Ottawa Citizen

Ford’s power struggle

Mayor’s powers cut, further move planned Monday

- COLIN PERKEL AND ALLISON JONES

Council votes to strip embattled Toronto mayor of his powers.

TORONTO An unpreceden­ted showdown between scandalriv­en Mayor Rob Ford and city council could be destined for the courts after councillor­s voted Friday to neuter his powers, but the legal process could yet thwart their efforts.

Unable to oust him from office, council instead overwhelmi­ngly passed two motions — with a third to come Monday — that would all but reduce Ford’s role to ribbon cutting.

A much subdued Ford, in contrast to his previously combative style, said he was left with no choice but to turn to the courts.

“This is going to be precedent setting,” Ford said in a shaky voice during one of the debates. “If we move ahead with this, then obviously if someone else steps out of line like I have, this is going to affect councillor­s and the mayor for years to come.”

Ford’s lawyer said Friday that he had not yet received instructio­ns to start litigation. However, George Rust-D’Eye did offer some clarificat­ion as to the grounds on which the mayor could mount a court challenge.

Council could not act on “speculatio­n or irrelevant allegation­s” and its motions could be seen “as an attempt to punish (Ford) for alleged personal conduct, or as a symbolic statement of council’s intent to be doing something in response to it,” RustD’Eye said. “There is no evidence before the council suggesting that the mayor has failed to exercise or abused his powers, or been unwilling or unable to fulfil them.”

Unbowed councillor­s, who have expressed increasing distress at Ford’s follies, voted to strip Ford of his ability to appoint key committee chairs or to exercise emergency powers. The motions were immediatel­y adopted as bylaws.

“Councillor­s had their say today,” Ford told reporters. “Taxpayers are going to have their say on Oct. 27 (2014).”

The third motion, to be debated on Monday, would see his office and budget essentiall­y moved to the control of the deputy mayor.

John Mascarin, a municipal law expert, said Ford faces an uphill battle if the matter does end up in court, even if Rust-D’Eye has raised a few arguable points.

“Council clearly has the authority to do what it has done,” Mascarin said. “The city’s case is very clear.”

Any case to quash the bylaws — likely on the grounds council acted illegally or in bad faith — would be heard before Ontario Superior Court. Ford would also probably seek an injunction to put the bylaws on hold pending the outcome of the case, which could take many months.

Coun. John Filion said he was “extremely careful” with the wording of the motions, and said he was confident what council did was legal.

“Ironically, the mayor who had sort of divided everybody geographic­ally and ideologica­lly has now brought everybody together,” Filion said.

Ford has stubbornly refused to take a leave or resign since reports of a video surfaced in May showing him apparently smoking crack cocaine.

During a subsequent investigat­ion, former staffers told police of his guzzling alcohol while driving, lewd and bizarre behaviour and his consorting with suspected sex workers.

Ford’s grip on his position took another serious body blow on Thursday when he made a crude sexual comment on live TV.

He initially refused to apologize, then, as his wife, who seldom appears in public, stood uncomforta­bly nearby, said he was sorry.

The mayor’s frat-house vulgarity drew wide condemnati­on from councillor­s, who literally turned their backs when he spoke during Thursday’s various debates.

Councillor­s Friday condemned the crack-smoking, binge-drinking, foul-mouthed mayor for his behaviour.

Ford’s conduct, which has garnered attention around the world, has spoken volumes and his public support has largely turned away, especially over the last few days, Coun. Denzil Minnan-Wong said.

“We need to protect the staff and we need to take away his power for the good of the city,” Minnan-Wong said.

Ford’s criminal lawyer, Dennis Morris, said council’s actions against a “wounded” mayor were purely political.

“They’re usurping his powers. It’s like a palace coup,” Morris said, adding his client was working out and drinking protein shakes.

Ford has said he’s been receiving unspecifie­d support from a team of health-care profession­als.

Ontario Premier Kathleen Wynne said council would have to make it clear it could not function as a result of the Ford scandal before she would consider action.

Newspapers in English

Newspapers from Canada