Opening comments: More at the end.
City Manager's Office
ATTN: Janice Baker, City Manager and Chief Administrative Officer.
300 City Centre Drive
Mississauga, Ont. L5B 3C1
RE: Regarding the conduct of a City solicitor - Mary Ellan Bench.
Dear Sir: Oct. 30, 2006
I am requesting that the office of the City Manager investigate the matter that I have already brought to the attention of City solicitor - Mary Ellan Bench, regarding her grand misinterpretation of the Legislative jurisdiction and authority the that Information & Privacy Commissioner (IPC), has. It is requested that she clearly state the case regarding the subject of my Sept. 12/06 letter - that “the IPC does not have that power, nor does it have the Legislative jurisdiction and authority to require my requests for City records or services to be FOI requests.” and that I “challenge you (her) to prove that the IPC has the Legislative jurisdiction and authority to restrict, limit or even end all non-Freedom Of Information (FOI), requests and/or access to City staff and elected officials, as well as, the power, to require my requests for City records or services to be FOI requests. ”
It is totally inappropriate for a City’s solicitor to be “making up laws or otherwise stating falsehoods that as a legal professional should know are false, to unjustly & unlawfully end lawful access to government by a community leader, so that politicians and their staff can avoid granting services and be held accountable by way of appropriate Democratic processes.” Her response shows that she is not able prove her original statements as being legally correct.
Please respond quickly on this matter as it is an election issue. The text of the letters in question are following.
- 2 -
Corporate Services Department Legal Services - Mary Ellen Bench, City Solicitor
July 28, 2006
Re: Correspondence to City Officials
You have recently distributed correspondence to various City officials including the City Manager, the City Clerk, the Director of By-law Enforcement, and the Manager of Security and Operations requesting information that you allege is "Necessary disclosure for the Court Case". These communications are dated July 24,2006.
As you are no doubt aware, these requests constitute a request for information under the Municipal Freedom of Information and Protection of Privacy Act. You have recently filed a request for information under the Act relating to the Mayor's expenses and you contacted the City's FOI Coordinator in that respect by telephone and letter on July 25,2006. You are expressly directed to IPC Orders, M-947 and MO-1519, copies attached, which set out the explicit rules respecting how you are to contact the City to request information. These rules are specific to you given the determination by the Privacy Commissioner that you clearly had "issues with the City".
The sole purpose of your letters appear to circumvent the conditions placed upon you by the Privacy Commissioner. Please discontinue this practice immediately. In respect of the charges you face, I understand you are in the process of retaining legal counsel. Your counsel may contact me to discuss any such requirements.
THE - DEMOCRATIC - REPORTER - Donald Barber - Editor - Candidate for Mayor of Mississauga 2006
To - Corporate Services Dept. - Legal Services, Mary Ellan Bench, City Solicitor.
RE: In regards to your July 28, 2006 letter. Sept. 12, 2006
In your July 28/06, letter you are stating that the Information & Privacy Commissioner (IPC), has the Legislative jurisdiction and authority to restrict, limit or even end all non-Freedom Of Information (FOI), requests and/or access to City staff and elected officials. In fact the IPC does not have that power, nor does it have the Legislative jurisdiction and authority to require my requests for City records or services to be FOI requests. This position has been noted in the past by other City staff in greater detail, as you are now going on the record stating the general support for the City's totally wrong interruption of the IPC Orders you so proudly note, your July 28/06, letter can now be used as a decision letter would be.
- 3 -
At this point I would challenge you to prove that the IPC has the Legislative jurisdiction and authority to restrict, limit or even end all non-Freedom Of Information (FOI), requests and/or access to City staff and elected officials, as well as, the power, to require my requests for City records or services to be FOI requests. If you can not, then you must inform all City staff of this to restore my rights to access City services. If you do not respond (in detail), to this by Sept. 20, not, only will I (very publicly), Appeal this to the IPC but will file a formal complaint with the Law Society of Upper Canada that one of its lawyers is making up laws or otherwise stating falsehoods that as a legal professional should know are false, to unjustly & unlawfully end lawful access to government by a community leader, so that politicians and their staff can avoid granting services and be held accountable by way of appropriate Democratic processes.
Corporate Services Department Legal Services - Mary Ellen Bench, City Solicitor
Sept. 13, 2006
Re: Correspondence to City Officials
I acknowledge receipt of your letter dated September 12, 2006. It is clear from reading your letter that you have misinterpreted my earlier correspondence. In respect of the jurisdictional issues you raise in your September 12 letter, I would suggest that you seek your own legal advice on such matters. As you know, my client is the Corporation of the City of Mississauga and I am restricted to providing advice to that client as in-house counsel. Alternatively, you may wish to discuss the jurisdiction of the Information and Privacy Commission with someone from that office.
I am willing to discuss my letter with you and there is an answering machine you can leave a detailed private message on. My phone number is (905) ***-**** & E-mail donbar@arvotek.net.
Sincerely yours - Donald Barber - Editor.
Home Page - Main Table of Contents - Back up a page - Back to Top
[COMMENTS BY DON B. - ]