Canada’s Freedom of Information laws are not fit for purpose.

The Globe and Mail’s “Secret Canada” series shows how difficult it is to get information from the Government and from public bodies. 

Their conclusions chime with my own experience.

For the past year I have been searching for the answers to the Greenbelt Scandal in the municipality of King, next door to where I live in Newmarket. I am interested in the story of how prime agricultural land in the protected countryside in the Greenbelt came to be opened-up for development. Some people were in line to make millions of dollars - until Doug Ford did his U-turn. We still don’t know the full story and await the outcome of the RCMP investigation.

Endless delay

I’ve filed countless Freedom of Information requests with King and with Southlake Hospital and with the Ministry of Municipal Affairs and Housing and hit road blocks at every turn. Endless delays. Staggering costs. Hoping I just go away.

I have been told no records exist when they do. Yet there are no consequences for those who dissemble and who knowingly give false information. There have been unconscionable delays with every request strung out for as long as possible before I get an answer. 

Public institutions such as municipalities and hospitals are obliged to keep records. But, too often, they pay lip service to this legal requirement. 

And the costs of getting information can be significant. It all adds up.

"Expedite development" 

On 7 November 2022 King’s Mayor, Steve Pellegrini moved a motion at Committee supporting the location of a new Southlake on Greenbelt lands gifted by the developer Michael Rice. The motion directed staff: 

“to work with the landowner, Province, and Southlake Regional Health Centre to expedite development approvals for these lands” 

But when I asked King to show me how staff implemented this direction from Council I was told this information would cost me $1,035.

After some toing-and-froing with the Township I narrowed down my request to save money. Under the terms of the Municipal Freedom of Information and Protection of Privacy Act 1990 I only wanted “exempted information” (ie information they couldn’t withhold because, for example, it was already in the public domain.) But I was told this exempted information was mixed in with other protected information that would not be released. 

The Township’s Clerk, Denny Timm, told me:

 I understand you wanted to narrow your request by excluding responsive records where sections 9, 10, 11 and 12 would apply and for those parts of section 7 other than the exceptions. In reviewing the responsive records, all records that have section 7 applied to them also have other exemptions applied to them, such as section 12 or section 11, and therefore would still be exempted from disclosure.

I am unsure how you want to proceed at this stage knowing this. Please give some consideration to this and let me know.

Clearly, all this material would have to be reviewed by King staff and much of it would blacked-out. In these circumstances do I still want to go ahead and spend $1,035 and, perhaps, be none the wiser? Probably not.

Shared Vision

When I asked the Ministry of Municipal Affairs and Housing for sight of records relating to the draft agreement between the Provincial Land and Development Facilitator and Michael Rice, the owner of the Bathurst lands, I was told it would cost $482 and would likely be heavily redacted as the request involved the interests of a third party (ie the landowner).

The Integrity Commissioner’s report on Steve Clark refers to the work of the Provincial Land Development Facilitator:

[255] The Provincial Land Development Facilitator, Paula Dill, advised that she was given a mandate by Minister Clark to facilitate discussions on the 15 sites that were removed or redesignated “to achieve development agreements that would accommodate a shared vision for attaining the government objectives on these sites.”

[256] As of August 7, 2023, Ms Dill advised me that no final agreements have been reached but she has reached agreements in principle or draft agreements with respect to eight of the 15 areas removed or redesignated, namely: King Township, Minotar, Block 41, Leslie Elgin, Cline Road, 502 Winston Road, Nash Road, and Barton Street.

What was this shared vision between the Provincial Government and Michael Rice relating to the Greenbelt lands at Bathurst? I doubt we shall ever know. But whyever not? Surely the public interest demands disclosure.

Mystery landowner

I have several long-running appeals to the Information and Privacy Commissioner who shortly may order the release of some key information, allowing me to join up squillions of dots. I hope to learn by 21 December 2023 the name of Mayor Pellegrini’s mystery landowner who offered land in King for a new Southlake. And perhaps, at long last, I shall learn the name of the Southlake Board member who declared a conflict of interest to the Board meeting on 22 September 2022.

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Click "read more" below for relevant sections of the Municipal Freedom of Information and Protection of Privacy act 1990

Yesterday’s big news is, actually, very old news. (Photo: Doug Ford yesterday). 

