Scanned, recopied or Internet copy, if there are errors, please e-mail me with corrections: Opening comments: More at the end. To the main Judicial Inquiry page - to the Hazel McCallion page. Mississauga News - Aug. 12, 2010 - By Louie Rosella Inquiry: myths and facts Lots of speculation. Lots of rumours. Lots of questions.Well, here are some quick facts about Mississauga's Judicial Inquiry: Its commissioner doesn't have the power to toss the city's venerable mayor from office, nor can he lay criminal charges or find her or anyone else guilty of a provincial or criminal offence. So, what exactly does this multi-million-dollar fact-finding mission, expected to surpass $5 million in public money, accomplish for taxpayers? And what, exactly, can Commissioner Douglas Cunningham do at its conclusion? Make no mistake. Cunningham's word carries significant weight. He's the head honcho, the judge. This inquiry will result in a bunch of recommendations from the Commissioner, who is also the Associate Chief Justice of the Superior Court of Justice of Ontario. His findings will, no doubt, be designed to improve municipal governance and could result in major changes to local government, namely the City of Mississauga. As recent inquiries such as Walkerton, Ipperwash and Toronto Computer Leasing have shown, governments pay a great deal of attention to the much-anticipated recommendations. Virtually all of the 121 recommendations in the Walkerton inquiry have or are being implemented. Cunningham will likely also unearth some ugly truths about the City of Mississauga's business dealings with regards to the 2000 Enersource deal and Mayor Hazel McCallion's role in a failed $14.4-million land deal brokered by her son, Peter McCallion, and her behind-the-scenes involvement in negotiations. Those are truths that could change the political landscape in Mississauga: We've already heard some of the devastating evidence. But, let's separate myth from fact in examining Cunningham's powers in this inquiry. MYTH: Mayor McCallion can be ordered to resign or step down. FACT: Cunningham can, in theory, recommend the mayor step down, but he won't. That would amount to interference with the democratic process in Mississauga. The Commissioner's job is to make findings and institutional/procedural recommendations. It's up to the residents of Mississauga to decide what, if anything, to do about their elected officials. MYTH: Cunningham can rule that witnesses be charged criminally. FACT: He can't. It's not about laying blame. He can make no finding of civil or criminal liability, but he can refer matters to police for further investigation. If the inquiry were to uncover evidence of criminal activity, such evidence would be turned over to the appropriate agency for possible criminal charges. MYTH: The commissioner can rule that Mayor McCallion breached the Municipal Conflict of Interest Act. FACT: He can make factual findings which would be relevant to that allegation. He just cannot make the explicit finding. MYTH: Cunningham's recommendations, which could include changes to the Municipal Conflict of Interest Act, are binding to governments. FACT: He will report his findings and recommendations to City Council. It's then up to councillors, and possibly higher levels of government, whether or not to implement the changes. They don't have to enact them. Inquiries are in part, designed to bring about change. Cunningham is a vital tool in orchestrating that change. But, at the end of the day, whether new laws or policies are adopted lies in the same old hands — those of our elected officials. Comments by others - 25 - to this web-page at time of posting; The Mississauga Muse Aug 14, 2010 6:14 PM Worth cut-and-pasting. Justanopinion Aug 12, 2010 6:12 PM "Our mayor could be caught, in the library, with the candlestick in her hand, over the dead body, and she would still win by a landslide!" * Agree The Mississauga Muse Aug 14, 2010 6:12 PM @ The Spudder, I'm the one who clicked "Disagree" on you. Here's why. You wrote, "Your right Hazel will not leave office through an election; she will leave office in hand cuffs." as well as, "No, Da Mayor will not be voted out of office, she will be escorted out." And I won't budge from my conviction that Hazel McCallion is ABOVE THE LAW. *And* add that the CorruptCowardCommenters are right in that they really *do* represent MYTHissauga voters. I'm going to make up my mayoral slogan right now. Ready? WALLETS VOTE, PEOPLE DON'T! * Agree ConcernedResident Aug 14, 2010 6:08 PM @Spuds What's a matter lil boy? Resorting to name calling because noone wants to follow the Barbarians over the cliff to obscurity? Sorry my friend, Hazel will be re-elected, and Hazel will be Mayor till 2014. * Agree ComeOn Aug 14, 2010 5:33 PM Hazel Will cling to office If she leaves staff might cut their own deal with the law but if she stays she is the