Today Rob Ford was found guilty of conflict of interest violation and will be removed from office in fourteen days barring a stay and appeal. Earlier I had written i could live with a verdict that found Ford incredible ignorant of the rules but not guilty. I felt that it seemed excessive to in effect overturn an election result; (Ford won 47.114% of the 50.55% of the electorate that bothered to cast votes. His electoral victory was provided by 23.82% of all eligible voters. Not much a mandate but a win is a win.) I'd rather he just be a lame duck mayor and head into the next election with an official ruling of "stupid" to campaign against. So I'm feeling a little bit good and a little bit sad.
But Ford lost, and if I can live with a not guilty verdict; I can adjust to a guilty one. I'm not one of those people that see this as a blow to our electoral system. It's not as if he suppressed voter turn =out through Robo Calls. I see no harm to our democracy in the short or long term resulting from Justice Hackland's decision. In a brief summary; Rob Ford was accused of breaching conflict of interest guild-lines; that were the result of a violation of a code of conduct guide-line that stemmed from a donation to his football charity. Rob Ford case seemed to depend on him being ignorant of the rules or the municipal conflict of interest act's lack of applicability. In a simpler form he wasn't responsible for anything he did.
So why is democracy not shredded? We had a holder of a High Political office, hauled before the courts by a citizen and found guilty. The court case was open to all; transparent to all and presided over by an impartial and qualified professional. Whether the outcome was guilty or not it represented a high standard in the rule of law. There are many places where the courts are abusive to the common citizen; a network that acts to oppress rather than hold accountable the powerful.
I'm not elevating this case to that level; Rob Ford didn't really do something bad, just kind of stupid; that's were the aforementioned sad comes in. If Ford ultimately loses his job it will be unfortunate that it was over so very little; that a remedy could not be found before it went to court. That's another funny thing, the punishment for conflict of interest is non-negotiable; you do it, you're gone. Let mandatory minimums cheerleaders take note.
A quick response to the Talk Show caller I heard; he felt the Ford verdict justified revisited the idea of electing judges. I can only surmise he felt that the proceedings may not have been as impartial as desired. Electing judges is an awful idea. In favour, there is covering the bench with same electoral accountability now enjoyed other elected office holders. The ability to remove incompetent Judges.The negatives, the likely hood that popularity, ideology and money will win out over experience and quality. The last thing you want on the bench is a judge with his electoral prospects weighing into a judicial decision. Not saying it would, just saying we don't need to add that to the mix.
So Ford is maybe gone, everyone is either happy or upset, the system works or it doesn't. Just another day in Canada's largest city.
Update: (30/11/2012) Justice Hackland has clarified his decision on Rob Ford's ability to run in a by-election. In a statement issues this morning the Justice said Rob Ford is not barred from running if Toronto City Council calls a by-election to fill the vacated mayoral seat. That predicated on Rob Ford losing his appeal.
Update: (6/12/2012) Rob Ford has been given a stay as he pursues an appeal.
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