Rob Ford apologizes but will fight judge’s ruling

Toronto Mayor Rob Ford has apologized but will fight a judge’s decision to oust him from public office for violating conflict of interest rules.

“Looking back maybe I could have expressed myself in a different way,” Ford said in a prepared statement on Tuesday afternoon. “To everyone who believes I should have done this differently, I sincerely apologize.”

The mayor said the whole matter began because he loved to help underprivileged kids play football.

“I never believed there was a conflict of interest because I had nothing to gain and the city had nothing to lose,” he said.

On Monday, Justice Charles Hackland found Ford was “willfully blind” in taking part in a council vote on Feb. 7 that excused him from repaying $3,150 in donations to his private football foundation, which solicited money on city letterhead and used city staff time.

Ford said he respected the judge’s order but that he will appeal the decision.

His lawyer has filed a notice of appeal and a request for a stay of Hackland’s decision. The order for a stay will be heard on Dec. 5, and his appeal will go before a panel on Jan. 7, 2013.

If the stay is granted, Ford would remain as mayor until the appeal process is completed.

City solicitor briefs council

Earlier on Tuesday, the city solicitor told council that Ford is still the mayor for the time being and city council will have to wait on a course of action until a decision by a divisional court on his appeal is made.

“So the mayor is the mayor,” Anna Kinastowski said. “It’s business as usual.”

Kinastowski outlined what Hackland’s decision could mean for council during its regular monthly meeting. While she emphasized nothing had to be done today, she provided some scenarios for council.

If there’s no stay or if down the road the judge’s order is upheld, then council will be required to take certain actions. Council will have to decide within 60 days of an appeal decision whether to fill Ford’s vacancy either by appointment or byelection, she said.

If there’s no stay granted and no appeal, then councillors would have 74 days from the judge’s order for them to hold a special meeting and decide on a course of action.

Kinastowski also interpreted the judge’s comment that Ford is disqualified from holding office for the remainder of the current term to mean 2010-2013.

“If down the road there’s a byelection and Ford doesn’t agree with our interpretation he can take action to get judicial interpretation,” she said. “It’s all premature right now. So we have to wait to see what transpires.”

The solicitor said the three-member divisional court’s ruling on Ford’s appeal is final. The court can make any decision that Justice Hackland could have made, including sending the case back for a new trial, Kinastowski said.

“They can do whatever they like.”

The solicitor said the city isn’t involved in Ford’s appeal and isn’t paying for his legal costs.

Coun. Giorgio Mammoliti, who quit the mayor’s executive committee on Monday, signalled interest in putting forward a motion to prevent a byelection at council’s January meeting. The city solicitor told him that would be premature.

“You’d be doing it once the seat has been declared vacant,” she said.

Mammoliti, who resigned from the executive committee on Monday, said he supported the mayor stepping down to let an interim take over while the appeal process took place.

“I think it would be appropriate for him to not leave office, but step down for the time being,” he said.

Other council matters

Councillors had other city matters to deal with at their meeting, including committee appointments, which dominated debate for a good portion of Tuesday morning’s session.

After a lengthy debate council voted 32-8 to have the Toronto Zoo’s remaining three elephants transferred to the PAWS facility in northern California.

City council voted last fall to send the remaining elephants, Iringa, Toka and Thika, to California’s PAWS sanctuary after animal rights groups raised concerns about their welfare. But the move was delayed after concerns about infectious disease at the facility, as well as permits and flight arrangements.

The issue of plastic bags will be debated first thing Wednesday morning. Toronto city staffers have drafted a bylaw that prohibits retailers from distributing plastic shopping bags. If the bylaw is enacted, the ban will come into effect on Jan. 1, 2013. City staff have suggested that retailers be allowed to phase out their bag use and that fines should be withheld for the first six months.

Councillors amended the city ombudsman’s recent recommendations about how to better handle parking ticket disputes. Last Thursday, Fiona Crean, who made a presentation Tuesday afternoon, said that, on balance, drivers are getting reasonable service, but there are some flaws, such as information on tickets that downplays the option for a trial.

Councillors will also debate whether to allow retailers to open during Victoria Day between the hours of 10 a.m. and 6 p.m. Stores are required to be closed on nine statutory holidays in Ontario: New Year’s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving and Christmas.

The public works committee recommended that city staff and the TTC work together to develop and implement a streetcar and cyclist safety strategy. This study, which cycling advocacy group Cycle Toronto has called for, comes after a Toronto man, 41, died Aug. 6 after his bike wheel got caught in an abandoned track on Wychwood Avenue, near St. Clair Avenue West and Bathurst Street.

The motion on streetcar tracks and cyclist safety was held by Coun. Joe Mihevc.

There were a number of other councillor motions to be considered including:

• Coun. Cesar Palacio wants the city to request that the Canadian Nuclear Safety Commission review a uranium processing plant’s operations in the city’s west end. Davenport Village residents near 1025 Lansdowne Ave. were shocked to learn in recent weeks that GE-Hitachi processed uranium pellets at that location and have been doing so for more than 50 years.  The councillor also wants the nuclear agency to get the company to disclose its activities to Toronto Public Health and provide soil samples and air emission tests. Furthermore, Palacio wants the company to establish a five-year plan to discontinue its production of uranium pellets at the Lansdowne plant.
• Coun. Janet Davis wants city staff to explore with the Toronto District School Board and others the potential uses for two schools slated for closure. She wants the parties to consider such uses as child care, recreation and other community services for Victoria Park Elementary School and Parkside Elementary School.
• Coun. Adam Vaughan wants the city to call on the federal government to commit to a $2.5 billion a year investment after the mayors of Canada’s largest cities agreed earlier this month to match such a pledge to rebuild and improve their infrastructure over 20 years.

Other agenda items included a 9 per cent water rate hike — which was held by Coun. Gord Perks, and jobs at the Mr. Christie’s bakery plant, which will be considered Wednesday morning.

Click here for the agenda.

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Rob Ford’s statement:

Thank you very much. Unfortunately, that’s all I can say at this time.