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.

Skyfall: Goldeneye Redux

I'm going to start this review off by dating myself in saying that my first experience of the James Bond franchise was Martin Campbell's 1995 classic Goldeneye. As the first Bond film after the fall of the USSR, Goldeneye was explicitly about whether or not the Cold War era icon could exist in a post-Soviet world. It was a brilliantly layered piece of meta-cinema that enamoured me with both the Bond franchise and film generally. It's no surprise then that I so thoroughly enjoyed Skyfall, as in many ways it's as near a remake of Goldeneye as we're likely to see on screen.

Skyfall is once again a meta-narrative about James Bond's continued relevance in the modern world. Just as Campbell's Goldeneye did in 1995, Skyfall reiterates that Bond may be an old hand but he's definitely not ready to be retired. Curiously, the 2006 reboot of the Bond franchise, Casino Royale, was also a movie that reasserted the franchise's ability to entertain after The Bourne Identity shook up the spy genre in 2002. That makes (count em) three Bond movies in the last two decades that are broadly about the concept of whether or not James Bond is still a fertile source of storytelling. I'd also go so far as to say that the three films in question are not only the best the franchise has had to offer since the fall of the Berlin wall, but moreover among the best Bond movies ever made. Maybe it says something about the Bond franchise that its best contemporary work is repeatedly its continued assertion of its own relevance. But whatever the answer to that question, it does nothing to detract from the quality of Skyfall.

Whereas Goldeneye examined whether or not Bond could exist after the Cold War (answer: yes) and Casino Royale asked whether Bond could keep up with Jason Bourne (answer: also yes), Skyfall explores whether or not Bond today is -- or can be -- the same old Bond he's always been. 50 years on and the spy who loved me is getting a bit introspective, go figure. In any case, the answer is most definitively yes, as Skyfall explicitly asserts that 007 has still got it, is still needed, and is more like his old self than ever. In some ways this movie bring the franchise full circle since the Casino Royale reboot, and while I could explain or substantiate that claim to do so would be spoiling much of the fun that Skyfall has in store. The film is littered with both commentary on and vestiges of Bond's old fashioned ways, and that's a huge part of its meta-cinematic appeal. The best description I've heard of Skyfall was Drew McWeeny saying it's a fitting tribute to where the franchise has come from, and also a sign of where and how it will move forward. It's cryptic, it's accurate, and fans should see the movie to understand what it means.

If I have one complaint of Skyfall it's that it frankly wasn't very clever. For a film so littered with meta-cinematic references, nods to a rich franchise history, and a villain that explicitly calls for intelligence over brutish violence, Skyfall is fairly predictable and by the book. Maybe that's because of its role as the series' 50th anniversary and semi-reboot (although it'd be more accurate to call it a re-grounding), but I never found myself surprised by the movie. It's very traditional in how its three acts function and are clearly delineated, and just about every standout object or quip has an obvious Chekhovian callback in store. The result is that nothing in Skyfall is surprising, but likewise nothing feels unnatural or forced. Predictable though it may be, the film is expertly crafted in terms of its tight script and effective (and appropriately cheeky) handling of 50 years worth of franchise lore. Given what it's trying to do I suppose it makes sense that Skyfall doesn't so much try to reinvent the wheel as much as reintroduce and refine it. Shocking twists or not, the movie is extremely effective in what it sets out to do, and though you'll see the end setup coming a mile away you'll enjoy the journey there all the same.

It also can't be said strongly enough that Skyfall is a stunningly beautiful film. I saw it on a regular sized screen and as I write this sentence I'm kicking myself for not making the effort to see it in IMAX. Shot in digital by Roger Deakins, Skyfall is the obvious choice for the Best Cinematography Oscar. I was constantly reminded of Conrad L. Hall's legendary work on Road to Perdition, and the obvious takeaway is that director Sam Mendes has both an incredible aesthetic sensibility and a great working relationship with his directors of photography. Numerous shots straight up took my breath away -- particularly those in the third act -- and they stand out as strong arguments in favour of digital film as a medium. I've never seen a traditionally shot film capture shadows, fog, and refracted light the way they are in Skyfall, and in that sense it's a defiant statement about the unique potentials of modern filmmaking. The superb cinematography reflects the film's themes and narrative exploration of contemporary refinements on traditional concepts, and the interplay and coherency of these various aspects of Skyfall are what make it among the best Bond films ever made.

