Toronto Star

Councillor not clear of campaign scrutiny

Karygianni­s’s job saved after judge overruled expulsion provision in provincial law

- DAVID RIDER CITY HALL BUREAU CHIEF

Ejected from Toronto City Hall over campaign finances and then parachuted back into office by a sympatheti­c judge, Coun. Jim Karygianni­s got a warm welcome at Tuesday’s council meeting.

“I want to thank everyone who supported my family, my staff, my constituen­ts — I received hundreds of emails, numerous calls,” said the Ward 22 Scarboroug­h-Agincourt councillor, who was stripped of his duties, and his name taken off his city hall office, by the city clerk Nov. 6.

“I’m just happy to be back. Looking forward to continuing my work,” he told reporters less than 24 hours after a judge agreed changes made to his 2018 campaign financial statements were done “inadverten­tly” and called part of a provincial law triggering his automatic ejection an “apparent absurdity.”

Karygianni­s is not, however, clear of questions about a $27,000 post-election dinner and other campaign spending.

Adam Chaleff, the Torontonia­n who triggered a city review of Karygianni­s’s spending, said he is “disappoint­ed” with the ruling and is considerin­g a possible legal challenge to the ruling.

Karygianni­s also faces a compliance audit of his spending before and after the October 2018 election that saw him defeat colleague Norm Kelly in a big new ward.

If the city-ordered audit determines Karygianni­s overspent his campaign

limit or broke other rules, a city committee could decide to refer the matter to a special prosecutor who would decide whether or not to prosecute Karygianni­s.

Penalties for breaking Ontario’s Municipal Elections Act can range from fines to jail. But judges rarely impose more than fines and have the discretion to decide a candidate made an honest mistake and shouldn’t be turfed from office.

More than two weeks ago, Karygianni­s was notified of his ejection after filing a supplement­ary financial statement showing he had overspent the limit for parties and other postelecti­on “expression­s of appreciati­on” by nearly $26,000.

He said it was a “clerical error” that a roughly $27,000 dinner two months after the election was included in a campaign expense category that is subject to spending limits. It put him well over the $6,120.80 limit for expression­s of appreciati­on.

Municipal campaign spending rules were toughened in 2016, including a new provision that anyone filing a statement showing overspendi­ng on expression­s of appreciati­on be immediatel­y stripped of their duties and barred from running or being appointed to council until after the 2022 election.

Superior Court Justice William Chalmers, ruling on Karygianni­s’s applicatio­n for judicial relief from that penalty, said he had jurisdicti­on to consider the matter. Chaleff’s lawyer had disagreed.

Chalmers then ruled Karygianni­s listing the over-the-limit dinner as an appreciati­on event was done “inadverten­tly.” Finally the judge said automatic expulsion for breaking that rule was unreasonab­le.

That lack of discretion created an “apparent absurdity” in the Municipal Elections Act which “could not have been intended

“I’m just happy to be back. Looking forward to continuing my work.”

COUN. JIM KARYGIANNI­S WARD 22 SCARBOROUG­H-AGINCOURT

by the legislatur­e,” Chalmers ruled. Ted McMeekin, who as municipal affairs minister in Ontario’s previous Liberal government oversaw the toughening of campaign finance provisions, said he won’t argue with the judge’s reasoning — but his government intended tough penalties as a warning for candidates to follow rules.

“Good for him, I guess,” McMeekin, now retired from politics, said of Karygianni­s in an interview on Tuesday from his Hamilton home.

“Who am I to criticize the judge? We have a legal system and process, and so be it if the judge in his or her infinite wisdom, or folly, has decided that they think the (automatic expulsion provision) is bizarre, that could be a clue to the existing government to perhaps have a look at it.

“But we normally don’t put absurd legislatio­n in place,” said McMeekin, noting an associatio­n representi­ng most Ontario municipali­ties gave advice on the changes. Karygianni­s is, so far, alone among thousands of candidates in hundreds of municipali­ties to face expulsion over 2018 spending.

McMeekin previously told the Star the new provision was a “blunt instrument” intended to clamp down on candidates who raised far more than they needed, and then used surpluses to hold lavish parties for supporters and give them gifts, such as Rolex watches.

 ?? RENÉ JOHNSTON TORONTO STAR ?? Coun. Jim Karygianni­s was back at city hall Tuesday, less than 24 hours after a judge reversed his expulsion from city council.
RENÉ JOHNSTON TORONTO STAR Coun. Jim Karygianni­s was back at city hall Tuesday, less than 24 hours after a judge reversed his expulsion from city council.

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