Rob Ford Granted Stay of Decision

In a completely unsurprising turn of events, Rob Ford was granted a stay of last week's decision removing him from office. This doesn't mean much besides the fact that all the talk of "Goodbye Rob Ford!" was premature at the very least. It also means that the appeal, which sounds like it'll be heard in January, will be very interesting indeed. I still think Ford's best shot is to challenge Justice Hackland's assessment of his section 4(k) defence under the Municipal Conflict of Interest Act, but we'll see what happens. I would have bet on Ford winning at trial, but after how things went down at trial... It's hard to say how this will turn out.

A Few Quick Thoughts on the Rob Ford Thing

Note: If you're not invested in the local politics of Toronto, Ontario (it's in Canada) then you can probably tune out now.

Those of you still reading will have no doubt heard by now that Mayor Robert Ford was removed from office this morning for contravening the Municipal Conflict of Interest Act [aside: today is probably the most traffic Ontario's e-laws website has ever gotten]. Justice Charles Hackland suspended the verdict for two weeks in recognition of the major administrative changes the decision necessitates for the City of Toronto. However, the plain truth of the matter is that "the seat of the respondent, Robert Ford, on the Toronto City Council, [is] vacant" (paragraph 61 of the decision, available here).

This is a pretty surprising decision. As numerous outlets discussed this morning, Justice Hackland didn't have a lot of options in terms of his decision. Add to that the fact that Ford painted himself into a corner at trial by "pleading incompetence" (in the words of Matt Gurney), and the inadvertence / good faith error in judgment option was pretty much (though admittedly not entirely) off the table. However, what we ultimately got still seemed like the least likely of the choices open to Hackland.

Reading through the decision, the finding that Ford's actions constituted a conflict seems pretty solid. It's boring and technical and dense, but that's the nature of the administrative law territory that we're in with a municipal conflict of interest question. So if he contravened the Act then the only outs for Ford are via inadvertence, a good faith error in judgement, or the amount involved being "remote or insignificant in nature." As the decision and Gurney's "pleads incompetence" piece above demonstrate, the inadvertence defence is definitely inapplicable here and the good faith error route seems unlikely too.

So that leaves the section 4(k) defence that the amount was insignificant, and at only $3150 that seems like a pretty reasonable assessment (when you consider the Mayor's salary). Dealt with in just four short paragraphs (41 - 44), Hackland's finding that the amount was significant to the Mayor seems like the one major blindsport in the decision. The finding is based on Fords comments to City Council, which immediately places it on shaky ground. From a statutory interpretation perspective, there's absolutely no analysis of what could "reasonably be regarded as likely to influence" Mayor Ford, which should be the driving force in any determination of whether the saving provision applies. Additionally, putting the focus on Ford's comments directs the focus away from the pecuniary nature of "the interest" and into the distinctly political territory of what Rob Ford actually values. Granted, what I've just cursorily written is an off-the-cuff and suspect legal-ish analysis, but at the end of the day Hackland's decision on Ford's section 4(k) defence is minimal at best. It presents the most obviously viable option for Ford's inevitable appeal, and that's really what I wanted to get to in all this...

Mayor Ford is going to appeal Hackland's decision, which will almost certainly be stayed pending the outcome of that appeal. I'd be shocked if anything different happened (even moreso than if the appellate court ultimately upheld Hackland's verdict). Torontoist.com has a pretty good run down on the possible paths this whole thing could take in the coming days, but I think they overestimate the likelihood of Ford not getting a stay of the decision pending appeal. As acknowledged in the decision at paragraphs 46 and 47, the Act has been criticized as "Byzantine" in how the only order available in the case of a conflict is the "sledgehammer" remedy of removal from office (the aforementioned saving exceptions notwithstanding). It would be exceedingly unusual if Ford's inevitable motion for a stay was rejected. Whether or not he can get it in the fourteen days available, that's a bit of a murky question. But if he can get it in front of a court fast enough then he's almost guaranteed a stay, and that means the whole "Ford's out!" reaction that's been sweeping social networks is likely getting ahead of itself.

Again I'd also be surprised if the decision wasn't ultimately overturned on appeal. The analysis of Ford's section 4(k) defence seems pretty suspect, and I wouldn't expect it to hold up to scrutiny. But then I was also betting that Hackland wouldn't oust Ford in the first place, so what do I know? This morning's verdict came as a surprise, time will tell if more are to follow.

In any case, let's also take a moment to reflect on the ramifications of this decision. Regardless of your feelings about Mayor Ford (I'm a cyclist so you should be able to guess mine), it doesn't exactly feel vindicative to have him removed from office on a technicality. That's not to take away anything from the finding of a conflict, on the contrary I think it's well founded. But the fact that it's sufficient to remove him from office may lean in favour of arguments against the structure of the Act, and the nature of the City of Toronto institution. The decision will most certainly be used in this manner (regardless of its validity), with Ford's next platform inevitably sounding something like "Detangle the mess of rules," or "Straighten out the sticklers to get things done," or "[Insert witty 'Gravy Train' reference here]." Even if Ford is ultimately removed, this method of doing so gives him or his successor that convenient pariah platform to run on, just as he did (successfully) last time. Claim all the rule of law moral high ground you want, at the end of the day this way of getting him out of office will only widen the divide between his supporters and his opposition in a way that a democratic ousting by voters never would.

