Scanned copy, if there are errors, please e-mail me with corrections:
Opening comments: More at the end.
Toronto Star - July 23 1982 - By Mike Funston Mayor's land deal involvement 'error,’
not dishonest, judge rules [ big picture noting the below ] Congrats, Your Worship: Mississauga Mayor Hazel McCallion gets a hug from Louis Velianou, owner of the Big Apple Restaurant, after a judge ruled that while she had breached the Municipal Conflict of Interest Act, she should not be removed from office because it was only an error in judgment. Mississauga Mayor Hazel McCallion violated the Municipal Conflict of interest Act, but will not be removed from office because it was an "error in judgment," a Peel county judge law ruled. However, in dismissing a motion brought by local ratepayer John Graham, Judge Ernest West nevertheless ruled yesterday, that there was some validity to the court action and awarded costs, which could run as high as $35,000, in Graham's favor. Graham, like McCallion is a former mayor of Streetsville. But he has said his motives in bringing the complaint were not political. The mayor was confident the case would do her no harm politically. After the ruling she told reporters: "When you do a job for citizens it certainly pays off. Two funds to pay her legal costs were established, one by politicians and businessmen and the other by airport limousine drivers. No dishonest intent West ruled there was no dishonest intent on McCallion’s part, but that she violated four of the act at a Nov. 2 council meeting dealing with land development in an area where she and her husband Samuel own a house and five acres of property. He ruled McCallion breached the act because she: * Did not disclose her conflict as soon as the meeting started; * Took part in discussions; * Urged one dissenting councillor to vote in favor of a resolution to release 3,500 acres of land in four planning districts for
secondary plan processing, a major step in approving development; * Voted on three parts of the resolution, though not the part dealing with the district in which she owns property. On that she did
declare a conflict but should have abstained from all voting, the court said. Well wishers After the judgment, a smiling but ashen-faced McCallion was embraced by her husband and well-wishers, including fellow city councillors and Peel chairman Frank Bean. One councillor, Margaret Marland, tried to prevent reporters from speaking to the mayor. However, the mayor said: "I'm very happy and look forward to continuing as mayor of Mississauga this term and for the next three years as well." "Everybody learns from their experiences. The act has never been fully followed by any council that I know of. It's there to prevent dishonesty and cover-up and at no time did I attempt to cover up where my residence is." She said the same thing could have happened to other municipal politicians. "Other mayors or members of councils may not have taken all the necessary precautions (in declaring conflicts), but there's not usually people waiting around to question technicalities." May appeal Graham told The Star he may appeal the judge's ruling. He has 15 days to decide. "If you violate a statute in every way it can be violated, it seems to me there should be some punishment," he said. The lawyer said he took the time and financial risk to launch the action because "What was going on was wrong and somebody had to do something about it --- it's as simple as that. "The real issue here is not the conflict, it's the way this council is operated, doing business behind closed doors or in restaurants over a beer or coffee. The only way to bring this to the public's attention was through the narrow issue of conflict of interest."
[COMMENTS BY DON B. - ]
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