Taverner hearing won’t be fast-tracked, judge rules

Lawyer says deputy OPP chief fears reprisals for challenging Ford’s appointment of friend

An Ontario Divisional Court judge has ruled there’s no need for an expedited hearing to force the ombudsman to investigate the appointment of a close friend of Premier Doug Ford to head the OPP.

In a decision Monday, Justice Herman Wilton-Siegel found no rationale for speeding up things, though he wants the matter dealt with “in a timely manner,” likely in April or May.

Deputy Commissioner Brad Blair, who served as interim commissioner of the Ontario Provincial Police until going public with complaints about the Progressive Conservatives’ controver- sial hiring of Toronto police Supt. Ron Taverner, wants ombudsman Paul Dubé to review the matter.

In an interview with CP24’s Nathan Downer after Wilton-Siegel’s decision, Ford said the Taverner affair has been “blown out of proportion.”

“Nathan, if I wanted to, I could appoint you OPP commissioner. It’s a political appointment. Kathleen Wynne had a political appointment. Dalton McGuinty and the 14 other premiers prior to that,” the premier said.

“It’s unfortunate that one person has sour grapes … and reacting the way he’s been reacting, breaking the Police Act numerous times. Someone has to hold him accountable, I can assure you of that,” said Ford, who has previously accused Blair of breaching protocol without elaborating on specific transgressions.

Blair’s lawyer, Julian Falconer, told the court that “political interference in the running of the OPP” should worry all Ontarians. “There is a real fear that Premier Ford has crossed the line and that is no good for a democracy. The rule of law is all about us not being a police state and, frankly, there is no comfort in how things have developed lately,” said Falconer, lamenting “these shenanigans” surrounding the hiring.

“This is not a personal attack on Mr. Taverner,” he said of the longtime Ford friend.

“In the end, the stakes are very high,” the lawyer said, noting “Deputy Blair is concerned about reprisals” within the force for speaking out.

Outside court, Falconer, who said Blair is paying his own legal fees, declined to discuss what those reprisals were.

Wilton-Siegel stressed no evidence of any such recrimination was heard in court.

Blair filed an application to Divisional Court “to determine and enforce the jurisdiction” of hiring process on an “expedited” basis after Dubé declined to investigate, insisting it was beyond his jurisdiction. “The ombudsman has no standing whatsoever to keep someone from being appointed,” said Frank Cesario, the ombudsman’s lawyer, pointing out his client “simply has the power to make a report.”

Falconer countered that “there is some irony that I am debating with counsel for the ombudsman whether the ombudsman can be effective — it’s weird.”

Integrity commissioner J. David Wake is conducting a probe into the hiring after a complaint by New Democrat MPP Kevin Yarde (Brampton North).

Wake is examining whether the premier broke the Member’s Integrity Act in the appointment of Taverner, 72, whose Toronto police command includes Etobicoke.

Falconer argued that report would be ineffective because the legislature can ignore it.

Ford’s government hired Taverner as OPP commissioner on Nov. 29, triggering concerns about the independence of the force, which has investigated provincial governments in the past. The 51-year police veteran asked his appointment be postponed during the integrity commissioner’s review. Taverner has returned to his previous Toronto police duties in the meantime.

Interim Liberal leader John Fraser challenged Ford’s view on the process of hiring an OPP commissioner. “It’s not a political appointment. It’s one that’s generated through the public service and there should be no political interference — and no appearance of political interference — because that erodes people’s trust in police and politicians,” Fraser said Monday.

The premier is still fuming over Blair’s Dec. 11 letter to the ombudsman, where the OPP deputy alleged Ford’s chief of staff asked the force “to purchase a large camper-type vehicle … modified to specifications the premier’s office would provide us” and keep the $50,000 customization costs “off the books.”

Ford has called that “a baseless claim without merit.”

“That’s just not accurate whatsoever. I asked if they had a used one,” he said.

The premier has not said why he needed the van or why his office allegedly wanted to conceal any customizing costs. He is currently driven around in a police SUV.

Blair served as interim commissioner after the retirement of commissioner Vince Hawkes last fall. After sending his letter to Dubé he was replaced by Gary Couture.