Our bumbling Premier, the hapless Doug Ford, is finally going to deliver on his stale 2018 promise to (sort of) open-up the beer market to greater retail competition in…. 2026. 

The policy was initially celebrated with great fanfare by Ford’s enablers. On 7 August 2018, former PC Health Minister, Newmarket-Aurora MPP and now health lobbyist, Christine Elliott, told the Ontario legislature:

“Buck-a-beer is part of the government’s commitment to transforming alcohol retailing in Ontario, which includes expanding the sale of beer and wine to convenience stores, grocery stores and big box stores. This is just further evidence that our government is going to do what we said we would do, and that’s put Ontario consumers first.”

The Beer Store Bill barrelled through the Legislature with no Committee stage. No thought had been given to the consequences of Ontario breaking its contract with the Beer Store owners. 

Spur-of-the-moment

But this casual disregard for proper process was an early indication of how Ford would govern. Cack-handed and spur-of-the-moment decision making.

In 2019, after months trying, I got an appointment to meet Elliott at her constituency office in the Nature’s Emporium plaza in Newmarket.

Dawn Gallagher Murphy - who was appointed by Ford as PC candidate to replace Elliott  – sat in on the meeting, taking notes. Gallagher Murphy asked me to let her know beforehand what I wanted to talk about. It soon became clear to me that I knew more about the issue than they did.

I wanted to know what, if anything, would stop the Beer Store owners going to Court for breach of contract? And if the Province negotiated with the Beer Store owners and settled out of Court, what would that settlement look like?

I remember the blank faces.

I saved a few minutes to talk about the subversion of Parliamentary process and procedure. The story is rich with irony. 

Choking off debate

The disgraced former Municipal Affairs and Housing Minister, Steve Clark, used to complain about the way in which the (then) Liberal Government was constantly trying to curtail debate. On 28 May 2015 he fumed:

“Time after time, we’ve had negotiations where all of a sudden the government stops talking to us and presents bills that will either choke off debate or move bills through quickly without hearing from constituents.”

There is now a very long list of consequential Bills that reached the Statute Book with absolutely no public input whatsoever. 

Does that concern Newmarket-Aurora’s Dawn Gallagher-Murphy?

I doubt she has given any thought to it. 

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See also Toronto Star editorial 15 December 2023.

Another screeching U-turn from the Ford Government as Municipal Affairs and Housing Minister Paul Calandra abandons plans to dissolve Peel Region. 

In a news release earlier today Calandra talks about "recalibrating" the mandate of the Peel Region Transition Board to focus on local government efficiency and responsiveness instead of dissolution.

The Government forged ahead with plans to break up Peel without considering the costs of a huge municipal reorganisation. And the Bill was rushed through the Legislature with no opportunity for the public and experts to comment. This is the result.

Calandra says:

“While we originally thought that the best way to achieve our goals of better services and lower taxes was through dissolution, we’ve since heard loud and clear from municipal leaders and stakeholders that full dissolution would lead to significant tax hikes and disruption to critical services the people of Peel Region depend on. This is something our government will never support.

Oh dear! The Government is becoming a laughing stock. One step forward. Two steps back.

I am left wondering how much this pointless exercise cost the taxpayers.

The new Liberal Leader Bonnie Crombie, the Mayor of Mississagua, will be spitting feathers. 

Too bad. She was always on the wrong side of the argument.

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Update on 13 December 2023: From Newmarket Today: Audit of Newmarket among Ford Government walk-backs

 

The Newmarket-Aurora Conservatives have chosen their candidate for the next Federal election, Sandra Cobena

I know very little about Sandra Cobena but that will change. 

She says she believes in “fiscal sanity, social stability and moral clarity”.

I’d like a few more specifics. Especially that bit about "moral clarity".

Waiting on the sidelines

Her video says “waiting on the sidelines is no longer an option”.

I’ve just googled Sandra but there’s not a lot there. A bit like Dawn Gallagher Murphy. No footprints in the sand. No articles in the press. No letters to the editor. But maybe they’ll surface. I hope so.

Cobena, a senior manager in commercial credit at TD, defeated Harold Kim for the nomination. Harold – like so many Conservative candidates – boycotted the local election debates when he was the candidate last time round, so, for that reason if for no other, I’m glad’s he’s gone.

I’d be very surprised if the sitting Liberal MP, 73 year old Tony Van Bynen, seeks another term. 