Just as Goldeneye did after the Cold War ended, Skyfall reinvigorates the classic Bond formula and shows that 50 years on the old dog still has a few tricks up his sleeve. The film is a reverent ode to franchise canon that makes the whole shtick feel as fresh and relevant as it ever has. Beyond that though, Skyfall is a fun, exciting, breathtakingly beautiful movie that stands out as one of the best films of 2012. Don’t miss it, and if at all possible make sure to see it in IMAX.

Matty Powell: Kiss the City

My friend Matty Powell released a new album called Kiss The City this past weekend. It's still very much tied to the folk-music tradition like his previous work, but shows Matty expanding his sound with higher production and more varied supporting instruments. However he stays true to his strengths, letting his voice and acoustic guitar shine through as the central unifying forces on the album.

The new approach serves Matty well on many of the songs, giving them a texture and depth that elevates them from campfire singalongs to true pop tracks. Nowhere is this more noticeable than on "Freja," which has been expanded from a cute acoustic ditty to a fully fleshed out ode from a loving father. Likewise, "Toronto" is given mesmerizing new life via a full accompaniment that brings out the song's bittersweet sense of nostalgia. The searing lead guitars on songs like "Yellowquill" and "Smoke Rings" make them sound like something by Greg Keelor. Meanwhile, the supporting instruments help Matty come out as a joyous musical preacher on the patently silly "A to Z of Apple Trees."

However, at times it unfortunately seems like the production is outside Matty's comfort zone. The background synths added to "Any Other Way" make the song sound unsure of its own direction. There's also a tinny sound to much of the album that detracts from its acoustic roots. Matty also stumbles at the songwriting level in a few places, such as with the over-rhyming in "Beatrice" or the awkward spanish verse in "The Creek."

However, one thing that can be said of every song on Kiss The City is that Matty's catchy chord structures and earnest vocals give them undeniable heart. Even when the production gets away from him or the lyrics don't totally work, there's a strength and conviction to Matty's delivery that makes his work endearing. This is a big part of the reason he's a great folk artist, and some of the album's best tracks succeed in capturing this raw essence: songs like "This Cigarette" and (albeit to a lesser extent) "Beatrice" display an unabashed singer-songwriter who's completely without pretension.

Kiss The City shows an artist in transition, playing with new and bigger sounds to move from being a troubadour to a multifaceted pop-folk act. Sometimes he falters but never seriously, and all throughout he retains the earnestness and talent that made his earlier work so affective. It's certainly more evolution than revolution (both in terms of Matty's style and generally speaking), but Kiss The City is a worthwhile addition to the pop folk canon and to Matty's discography. I for one am excited to see what he does next, and to see him live (again).

The Big Picture: Skin Deeper & Race in Cloud Atlas

Ok so I know I shared MovieBob's The Big Picture pretty recently but his latest video is particularly good and deserves some more attention. This week MovieBob has tackled the critiques against Cloud Atlas for its use of white actors in non-white roles, specifically to depict Asian characters. Bob's defence of the film is elegant and, while slightly spoilerish, deserves to be seen regardless of whether or not you've seen the movie. This is a really tricky subject and I think Bob does a good job at showing why the "racebending" in Cloud Atlas is actually a good thing because of how it lets the movie effectively convey its anti-prejudicial message. It's a delicate balance and a tough sell, but Bob makes a compelling argument in Cloud Atlas' favour that I think everyone would benefit from hearing. Obviously it's a political message that is intended to have meaning beyond the film, and by proxy this video is a political statement in that it explicates and endorses that message. Give it a watch and sound off in the comments on your thoughts about the "yellowface" in Cloud Atlas.

The Escapist : The Big Picture : Skin Deeper

Ben Franklin Was a Dirty Dude

The recent release of Assassin's Creed 3 has allowed the less historically inclined to enjoy some of the more offbeat moments of America's past, including the eccentricities of Ben "Founding Father" Franklin. Kotaku has put together a video showing off Franklin's rant about why men should take older women as mistresses, and it should not be missed. None of this should be surprising if you've looked into Franklin's history before, but the accurate depiction in a blockbuster video game is likely to surprise a lot of gamers. Check it out below:

I'll have much more to say about Assassin's Creed 3 soon so check back if you're curious about the game.