Canadian Lawyer

March 2013

The most widely read magazine for Canadian lawyers

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Leiper is a saint. She endures incredible abuse from a handful of councillors and others, but largely, I think she���s held in huge respect by council and the profession. She���s doing a public service for everyone, and doing it superbly. CLAYTON RUBY in his praise: ���Leiper is a saint. She endures incredible abuse from a handful of councillors and others, but largely, I think she���s held in huge respect by council and the profession. She���s doing a public service for everyone, and doing it superbly.��� Leiper says much of her most satisfying work occurs out of the public glare. ���It���s like an iceberg. All that the public sees are the publicly reported complaints at the tip. But then so much other valuable and non-adversarial work goes on below the surface, in a confidential way that people don���t see unless they read the annual report,��� she says. Last year, her office handled 46 informal complaints, a roughly three-fold increase over the previous year. Those involve more minor conduct matters between councillors and complainants. ���I���ve been part of many meetings, and seen EXPERT GUIDANCE ON FEDERAL LABOUR AND EMPLOYMENT LAW THE 2013 ANNOTATED CANADA LABOUR CODE, 21ST EDITION RONALD M. SNYDER Stay up to date with legal developments applicable to Federal union and nonunion employees with The 2013 Annotated Canada Labour Code. You���ll gain a better understanding of the Canada Labour Code and jurisprudence with an extensive collection of case law annotations and the expert analysis of a leading lawyer to guide you. 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It���s kind of like a direct citizen engagement between elections in a way that���s far more satisfying than casting a vote, because you can deal with something that���s more personal to you,��� says Leiper. Another growth area for the office last year was in the realm of formal and informal advice. Leiper says city councillors are beginning to realize they can protect themselves by proactively seeking her counsel on a particular issue before a complaint comes in. To maximize interactions outside of the formal complaint process, Leiper says she also takes any opportunity she can to educate councillors and their staff on the responsibilities of her office. ���I really think for these positions to be valuable to everyone whom it impacts, you���ve got to be more than a cop. You can���t be a cop all the time, because that creates a different dynamic.��� While Toronto remains the only municipality mandated by provincial statute to have an integrity commissioner, a number of other cities ��� 29 in Ontario ��� have made voluntary moves into the area. Twice a year, all the integrity commissioners meet to discuss emerging issues. Still, Toronto stands out from the crowd. ���Toronto is the leader in controversy,��� says Robert Swayze, who acts as integrity commissioner for Mississauga, Ont., and five other municipalities. ���I call Janet quite often. She���s been really helpful to me.��� He says the small community of commissioners has been riveted by the situation in Toronto, and Ford���s court case highlights the need for a change in Ontario���s Municipal Conflict of Interest Act. He believes Leiper was right to find a breach of the code of conduct in her original report, but her office may have been unfairly tainted by the draconian nature of the punishment handed out by Hackland, before it was overturned. ���Ignorance is not a reason to unseat someone. I think it���s an intrusion into the democratic process. That wasn���t really the fault of the integrity commissioner, but the courts,��� says Swayze. ���It���s using a sledgehammer to crack a nut. You can either let the councillor off, or unseat him. There���s nothing in between in the act.��� Suzanne Craig left her own job with the City of Toronto in 2009 to take on integrity commissioner work on a part-time basis for Vaughan, Ont. She now does the job for a number of other municipalities and says she doesn���t envy Leiper, but looks to her for guidance. ���I���m in awe of her ability to remain apparently unfazed by much of the criticism she���s received

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