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Opening comments:  More at the end.

 

To the main Judicial Inquiry page - to the Hazel McCallion page.

Comments by others to this web-page 
- 11 - to this web-page at time of posting.


Mississauga News - Jul. 8, 2010 - By  Louie Rosella - lrosella@mississauga.net

Judge shoots down mayor's request

Common sense.
Commissioner Douglas Cunningham said he will use a common sense approach in determining whether Mayor Hazel McCallion committed any misconduct.
File photo

Commissioner Douglas Cunningham has rejected Mayor Hazel McCallion's attempt to limit the scope of the judicial inquiry and said he will use a common sense approach in determining whether she is guilty of any misconduct.

"Members of City Council are entrusted by those who elect them to act in the public interest. Members of a municipal council must conduct themselves in such a way as to avoid any reasonable apprehension that their personal interest could in any way influence their elected responsibility," Cunningham said this morning. "Suffice it to say that members of Council (and staff) are not to use their office to promote private interests, whether their own or those of relatives or friends.  They must be unbiased in the exercise of their duties.  That is not only the common law, but the common sense standard by which the conduct of municipal representatives ought to be judged."

Cunningham shot down a bid by McCallion's lawyer to tie his decision on whether the mayor was in a conflict of interest to the rules in place in 2006.
"The mayor conducted herself in reliance on the rules as they existed at the time and still exist," McCallion's lawyer, Elizabeth McIntyre, told the court. "To retroactively change the rules to her detriment doesn't accord with any view of procedural fairness."

The Municipal Conflict of Interest Act, which was in place at the time, refers only to a member's behaviour at council and any attempts to influence the vote of council members, McIntyre said.

It doesn't, however, prevent the mayor from attending business meetings and giving advice regarding the City's desires and recommendations, which was the case in the dealings in question, McIntyre said, noting the City hired an outside lawyer to review the case ó prior to the calling of the inquiry ó who determined the mayor wasn't in a conflict.

The Commissioner said this morning he will not be "constrained" in making his decisions and potential recommendations.

"The terms of reference (for the inquiry) were made deliberately broad to allow me to investigate conflict of interest," he said.  "There is no need to more precisely define conflict of interest."

The mayor took an oath to serve office "truthfully, faithfully and impartially," Cunningham added.

"She didn't say simply she would abide by the Municipal Conflict of Interest Act," he said.

Cunningham will use a common sense approach and determine "what a reasonable person should have done in similar circumstances."

The second phase of the Mississauga judicial inquiry, which continues today, will probe conflict of interest allegations against the mayor and the role her son, Peter McCallion, played in a $14.4-million bid by his company, World Class Developments Ltd. (WCD), to purchase a 3.5-hectare parcel of City Centre land owned by the Ontario Municipal Employees Retirement System (OMERS).

WCD hoped to build a hotel and convention centre on the site.  The deal fell apart.

The deal involved private meetings between Mayor McCallion, the developer and the landowner, OMERS, while the zoning of the land was still before city council. OMERS subsequently sold the land to the City, who then leased it to Sheridan College.

McCallion and her son are expected to testify during proceedings.

Ed Sajecki, the City's Commissioner of planning and building, will testify today.


Comments by others - 11 - to this web-page at time of posting;


ComeOn

Jul 8, 2010 5:27 PM

Muse Pep Talk Time on the Hazel McCallion Scandal

Muse Mayor Hazel admits to attending her son's land deal meetings -- that is wrong. Until today we knew of at least two meetings now we know it was many many more and that people were pressured by her to make the deal happen for her son. Stay tuned more to come. Now as for her reading stuff -- look the deal with OMERS was for 10% of the City's largest asset Enersource worth hundreds of millions of dollars. If you were to read just one thing at the City which 20 pages would you read? You are being BSd!

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ComeOn

Jul 8, 2010 5:18 PM

Muse Muse Muse

First Innocent to proven guilty-- oh but wait-- she admitted to the meetings MUSE. Hazel McCallion admitted to some of the meetings. Today she had some help remembering a pile more of them---OOOOOPs. So let us stop beating the Innocent until proven guilty drum. You are right that this is not a criminal proceeding and I have never ever said it was. I have consistently called upon the Mayor to come clean and for the Inquiry to be allowed to drill down to the truth. I have my opinion on what the Mayor's future holds and what charges should apply but that is not necessarily where the Inquiry is going. Keep in mind this judge does not answer to you or I and might have his own take on what will happen later. I do not know. I do know that you are giving her too much slack. I will detail that in the next note.