mayor and can keep her thumb on those who might be getting worried about their own future. There are several senior staff with some explaining to do. * Agree The Spudder Aug 14, 2010 5:13 PM dumtis and disconected Resident Your right Hazel will not leave office through an election; she will leave office in hand cuffs. The last thing Da Mayor has to worry about is the electorate. She has an undisputed conflict of interest when it comes to the delay in the implementation of the development charges at the Region. There is a possibility that you may have municipal corruption charges. Let's not forget potential Revenue Canada looking into some of her and Peter's affairs. No, Da Mayor will not be voted out of office, she will be escorted out. * Agree 1 Think About It Aug 14, 2010 12:27 PM The best points in US time wouldn’t have been when the Tories burnt down the White House Muse nor when the Mulronites made $300,000 business transactions with the Nazi Arms dealer Thyssen Industries thru Swiss bank The worst cases in history’s starvivals earmarked the Jefferson Davis pack with Great BriTtan and Richard Millhouse Nixon that had to be abolished by means of impeachment for similar scandals. Mrs. McCallion’s has a bias grudge against judge Grit Laskin s that charged her in 1982 which Urbaniak ear marked the Pearson Int Airport was the turbulence of the Mayors big ego trip (Chapter 12) and these limp DESPICABLE COWARDs HIDING BEHIND ALI-ASS’es * Agree ComeOn Aug 14, 2010 8:23 AM Mantis CR SNAP or whatever can you go after me for things I said not the ones bopping around in your tinfoil clad head? The only point you have taken issue with is judge handing it off to the crown. I did not claim or say that the crown will investingate anything. I know you want this to come back to Council and hope you can unseat a couple of the councillors that voted for the Inquiry and replace them with a couple Hazel Yes People. Then the dream scenario is that you accept the report from the Inquiry say thanks and sweep it under the carpet. It is so not going to happen. Dream on. Now I ask you why you chose just that set of facts to go after? Why not debate how the lawyer for the city has notes from a conversation with Mr. O'Brien where he admits that Mayor Hazel is in a serious conflict of interest and how all of this has -- yup -- slipped Mr. O'Brien's mind. Hazel is so disappointed in you flacks -- you better shape up or she might just replace you. * Agree 5 The Mississauga Muse Aug 13, 2010 8:32 PM @ Think About It and Fartleberry. Regarding American term limits and Impeachments Look at the state of the United States and convince me that term limits and impeachment makes any difference. * Agree 1 Think About It Aug 13, 2010 8:05 PM Scrutiny on the Bounty, Fartleberry makes an interesting observation point in municipal impeachments The Walkerton Tragedy gave Harris and his Rasputin Mad Monks enough time resign to avoid impeachment while the Region of Peel shuffled to self appoint Ernie Eves avoiding scrutiny through the Amalgamation of Municipalities chair, whom ever chaired the municipality at that time ???.... http://hansardindex.ontla.on.ca/hansardespeaker/37-4/l005-565.html * Agree The Mississauga Muse Aug 13, 2010 7:27 PM @bettyyeti WHOA! I just found myself agreeing with ConcernedResident! Might as well just cut-and-paste what ConcernedResident wrote. Sorry bettyyeti but "Keep dreaming. That's all you have." There is simply nothing that the Commission can uncover that will matter. Repeat. Hazel McCallion is Above the Law. As is her son. * Agree 1 ConcernedResident Aug 13, 2010 6:15 PM @bettyyeti Keep dreaming. That's all you have. * Agree Fartleberry Aug 13, 2010 4:45 PM Those lucky Americans Again those lucky Americans not only have term limits, but also an impeachment process! * Agree 3 bettyyeti Aug 13, 2010 3:48 PM Myths / Facts Here's how this will all play out: Commissioner Cunningham will recommend that McCallion should step down. He will uncover evidence of criminal activity and turn same evidence over to the RCMP for possible criminal charges. Come election time, we vote ourselves a spanking new, squeaky clean Mayor (NO not McCallion). One can dream, can't * Agree 4 The Mississauga Muse Aug 13, 2010 12:18 PM @ Therese, good research along with the legwork by Mr. Rosella. Forgive me for still considering the Municipal Conflict of Interest Act just a piece of paper. The best example I can give you of why I consider so many pieces of Provincial legislation simply window-dressing is this one. In late 2006 the Province passed the Amendments to the 2001 Municipal Act ostensibly to increase accountability in municipalities. Hazel McCallion is on record as saying City Staff are NOT accountable to the public --only to elected officials. Follow so far? Well the Amendments to the 2001 Municipal Act changed elections from three years to FOUR. Meaning