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Rob Ford's Toronto

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I'm really interested to see how Ford gets out of this. It's too good to be true that this technicality will boot Ford from office and save Toronto from not having a Mayor and having to have City Council go around him for 2 more years. But the evidence is all there. The law has no wiggle room to show leniency in the sentence. If he's found guilty -- and he is -- then the only sentence is "removal from office". The only way around this is for the judge to find him not guilty, but doing so will raise cries of favouritism of the law for a politician.

This seems like an open and shut case. It shouldn't take more than a few days, to hear a verdict.

Now, should the Mayor vacate his seat, a new Mayor must be elected. I wonder how fast it would have to be put together. Do we not have a Mayor for a few months? Does the Deputy Mayor take over in the interim? Who would be prepared to run for Mayor on the turn of a dime like this? Shelley Carroll? Adam Vaughan? Karen Stintz? What about Ford's side? No doubt Doug Ford would step up to take his brother's job. Perhaps Giorgio Mammoliti would jump at the opportunity.

Then again, this all seems to be flying low under the radar in the media for what could potentially be an explosive outcome: Toronto's Mayor booted from office. Maybe the media know something we don't and this has an iceball's chance in hell of leading to Ford's expulsion. Lot's of questions. I can't wait for the trial.
 
TOareaFan said:
Not that I really care....but this strikes me as a bit of an opportunistic "gotcha" moment. Like someone(s) has been waiting for him to make a technical slip up. He raised a few thousand bucks, inappropriately, for a charity...is anyone suggesting that he got that money himself or he did something wrong with it.....then there was a vote in council that passed by 10 votes....and because he was one of those 10....someone sues him to remove him from office?

Set aside (if that is possible) personal opinions of Rob Ford....is that how we want any democratic insititution to be run? Is there not a city clerk that should have been, you know, watching the rules and, perhaps, saying "Mr. Ford, you need to abstain from this vote"? Is that not the person we should be really looking at with regards to continued employment?
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According to The Star version, with a link to the City memo, he was asked six times before they got fed up and went back to Council. So, a 'technical slip-up' this is not. His Fordness did not believe this law should apply to him.

MetroMan - my bet is the Right tries to parachute in Holyday w/o a vote and continue on. The Left will call for a snap vote, and will invite the Mayor to re-run, IMHO, if the judge allows him to stand. Whether that's a good or bad thing for them and him depends on how the retail politics cookie crumbles...
 
Our municipal law is pretty clear, an election must be called. That said, I wouldn't mind Holyday remaining our interim Mayor until 2014. While I don't generally agree with his policies and find that he's too small minded for a big city, at least he's clear headed, fair and best of all, an adult. He'll work with council and follow their lead instead of trying to ram through personal pet projects and opinions.

This passage of the Municipal Conflict of Interest Act is pretty damning for Ford:

(a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;
(b) shall not take part in the discussion of, or vote on any question in respect of the matter; and
(c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. R.S.O. 1990, c. M.50, s. 5 (1).
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He infringed on ALL THREE. Not only did he vote on the matter, he gave a speech to convince Council to let him off and had backroom conversations with several councillors on how to vote for this matter. Unless the judge is blind, Rob Ford is toast.
 
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From the City of Toronto Act it seems that any vacancy can be filled either by appointment or election.

Rules applying to filling vacancies

(3) The following rules apply to filling vacancies:

1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 207, the City shall,

i. appoint a person to fill the vacancy under subsection (1), or

ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1).

2. Despite paragraph 1, if a court declares an office to be vacant, the City shall act under subsection (1) within 60 days after the day the court makes its declaration.

3. Despite subsections (1) and (2), if a vacancy occurs within 90 days before voting day of a regular election, the City is not required to fill the vacancy. 2006, c. 11, Sched. A, s. 208 (3).

Term of office, vacancy

209. A person appointed or elected to fill a vacancy under section 208 holds office for the remainder of the term of the person he or she replaced. 2006, c. 11, Sched. A, s. 209.
 
Riverdale Rink Rat said:
According to The Star version, with a link to the City memo, he was asked six times before they got fed up and went back to Council. So, a 'technical slip-up' this is not. His Fordness did not believe this law should apply to him.
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I see what you did there. Ford is not charged with ignoring Council's order, but having voted later on whether to reverse that order. There was no subterfuge involved, and the risk of subterfuge is why the conflict of interest legislation exists. So this is indeed a technicality.

Maybe the best chance for Ford to be re-elected is if he is ousted, so that he can run as an outsider again. If the left wing of Council is smart, then if the judge ousts Ford, then the man Council appoints to replace him will be ... Rob Ford.
 
AlvinofDiaspar said:
k10:

I think there is a 5 year ban if convicted.

AoD
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Seven, but this is where the judge has discretion. If found guilty, Ford must vacate his seat. The judge may also ban him from seeking office for up to seven years. I doubt the judge would be that harsh considering the nature of the charge. Ford might actually get himself 2 years to campaign for 2014.
 
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I'm reviewing the positions of each side and I think that given Ford's decade long experience on Council and demonstrated knowledge of "conflict of interest", the judge will have no other option but to convict him which will lead to Ford vacating his chair and Mayor's position. However, this isn't a case where Ford premeditated to earn personal wealth at the cost of taxpayers and really is just a technicality. Because of this, the judge will not instate a ban on running for office again.

We'll probably have City Council vote to nominate Doug Holyday as interim Mayor and almost immediately see the 2014 campaign begin in earnest with Ford on the sidelines breaking campaign laws and potential opposing candidates entering campaign mode. If Council does call for a by-election and if the judge does not ban Ford from seeking office, he will be eligible to run.

Despite running again as an outsider, Ford's prospects for re-election are grim. When he ran in 2010, while we knew Ford from his 10 years on council, most of the city did not. Some people just need to play with fire and get burned before learning their lesson. During the election, I could find some Ford supporters amongst my acquaintances but these days all of them say that in retrospect, they wouldn't have voted for him. Add the increasing density in downtown votes, the perception of Ford having had an uninterrupted string of offences that eventually got him booted from office, the record of being in office and having had accomplished little or nothing, Conservative backers finding themselves with a Conservative elected but Liberal policies put in place, I think Ford has a steep uphill battle to get re-elected.
 
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