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What we learned on day one of Rob Ford's trial

Posted by Chris Bateman / September 6, 2012

toronto mayor rob fordTestifying before a packed University Ave. courtroom yesterday, mayor Rob Ford told lawyer Clayton Ruby that he has never read crucial parts of the provincial conflict-of-interest legislation it's alleged he breached earlier this year. Revealing the basis of his defense, Ford repeatedly suggested he unwittingly broke the rules when he voted to overturn a decision by council that ordered he pay back $3,150 in lobbyist donations to his football foundation.

Ford will keep his job if the judge decides any breach of the rules was accidental - an angle the mayor seems to be playing up with persistent stonewalling and redefinition of the conflict-of-interest laws based on his own, apparently confused, ideas.

During a four-hour cross-examination, Ford told Ruby that he believes conflicts of interest only occur when the city and the councillor are both set to gain financially - something not reflected in the official wording. Ruby answered by detailing other times the mayor had correctly stepped aside to avoid a conflict.

Throughout the exchange, the mayor maintained he had never actually read the legislation in question - despite being handed briefing materials on four separate occasions - and said he waits for city legal staff to advise him of any conflicts before a vote, providing very similar statements to those he made in an earlier deposition.

In order to win the case, Ruby must to prove to the judge that Ford knowingly voted to save himself $3,150 or, as he put it yesterday, "whether it is an honest and good faith belief, or just a smoke screen for determined defiance of the integrity commissioner's continuing critical examination of [the mayor's] affairs."

Speaking about the foundation that helps schools start football programs, Ford restated his emotional commitment to community work and told the judge he gives out his business card - bearing the city logo and his title - when to everyone he meets, which he follows up with a request for a donation.

Ford's lawyer, Alan Lenczner, told Justice Hackland that the provincial conflict of interest laws don't apply in this case because the matter is related to a code of conduct matter - Ford's failure to refund donations - and not a city council matter.

The trial resumes later this morning and a decision by Justice Charles Hackland is expected at a later date.

Image: "Good Friday parade, Little Italy, Toronto" by BruceK in the blogTO Flickr pool.

Discussion

29 Comments

John B / September 6, 2012 at 08:43 am
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Thanks again 905'ers for putting "Tommy Boy" into office.
James / September 6, 2012 at 08:45 am
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Finally, a glimpse of hope that Ford may be out of office..Hope it's quick and we can all go back to reality. This has all been a bad dream...
alan / September 6, 2012 at 08:52 am
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i loved the movie and character tommy boy...this version only his mother could love...

EricM / September 6, 2012 at 09:08 am
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I honestly have no idea how this will turn out... but his defence seems to be, 'I'm stupid and never bothered to read the rules even though people warned me I was wrong.' That alone is a HUGE problem. I'm personally surprised he didn't bother to read up. He drives around the city all the time and that leaves ample opportunity to study behind the wheel. Arg... Every single week there is some totally preventable issue with this Mayor and his Clampett clan. Make it stop.
iSkyscraper / September 6, 2012 at 09:22 am
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The Ford supporters are whining and stamping their feet about this all being a vast left-wing conspiracy, that their poor defenceless mayor is being bullied by unions and liberal intellectuals... It's just those damn leftys sore about losing the election.

To which I say, do you really think, for one nanosecond, that this situation would exist if John Tory or another conservative had been elected mayor?

Of course not.

No, it's all about Ford and how grossly underqualified and underskilled he is for the role of big-city mayor and the damage he is doing to the city. This trial is a nice little summation of that fact.
left for right replying to a comment from iSkyscraper / September 6, 2012 at 09:31 am
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honestly I completely agree. I personally am pretty lefty and would gladly see John Tory as Mayor. That man is smart, competent and knows his shit.
foop replying to a comment from iSkyscraper / September 6, 2012 at 09:34 am
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Amen brother.