there's LESS accountability! Of course that's all theoretical. We know we can have municipal elections every six months and we'd be blighted by the same fraud, corruption and malfeasance (I'm talking across Ontario, not just here). * Agree Therese Taylor Aug 13, 2010 11:15 AM email from Louie to me . "Therese You are correct." "However, that section you quoted would be if and when the mayor is actually formally charged under the Act. It doesn't apply to a public inquiry. So, Cunningham can't order the seat vacant or order she resign. He can find she had a conflict and recommend she be charged, and then, the section you quoted may apply in a different court. Hope I cleared it up. Call me if you have further questions and thanks for the interest. Louie Rosella Staff Reporter The Mississauga News 3145 Wolfedale Rd. Mississauga, Ontario L5C 3A9 905-273-8120 Fax: 905-277-0146 lrosella@mississauga.net" * Agree 2 Therese Taylor Aug 13, 2010 11:14 AM Dear Louie, Thank you for your piece "Inquiry: myths and facts." I have to wonder at this one though. "MYTH: Mayor McCallion can be ordered to resign or step down." According to the Act, “Power of judge to declare seat vacant, disqualify member and require restitution 10. (1) Subject to subsection (2), where the judge determines that a member or a former member while he or she was a member has contravened subsection 5 (1), (2) or (3), the judge, (a) shall, in the case of a member, declare the seat of the member vacant; and (b) may disqualify the member or former member from being a member during a period thereafter of not more than seven years…." Please see link http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m50_e.htm# l'd be interested to know if this changes your take on the above "Myth." * Agree The Mississauga Muse Aug 13, 2010 9:17 AM Got to add this MYTH MYTH: Outside Legal Advice stated that Peter McCallion cannot be considered a "child" and therefore wasn't the son of Hazel McCallion and therefore the Mayor can't be in conflict of Interest. FACT: Actually that's true. The City DID get such outside legal advice! HAHAHAHAHAhahahahaha... * Agree 1 The Mississauga Muse Aug 13, 2010 9:15 AM @ Therese, thanks for the reminder re: the Municipal Conflict of Interest Act Just a reminder about a lot of these Acts --they're just pieces of paper. They really are. I've been documenting the degree to which City of Mississauga staff violate provincial guidelines and legislation, so I know, they're just paper. Legislation dealing with land/money is a bit different, mind you. But legislation pertaining to ethics/conduct, accountability? A reminder. The City has a conflict of interest report concluding that Peter McCallion can't be considered to be the son of the Mayor and therefore Hazel McCallion can't be in conflict. AND.. *AND* we'll have 95% of Mississauga voters AGREE with that statement! No provincial Act can save us from that. * Agree 1 Therese Taylor Aug 13, 2010 9:02 AM Municipal Conflict of Interest Act, R.S.O. 1990, c M.50 http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m50_e.htm# “Power of judge to declare seat vacant, disqualify member and require restitution 10. (1) Subject to subsection (2), where the judge determines that a member or a former member while he or she was a member has contravened subsection 5 (1), (2) or (3), the judge, (a) shall, in the case of a member, declare the seat of the member vacant; and (b) may disqualify the member or former member from being a member during a period thereafter of not more than seven years; and (c) may, where the contravention has resulted in personal financial gain, require the member or former member to make restitution to the party suffering the loss, or, where such party is not readily ascertainable, to the municipality or local board of which he or she is a member or former member. R.S.O. 1990, c. M.50, s. 10 (1)." * Agree 3 The Mississauga Muse Aug 13, 2010 9:01 AM Fraud charges, I'm puzzled. Serious question. You can fake affadivits but not having cancer? Don't know how many have been following the woman who faked cancer. Police nabbed her soon after the first story came out. She's in the papers again on a new charge. Toronto Star, "New fraud charge against woman who faked cancer". Quote, "Ashley Kirilow, 23, was charged Wednesday with fraud over $5,000 during a court appearance" (her fourth charge). Here's what I don't get. Peter McCallion admitted that he borrowed $50,000 KNOWING he didn't have the wherewithal to pay it back, and admitted to signing as Authorized Signing Officer knowing what that meant and that he wasn't. And admitted to signing his name to the right of that. Ya know where this is headed right?... How can this not already be a police matter? * Agree 1 Home Page - Main Table of Contents - Back up a page - Back to Top [COMMENTS BY DON B. - ] |
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