So Ford has received a pretty severe slap on the wrist. Was it deserved? Yes and no, and we'll see what an appellate court does with that. Will it matter? Maybe, but hopefully only in a positive sense of making accountability and professionalism important qualities in City of Toronto politics. Hopefully not by giving Ford a new platform or exacerbating the political disenfranchisement he was able to ride in on in the first place. Time will tell.

From Around the Web - 9/19/10

There's nothing I particularly want to rant about today so I decided to save my energy and just post a few links. I felt that would be best for all our sakes. Also, it's International Talk Like A Pirate Day and I was extremely tempted to write this whole post in pirate-speak. I got one sentence in before I decided that was a terrible, horribly irritating thing to do. When I found myself looking up the word "avast" in the dictionary I decided to take my own advice and give up on the gag. I feel this will be best for all our sakes. Without further ado here's what's interesting elsewhere in cyberspace:

Retina Displays: One step-closer to a reality for consumers, still tragically ridiculous in appearance

Some interesting statements by one of the poor bastards facing charges from the RIAA for downloading music. Also a site for discussion of new media and copyright issues

Bill and Ted 3. Seriously, it might happen. Maybe the most exciting thing I've read this year.

A series of articles predicting twelve things that will be obsolete in ten years. Very futurist, very cool

Amusing videos: Tornado in Brooklyn + two idiots that give the double rainbow guy a run for his money. Also, even Cthulhu is getting in on the Old Spice phenomenon

Toronto, my home, I weep for you

Scott Pilgrim Video Game

Top 10 Reasons This Game Looks Awesome:

1. It's Scott Pilgrim!
2. It's totally old-school
3. It looks exactly like the comics, only in motion and in colour
4. The amazing 8-bit music
5. It features a level on the TTC!
6. The in-game currency is actually Canadian! I see Toonies!
7. The developers are working the telltale Scott Pilgrim humour into the game mechanics (see the guitar battle sequence)
8. The awesome Akira reference in the fight with Todd
9. 4 player online co-op
10. The buzz for the game is really positive

11. Did I mention that it's Scott freakin' Pilgrim?!

My growing excitement for the explosion of the Scott Pilgrim franchise continues unabated. Add August 10 to the list of dates when I'll be doing something decidedly Pilgrim-related.

Cool Stuff: Sky Blue Sky Sandwich Company

There's a sandwich shop in Toronto called the Sky Blue Sky Sandwich Company, named after Wilco's 2007 album Sky Blue Sky. Every sandwich on the menu is named after a Wilco song, and since hearing about this place I've spent a lot of time listening to Wilco songs and thinking about what each of them might taste like.

It's a pretty novel idea, and as soon as I heard about the place I knew that I needed to try the "One Wing" and/or the "Side With The Seeds." This gimmick puts me in the strange position of ranking my desire for sandwiches based on both their ingredients and also how much I enjoy songs that really have nothing to do with food. For example, a Pitchfork news post about the shop describes the "California Stars," which is unfortunately no longer featured. Unfortunate not because the sandwich sounds tasty, but because I love that song, and thus want to eat it. This seems to be some new and strange horizon for musical appreciation and I for one fully support it.

Last night a friend and I visited the cafe for the first time, and I can say that the sandwiches are awesome as well as cleverly named. On the proprietor's recommendation I decided against the "Side With The Seeds" and instead had the "Wishful Thinking." Not because I liked the second song more than the first (quite the contrary), but because I have more of a penchant for mushrooms than tomatoes. Seems this really is about the food first and foremost after all. Go figure. My friend had the "Via Chicago" and it was, in a word, scrumptious. In addition to the fantastic food the cafe featured an incredible atmosphere, with Wilco tour posters adorning the walls and tasteful music playing on the stereo. The staff were also incredibly friendly, offering the aforementioned helpful recommendations as well as good conversation about nature of running a sandwich shop. All in all it was a great visit, and I look forward to many more in the coming months.

If you are in the Toronto area and like food and/or Wilco then I strongly recommend you check out the Sky Blue Sky Sandwich Company. Come for the novelty, stay for the amazing sandwiches. Just don't ask for Wilco The Sandwich.

Thus ends the mayoral campaign of Adam Giambrone...

Damn that was fast.

Admittedly I haven't been Giambrone's biggest fan, but that's mostly because of the problems with the TTC. His arrogance made him an easy person to blame, and his desperate campaign to become the TTC's public face has made him the natural target. That said, the TTC is a gigantic and historic organization, and its problems are not his fault. He certainly hasn't helped matters, at least not in a public or tangible sense, but it's likely that he's been trying, albeit impotently thus far.

