Don't blame the integrity commissioner, blame the law, says a lawyer who worked in the commissioner's office
EDITOR’S NOTE: This article originally appeared on The Trillium, a new Village Media website devoted exclusively to covering provincial politics at Queen’s Park.
Some of the public's anger over the controversy has spilled over onto the commissioner, J. David Wake. "To say that something doesn't violate the legislation is no longer the same as saying that it doesn't violate the norms that society holds for MPPs — those things are disconnected now," said Stedman. "That's why everyone gets mad at the integrity commissioner because they think the integrity commissioner has some sort of authority to make sure everyone's ethical. But the integrity commissioner's authority is only what they're given in that legislation.
Secondly, the act only kicks in when an MPP is in an actual conflict, where they acted to put their private interest above the public interest, rather than merely an apparent one.The law says an MPP is in an actual conflict if they take part in a decision to further their own interest or "improperly" further someone else's interest, and it bars them from influencing others' decisions in the same way.
"You really have to show that someone made a decision, went one way versus the other, and put their private interests before their public duties," he said. "As a public, we judge our politicians now on their ability, not only to avoid actual conflicts but to avoid putting themselves in a position where it looks like they might benefit, or where the public trust in a process can be diminished as a result," he said.
In Ford's case, he only sought the integrity commissioner's opinion months after the fact, and only after a reporter who now works for The Trillium began asking questions. The complete scope of the facts the premier's office gave the commissioner is also unclear.
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