Mayor Rob Ford is eligible to run in a byelection after all.
In a 30-minute conference call held with lawyers on both sides of Ford’s conflict of interest case Friday morning, Justice Charles Hackland clarified his earlier ruling, making it clear that the mayor will be allowed to run in any future byelections and will not have to wait until 2014 as city solicitor Anna Kinastowski had suggested on Tuesday.
“It is good news for Torontonians to be able to weigh in politically,” said Coun. Joe Mihevc. “He (Ford) has his supporters and detractors and it is one thing for judiciary to weigh in, but it’s another thing to have the residents and citizens of Toronto weigh in. They want to have a choice in this matter.”
Hackland’s original ruling stated that he would not impose any further penalties on Ford “beyond the current term,” leading many to question whether he was referring to the mayor’s original mandate or a 14-day window after which the judgment will be formally imposed.
In a revised copy of that ruling released Friday, Hackland removes any reference to the current term.
“In view of the significant mitigating circumstances surrounding the respondent’s actions, as set out in paragraph 48 of these reasons, I decline to impose any further disqualification from holding office under s. 10(1)(b) of the MCIA," the revised document states.
For his part Ford has always maintained that he will run in a byelection if the ruling is not overturned on appeal.
However, the ultimate decision on whether to hold a byelection or appoint a caretaker mayor will be up to city council.
Under the City of Toronto Act, council could conceivably appoint any resident of the city as mayor with a simple majority vote.
“I actually think a byelection is kind of urgent at this point and I don’t think I am alone in these thoughts,” Coun. Shelley Carroll told reporters Friday afternoon. “I dare say that everyone who agrees with me in the political arena will be having some very serious discussions this weekend.”
“I am of the position that if a decision is made soon we should move towards a byelection, however if an appeal goes for many months it may be more appropriate to make an appointment,” Coun. Josh Matlow added. “We are going to have to make a decision based on the context of where we are at.”
In a written statement released Friday morning, the mayor’s office acknowledged Hackland’s revised ruling but declined further comment.
Clayton Ruby, who represented plaintiff Paul Magder in Ford's conflict-of-interest case, also told CP24 it would not be appropriate for him to comment.
Ford to ask for stay of order
On Wednesday, Ford is expected to ask a judge for a stay that would allow him to remain in office while his appeal is heard.
Meanwhile, some names are already being floated as potential replacements for Ford, including NDP MP Olivia Chow, former mayoral candidate Sara Thomson and city councillors Joe Mihevc, Adam Vaughan, Josh Matlow and Shelley Carroll.
Speaking with CP24 Friday, Mihevc refused to say whether he would consider running in a byelection.
“That’s a story for another day,” he said.
Carroll, meanwhile, said she would “absolutely” consider running while Matlow told reporters he wasn’t interested in the job.
Some oppose byelection
Though Rob Ford and several rumoured candidates appear to already be in campaign mode, not everyone at city hall is in favour of a byelelction, which will come with a $7 million price tag.
“I am one of those councillors that’s in the ‘I don’t want a $7 million byelection’ camp,” Coun Glenn De Baeremaeker told CP24 late Friday afternoon. “That’s a lot of taxpayer money to spend because someone was behaving inappropriately, so I am hoping we don’t go forward with that.”
Baeremaeker, who is part of council’s left-leaning faction, said that if a successor to Mayor Rob Ford is appointed he’ll advocate for a fiscal conservative such as Deputy Mayor Doug Holyday or Coun. Doug Ford since that was the will of the electorate.
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