It's a shame that he's out of the race if only because it's one less voice in the mix. He's a young man, so maybe he'll be able to run again in the future, but he could have brought a new youthful perspective to this race. It's also a damn shame that his departure came as a result of his personal life, not his politics. I'm not defending what he's done, but do his actions discredit his potential as an elected official? I wouldn't recommend dating him, but there wasn't time to develop a strong opinion towards voting for him. Now he's out of the race because he lives in a way that the moral majority doesn't agree with, and his actual politics are secondary in a political election.

That's too bad.

From Around the Web - 1/30/10

Adam Giambrone REALLY wants to be the mayor of Toronto, but somehow seems like a disingenuous tool

Kanye West is blogging again. This is fantastic news. I may write an entire post on this tomorrow.

The most amusing new blog I've encountered in weeks

RIP Joss Whedon's Dollhouse. io9 discusses some of the reasons we loved you during your brief and problematic run.

From Around The Web - 1/26/10

If I had been Errol Morris I probably would have shit my pants when I got this message in writing on official Miramax letterhead. Harvey Weinstein is clearly a corporate badass, and would most likely eat me.

Why hire a real secretary when you could just buy an iLane? All the benefits without the hassle of having to deal with a real, live woman!

I just learned the sad news that The Big Bop is closing. For all those who don't live in Toronto, this was a rock club that featured all ages shows. I spent a large proportion of my youth there and it's sad to see it go.

Ok, so I lied. There was at least one awesome thing about Youth In Revolt: it introduced me to this song

Toronto's Crippled Transit System

Ok, so maybe crippled isn't the right word. That would imply that it was at some point fully functional, when in fact that TTC system is and always has been a bit of a mess. Or at least it quickly became one.

This morning someone tried to sell me a clearly fake TTC token on my way to work. If he had wanted to put less effort into the job he could have just shaved down a penny. Appropriately, The Torontoist published an article today in which TTC Chair Adam Giambrone attempts to explain why Toronto is so far behind the curve on fare collection methods.

Giambrone tries to work the positive spin, saying that the TTC might "skip" rather than "miss" modern technologies via late adoption. It's not completely without merit, but it's still a "we're the last one to the party so we'll bring what you all forgot" type argument.

The fact that Toronto is lagging in terms of electronic fare collection is only one facet of our complete failure to have a sufficient transit system for a city of commuters. The fare's that are collected are far too high, with a monthly pass costing an unbelievable $109, and what's more these prices are likely to increase any day now. Our subway system has only two major lines, one of which is too large and reaches many destinations too close together to truly justify different stops. The two smaller lines cover specific non-central areas competently, but are so specialized that they are almost irrelevant.

Beyond that we have a massive and unreliable system of buses to cover the vast majority of the city. Add to that the inherently restricted streetcars which have resulted in the destruction of major thoroughfares en masse (I'm angrily looking at direction of St. Clair West). Furthermore, the GTA is only covered by additional transit that is completely separate from the basic transit costs. The city is mired by poor transit conditions that cost too much for too little and encourage people to drive.

Most major cities around the world have adopted electronic fare collection, and its high time we did too. This will cut costs by streamlining the process of paying for and getting on trains and buses, and will save money on the archaic transfers and ridiculous counterfeit tokens. It will allow us to direct the human resources of the TTC more effectively, and perhaps make the necessary updates to the system that we have been promised for years.

The fact that we are still so behind is completely unacceptable, especially for a city that purports to be making an effort to go green and reduce car emissions. Toronto is supposed to be one of the leading cities in Canada; we acted as though we actually deserved the Olympics for Pete's sake! It's time our transit system started to reflect our position, not the inflated size of our ego.

Crown versus Michael Bryant

Kirk Makin has published a good piece outlining the Michael Bryant case in the Globe and Mail. It'll be interesting to see how this goes down in court. My money's on him walking.

A great step for cycling in Toronto

There are now "sharrows" on Bloor St. E, between Yonge and Church. This news seemed worth another post, even just for the link

And the bike debate rages on... (links)

Terence Corcoran is an idiot

Christopher Bird is not

Complete Streets are the way to go

Torontoist.com get all credit for this post, I'm just sharing

The Problems with Cycling in Toronto, a Manifesto of Sorts

As I start to write this I feel like letting out a sigh of relief and release: finally. I've been trying to write something, anything on here for what feels like weeks, though I suppose it's only been a few days. After a few geeky and not particularly invigorating posts and then a whole slew of video embeddings, I'm finally getting back to my ramblings and ravings.

I've been super busy at work promoting an event my organization is putting on this week, the international premiere of a documentary called "So Far From Home." It captures the stories of five journalists from conflict regions who put themselves at risk in order to do their jobs. If you're in the Toronto area you should come out and see the film. There's also going to be a panel discussion with the featured journalists after the screening, moderated by CBC's Carol Off. For more info, here are two links to the Facebook event listing and the press release. Anyways, that's why I've been so busy and unable to write.

Now that I'm done with that lengthy preamble, on to the meat of what's been on my mind lately...