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The Mississauga Muse

Jul 8, 2010 5:13 PM

@ ComeOn

If she is innocent why hundreds of thousands of tax dollars for lawyers?...Muse you are letting the Hazel sycophants get to you." No, ComeOn. This is about being Canadian! People are innocent until proven otherwise (and a reminder, these aren't criminal proceedings). Next. It's been my observation (and much of it on video) that the Mayor (and elected officials) are totally dependent on Staff. Totally! I know from many Audit Committees that the Mayor knew that policies were in place and had expected that they be followed. I have video of her being REASSURED by her own Staff that they were being followed. Staff lie even to her! And it's those times when I have huge sympathy for the Mayor.

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Think About It

Jul 8, 2010 4:38 PM

When it comes down to falsifying the books, itís peculiar Ms McCallion would think of pulling the wool over the same eyes that assessed the damage from Walkerton municipal employees Stan and Frank Koebel

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ComeOn

Jul 8, 2010 4:33 PM

Sorry Muse I am not buying it

If she is innocent why hundreds of thousands of tax dollars for lawyers? Why are we paying so that she can use a tax paid lawyer to ask the Inquiry to move the questioning until after the election? Then her team tries to limit the whole thing to whether or not she is in compliance with the Municipal Conflict of Interest Act which is a little like saying: I am off to rob a bank and all I want to be held accountable for is my driving to and back from the bank. As the Inquiry concluded something can be wrong without it having anyting to do with the MCIA. Muse you are letting the Hazel sycophants get to you. They are grasping at anything to stay relevant.

The Mississauga Muse

Jul 8, 2010 4:24 PM

@ ComeOn there are plenty of innocent people who need lawyers too

If only for protection from the lawyers trying to nail you. You know, like to prepare you for what you might be facing in way of questioning? The Mayor having a lawyer isn't about innocent or guilty. It's about fairness of process. I have to say that I'm disappointed that the Mayor's lawyer tried that tack. Remember, McCallion has a rep as longest-standing Mayor in Canada, an Exemplar-mayor who runs the tight "Trust, Quality Excellence" ship and as you pointed out. Commissioner Cunningham must know too that the Mayor has long-served as a Board of Director on Association of Municipalities of Ontario, played big in Canadian Federation of Municipalities and McCallion claiming she thought conflict of interest only applied to council meetings... sure, the Silent Majority Mississaugans will swallow that whole. But not Cunningham.

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ComeOn

Jul 8, 2010 1:43 PM

Time Has Come To Put The Friends Of Hazel On Suicide Watch

Let me be clear I am not saying they would but we would all feel pretty guilty if something did happen and no one had checked in with them. Wow how sneeky trying to get the Inquiry to put blinders on so they would not consider such little thing like corruption. Just stick to the narrow definition created by councillors who are not lawyers or investigators just a group that voted to do the right thing on issues that were beyond a council to look into. Now I have to say if our Mayor has not done anything then why in the world have your lawyer(s) play this farse? Hey Snap time to tell me that I should let Hazel be above the law -- go for it!

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The Mississauga Moose

Jul 8, 2010 1:21 PM

@ Spam Queen

Nessuno se ne importa! Resa!!!!!

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The Mississauga Muse

Jul 8, 2010 12:28 PM

@ The Mississauga Moose

Regarding the pic at "http://www.flickr.com/photos/43172810@N00/3549015999/ I agree. The photo does do me justice. Notice the message! "QUIS CUSTODIET IPSOS CUSTODES?" In Mississauga? NO ONE. As the Inquiry is discovering with new revelation. Notice too that I'm wearing a Malton hockey sweater. I've been trying unsuccessfully since September 2007 for Mississauga to investigate the treatment of youth/minors (especially blacks) at Malton Community Centre. Also went up before Council to try and get a Peel Police officer inside Malton Community Centre as a mini-Community Station there. "QUIS CUSTODIET IPSOS CUSTODES?" No one.

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The Mississauga Moose

Jul 8, 2010 12:17 PM

THE REAL MUSE

"Marching to the beat of a different drummer since March 2007.... " posted by the spam queen herself, May 2009 http://www.flickr.com/photos/43172810@N00/3549015999/ BTW, the photo definetly does her justice.

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The Mississauga Muse

Jul 8, 2010 12:01 PM

Not Limit: What a reasonable person would have decided in the Commissioner's similar circumstances

[cut-and-paste] "The Commissioner said this morning he will not be 'constrained' in making his decisions and potential recommendations. 'The terms of reference (for the inquiry) were made deliberately broad to allow me to investigate conflict of interest,' he said. 'There is no need to more precisely define conflict of interest.' The mayor took an oath to serve office "truthfully, faithfully and impartially,' Cunningham added. 'She didn't say simply she would abide by the Municipal Conflict of Interest Act,' he said. Cunningham will use a common sense approach and determine 'what a reasonable person should have done in similar circumstances.'"



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