Left wing conspiracy my ass. Trial of an intractable fool for certain.
tnt / September 6, 2012 at 09:48 am
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Ok now there's something i just don't get...1)He didn't solicit funds for himself...2)he did it for his football foundation meant to keep kids off the streets after school... 3) maybe it was just the shots taken of the aforementioned football foundation's practices, but the majority of the kids seem to be black.... In light of incidents such as the Danzig shooting,not to mention the black on black crime that goes on nightly, you have community activists, elected city officials, and every bandwagon reporter saying that under extraordinary circumstances one must " find it within themselves to step outside the boundaries of protocal " in order to address the situation...isn't this what has happened here? Isn't this really a story about someone(ford) giving a shit and doing something about it? Now don't get me wrong, I'm by no means a Ford supporter...but Christ people, lets not all turn into Adam Vaughns or star reporter Royson James( who on the one hand calls for drastic measures to deal with the black youth crime epidemic, then on the other chastises Ford asking the question in today's column "what's so hard about integrity?"
tnt replying to a comment from left for right / September 6, 2012 at 09:50 am
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True he does...but will he actually do more than talk, like Miller..
Denise replying to a comment from iSkyscraper / September 6, 2012 at 09:50 am
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I also completely agree. I'm pretty left and would happily have John Tory as Mayor.
Nadine Lumley / September 6, 2012 at 09:59 am
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“Ford, Hudak and Harper: A trifecta cabal of republican-style, right wingers.”

Our Prime Minister Stealin’ HarperCon was behind Ford's appointment.

And Mike Harris as well was behind Ford's campaign. Rob Ford’s dad used to work for Mike Harris. With help from Guy Giorno, who happens to be Harper's recently departed Chief of Staff. Guy Giorno used to be chief of staff to former Ontario premier Mike Harris.

Are you starting to notice a neocon circle jerk going on here?

http://www.thestar.com/News/Canada/article/428557
Spike replying to a comment from left for right / September 6, 2012 at 10:30 am
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No, you DON'T and neither does anybody else. It's time for a progressive mayor of Toronto to make the city achieve true greatness, instead of neocons who are stuck in the past and have no idea of what the present or future is/can become.

@Nadine: Right on the money, girl! At least you and I can see what's really what, unlike a lot of people these days.
Jefferson / September 6, 2012 at 10:33 am
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Under the Municipal Conflict of Interest act, one cannot participate in a vote "where a member...has any pecuniary interest...in any matter..."

Nobody needs a court to establish Ford's ignorance, stubborness and peurility. He seems to take some perverse pride in demonstrating these qualities on a daily basis. However, ultimately the judge needs to decide whether Ford had any financial interest in this matter. The money in question came from donors and went to a football team. But the repayment would've come out of Ford's pocket. Is that enough to satisfy the "pecuniary" requirement?
steve replying to a comment from tnt / September 6, 2012 at 10:37 am
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DUH!! You do something unlawful you enter the justice system, very simple to understand. We are all equal when faced with charges of performing an unlawful act. The judge will decide what the proper recourse will be based on evidence presented.
There is no room in the justice system for tiers of justice. Regardless of the purpose or outcome of the act performed, if the result were due to an unlawful act, you face the justice system, regardless of whomever you happen to be.
tnt replying to a comment from steve / September 6, 2012 at 10:49 am
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Duh...right...like the guy in the news recently and defended his gf and her mother against and intruder with a criminal record...he must most definately face the law for using brute force and a weapon to insure the women's safety.... how dare him do something about the situation!! lock the f'r up!....you're right Vaughn...
average voter / September 6, 2012 at 11:05 am
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Poor guy, tries to help disadvantaged black kids and this is what he gets from the power starved socialists. tsk-tsk.

Dubs replying to a comment from tnt / September 6, 2012 at 11:29 am
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You've missed the point. Nobody is saying he shouldn't be raising money for a cause that everyone agrees is a good one. Its more about how you do it and even more specifically how you deal with the situation when you've been found to have broken the law. There are very basic rules to follow, not challenging or inhibiting rules, just basic things you have to do when you are in a position of power at the city and are asking people for money in an unrelated context. He broke that rule by asking people who are doing business with the city for money in a personal context. So just don't wear the Mayor or Councillor hat (letterhead) when asking people for money and you've got no problem. However the issue is that despite this relatively simple adjustment Ford decided to enter into the debate and vote on the outcome of a motion that directly affected him financially. THAT is the rule being debated in court. It could have been 5 cents or 5 million dollars, the money/cause is irrelevant.
Vast left-wing conspiracy replying to a comment from average voter / September 6, 2012 at 11:39 am
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The "poor guy" is a stubborn ass who stomps around as though the most basic of rules don't apply to him. I don't like mayor Ford, but figured we'd have to wait until 2014 to be rid of him.

I can't believe that through sheer stupidity and/or arrogance, he would inflict this type of damage on himself. He deserves everything he gets, and the only downside of him losing his job will be having to put up with 2 years of non-stop whining from "Ford Nation", his supporters at the Sun, Post and conservative talk radio. Very few of whom have been able to bring themselves to admit that the mayor is even slightly in the wrong here. Somehow I imagine they wouldn't be so forgiving had David Miller found himself in the same position.

