InDusTRY spOTLIGHT
CONFLICTING
OPINIONS
with conflict of interest allegations hitting the
headlines, municipal in-house counsel are advised
to keep abreast of developments.
By Charlotte Santry
Toronto Mayor Rob Ford's
highly charged fight to save his seat has
thrust municipal conflict of interest issues
into the spotlight across Canada.
In light of that and other examples,
municipal in-house lawyers are advised
to acquaint themselves with conflicts of
interest legislation despite the fact they
serve municipalities, not individuals. Not
only can controversial conflicts of interest
cases have a significant impact on the
climate in which they operate, the publicity they generate is fuelling other developments, such as lobbyist registers, and in
some cases leading to an increase in
queries from council members seeking
informal advice on conflicts.
"Until the media got hold of the Ford
stuff in Ontario, I don't know if the risks
were fully understood," says Jamie Johnson, a lawyer in the City of Edmonton's
legal department and Canadian Bar
Association municipal law section chairman for Alberta. "It's led to more questions
being asked." Questions mainly relate to
members' pecuniary interests, an area that
has attracted lively debate thanks to
Magder v. Ford.
Ford's court battle was sparked when,
in May 2010 — two months after declaring he was running for mayor — he wrote
to lobbyists seeking donations to his
personal football foundation, using paper
printed with the City of Toronto letterhead. A member of the public complained
there was an "implied suggestion" that
donors would be served well should Ford
be elected as mayor.
Toronto's integrity commissioner Janet
Leiper found Ford had violated the city's
code of conduct and said he should
reimburse the lobbyists to the tune of
$3,150. Council adopted the recommendation, but Ford ignored six written
requests from Leiper for confirmation he
had repaid the money.
Leiper then asked council members to
give Ford a deadline by which to prove he
had paid back the lobbyists. When this
was brought to council, Ford didn't
declare a pecuniary interest, and debated
w w w. c a n a d i a n law y er m a g . c o m / i n h o u s e
june 2013
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