Cruising into retirement

The middle-of-the-road Tony Van Bland is gently cruising into his third retirement.

The Prime Minister could always rely on his support and his vote in the Commons.

Since his election in 2019 Van Bland hasn’t put a foot out of line.

Well, except once. A few weeks ago he joined 33 other Liberal MPs in urging a ceasefire in Gaza.

Since then, he’s gone quiet again. 

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Update on 13 December 2023: From Newmarket Today

The Ford Government is deeply corrupt.  

The annual report from Ontario's Auditor General, published today, lists failings which go to the very heart of the way in which we are governed.

Ford doesn't consult people before legislating. (Photo: Boris Johnson - on his money-making speaking circuit - jokes with fellow Conservative Paul Calandra at last week's Realtor's Conference.)

No meaningful consultation

The Acting Auditor General Nick Stavropoulos says the Government made:

“significant changes to energy, land-use planning and housing policies without meaningful consultation, undermining Ontarians’ ability to participate in decisions that can impact the environment.”

and it didn't follow the Environmental Bill of Rights

“when it made sweeping changes to the Province's land use and housing framework and removed lands from the Greenbelt. The Government… made these changes to increase housing supply without adequate public consultation… and did not give the public complete information about the proposed changes.”

Brains behind the operation

Increasingly, we are governed by fiat and edict with the rules bent and manipulated by Paul Calandra, Ford's consigliere and the brains behind the operation. 

Shamefully, after more than two months on the Order Paper, he refuses to bring forward for debate the Integrity Commissioner's recommendation to the Legislature that it reprimands the disgraced ex Minister Steve Clark for his role in the Greenbelt scandal.

Second thoughts on dissolving Peel Region

We read today that Ford is having second thoughts about breaking up Peel Region because of the huge impact on taxes. 

The Bill dissolving Peel Region was never sent to Committee for detailed line-by-line scrutiny by MPPs. It just rocketted through the legislature at warp speed with no consultation with experts or the general public. 

Bill 136 which returns lands to the Greenbelt, Bill 150 which restores Official Plan boundaries and Bill 154 on Ontario Place have all sped through the Legislature in a matter of days.

Public consultation doesn't feature in the process. 

No Committee sessions

Paul Calandra was the sole witness giving evidence to MPPs in the Bill Committees for the Greenbelt and Planning reversals (Bills 136 and 150). The legislation on Ontario Place (Bill 154) went through with no Committee session at all.

The Acting Auditor General says the decision to move the Ontario Science Centre to  Ontario Place  was made without a full comparison of its costs or proper consultation.

How a Bill becomes Law

The Ontario Legislative Assembly's website explains "How a Bill Becomes Law" but this bears little comparison with the reality where legislation is rushed through.

Ford is not remotely interested in making sure policies are stress-tested before they reach the Statute Book. That's not his style.

What is to be done?

So what do we do with Governments which break the rules, jettison long-standing Parliamentary conventions, stifle and smother debate and ignore the law? 

There is no quick and easy answer to this.

Under our system the Government of the day, with a good majority, can pretty much do as it pleases and push things through - even when these have not been explicitly flagged up in an election platform. The Greenbelt changes were never mentioned by Ford in the June 2022 Provincial Election. Nor for that matter was Ontario Place.

In the absence of a written constitution we rely on politicians observing established rules and conventions. Not casually throwing them overboard. And yet this is what Ford does. He acts now and thinks later.

Deep Trouble

Professor Peter Hennessey, an authority on contemporary British political history, had Boris Johnson specifically in mind when he warned:

 “If the prime minister is the number one wrong ’un, you’re in deep, deep trouble. It’s shown us the fragility of our constitution.” 

So what do we do when our Premier is "the number one wrong'un"?

I'd like to see the Integrity Commissioner report on the rules and conventions of the Ontario Legislature as a way of sparking the debate we need to have.

But that's not going happen without Ford's agreement. 

Which takes us back to square one.

Discuss.

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Update on 8 December 2023: the Toronto Star editorial: Another flawed plan by Ford

Update on 9 December 2023: from the UK's Guardian newspaper: Peter Osborne writes: Boris Johnson is gone for good but his brand of empty populism lives on

Update on 13 December 2023: From the Toronto Star: Ford abandons plan to break up Peel Region

The legislature is now in recess until 20 February 2024.

From the Order Paper: Filed by Paul Calandra 30 November 2023