Even co-mayor Dougie was on TV the other night complaining about the "left-wing socialists" plotting to bring down the mayor, refusing to acknowledge that this crisis was 100% self-inflicted.

Ford has got a long track record of very objectionable behaviour and questionable decision-making. It seems that after more than a decade, that they might finally catch up with him.
Mike / September 6, 2012 at 11:42 am
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I work with an American guy who's only here for a couple of months and this whole fiasco is fascinating him. He cannot believe that this is happening in a city like Toronto and I have no answer for him.

How can this man be the Mayor of Toronto? I wish no harm or ill will towards Rob Ford, but this man is so wholly unqualified for a political career, let alone the office which he currently holds.

This is a cut and dry issue and yet, he simply cannot comprehend it. Like he legitimately doesn't understand what's going on. I am baffled that this man is the mayor of the largest city in Canada and the fourth-largest in North America. I am baffled.
timetomoveoutoftoronto / September 6, 2012 at 11:53 am
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after reading what the judge has said this morning it would be safe to say ford has won. The judge as been letting ruby it example:

11:27 AM The judge asks a question: Would Ford still have been in conflict if the integrity commissioner hadn’t recommended any sanctions? Ruby says yes, because council could still potentially have imposed a financial penalty. There would have been potential for financial conflict.

11:22 AM Now Ruby is reading some case law in an attempt to bolster his argument that Ford could have been in conflict even though the improper donations went to his foundation, and not to him.

11:20 AM Now some back and forth between Ruby and the judge over whether Ford had sufficient financial interest for a conflict. The judge seems skeptical. “Subject to you convincing me otherwise, Mr. Ruby, I don’t think the mayor had a pecuniary interest in this foundation,” he says.

so i hope you like having ford as mayor some more, because he is not going anywhere.
Jacob replying to a comment from average voter / September 6, 2012 at 11:53 am
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Yup, as much as we see a bully who reeks of incompetence, that's exactly what the uninformed voter will see.

I loathe the "he's just an average guy, leave him alone" cloak that Ford wears.
average voter / September 6, 2012 at 11:59 am
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"How can this man be the Mayor of Toronto?"

Without the uncontrollable almost pathological need of TO's leftists to spend other people's money there would be no mayor Ford. We're reaping what they sowed.

handfed / September 6, 2012 at 01:18 pm
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I'm not a Ford supporter, but for him to be removed by this absurd court proceeding would be a travesty. He must be voted out of office in a fair election.
michael / September 6, 2012 at 01:30 pm
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Average voter--- False Ford won on Lies and T-shirt slogans that turned out to be untrue - Ford wasted so much money on consultants just to find out that there was NO Gravy Train and city Hall was not over spending - he is a Moron
steve replying to a comment from tnt / September 6, 2012 at 01:35 pm
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The fellow committed an unlawful act, he justifiably will be charged with assault, this puts him in the justice system. As the system is set up you are innocent until proven guilty. His case will be presented to a judge, the judge will weight his unlawful act referencing the written law, then make a decision. There is no extra tier of justice that says it is OK to commit a crime that you decided you feel it is ok to commit.
W. K. Lis / September 6, 2012 at 02:15 pm
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The mayor suggests he was unaware he breached provincial conflict-of-interest legislation. He was first elected city councillor in 2000, re-elected in 2003, re-elected in 2006, and elected mayor in 2010. Each time he was given a opportunity to attend an orientation meeting and receive his own copy of the handbook.

Was he also unaware of the contents of the driver's handbook to excuse his driving habits of talking on his cell phone and reading his speech?

(You can download a PDF copy of the 2010-2014 Council Handbook from http://www.toronto.ca/city_council/pdf/handbook_ext.pdf . It's 145 pages long. Does not include the Appendixes, Key Contacts and Index, which the hardcopy version would have. Do not read while driving.)
kook / September 6, 2012 at 02:18 pm
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he reminds me of the mayor from Wall-E.
Za-Moon-Da replying to a comment from tnt / September 6, 2012 at 04:21 pm
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I think you fail to see that despite his "good works" that the mayor still broke the law. He could airlifting starving third world children to the local Costco, it doesn't matter. If someone breaks the law, there are consequences. If the mayor of the biggest city in this country behaves like this and gets away with it, what sort of example does that set for smaller municipalities that don't have the resources to keep such corrupting behaviour in check.
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