in this case refers to a member of a municipal council in Ontario.) So the potential penalties are very serious, indeed.
Ford has some potential defences, but his own speech on the floor of council, and his history of previously recusing himself when he knew he needed to, could make those defences very tricky. For example, the law says the judge could rule that Ford's vote was inadvertent, but the speech preceding it makes that unlikely.
And even if he eventually wins a court battle, it's going to take some time—meaning he'll probably be running for re-election while he's fighting a second court case about his political ethics.