Waterloo Region Record

Ombudsman won’t be rushed: judge

Hearing into potential investigat­ion of OPP appointmen­t will not be fast-tracked

- ROBERT BENZIE AND ROB FERGUSON

An Ontario Divisional court judge ruled there’s no need for an expedited hearing to force the ombudsman to investigat­e the appointmen­t of a 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 OPP commission­er until going public with complaints about the Progressiv­e Conservati­ves’ controvers­ial 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 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 chum.

“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 the 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 head on Nov. 29, triggering concerns about the independen­ce of the force, which has previously investigat­ed provincial government­s.

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.

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.

The premier is still fuming over Blair’s Dec. 11 letter to the ombudsman, where he 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.”

 ?? STAR WIRE PHOTOS ?? Brad Blair, left, was interim OPP head until going public with complaints about the hiring of Ron Taverner.
STAR WIRE PHOTOS Brad Blair, left, was interim OPP head until going public with complaints about the hiring of Ron Taverner.

Newspapers in English

Newspapers from Canada