Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Saturday, August 25, 2012

Mayor Rob Ford to face public Clayton Ruby cross-examination in conflict case

Mayor Rob Ford has been forced to testify in open court, and face cross-examination from prominent lawyer Clayton Ruby, in a high-stakes conflict of interest lawsuit that could push him out of office.

The lawsuit accuses Ford of breaking provincial law by voting in February on the issue of whether he should have to pay back a total of $3,150 to lobbyists, clients of lobbyists, and a corporation whose donations to his football foundation he improperly accepted.

Ottawa judge Charles Hackland’s Friday decision to make him take the stand means he will face an unusual public grilling from one of the country’s top legal minds.

“Mayor Rob Ford is proud of the work that he does with disadvantaged youth across the City of Toronto. The mayor is looking forward to his day in court. There will be no further comment as the matter is now before the court,” Ford’s office said in a statement.

The Municipal Conflict of Interest Act says members of council are to recuse themselves from the debate and the vote on any issue in which they have a financial interest.

The penalties are severe. If a member of council takes part in a debate or vote despite a conflict, the law says the judge “shall” force him out of office and “may” bar him from rejoining council for up to seven years.

Ruby, whose office revealed the judge’s decision, said in March that Ford could keep his job if he proves he broke the law inadvertently. He argued that Ford, a council veteran, knows the rules well.

Ford’s foundation helps high schools launch football teams by paying for equipment. Ford not only voted against being forced to return the donations but gave a speech in which he urged his colleagues to support him.

“To ask for me to pay it out of my own pocket, personally — there’s just no sense to this. The money’s gone. The money’s been spent on football equipment,” he said.

Council voted 22-12 to rescind a 2010 decision to force Ford to repay the money. Ford had ignored six requests from the integrity commissioner to confirm that he had complied with the earlier decision.

The lawsuit was filed by resident Paul Magder. Magder said in March that he was put in touch with Ruby by Adam Chaleff-Freudenthaler, a left-leaning activist whose challenge to Ford’s campaign financial practices forced an ongoing forensic audit. Magder worked on Chaleff-Freudenthaler’s 2010 school trustee campaign.

Original Article
Source: the star
Author: Daniel Dale

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