The evidence points to a breach of ethics, but Integrity Commissioner sees none

Ontario's Integrity Commissioner was of the opinion that it was fine for lobbyists and property developers to pay to attend the stag-and-doe of Doug Ford's daughter.

“Ontario’s Integrity Commissioner should not have rolled over like a lapdog and approved, without even investigating, the gifts and money Premier Ford and his family received from lobbyists and developers who attended his family’s party,” said Duff Conacher, Co-founder of Democracy Watch.

The national non-profit is calling on the Ontario Integrity Commissioner, David J. Wake, to investigate and rule whether Premier Ford violated the provincial government ethics law.

In a letter sent last month, Democracy Watch called on Wake to investigate and rule whether Ford violated provincial government ethics law when his family accepted benefits from lobbyists and property developers invited to his daughter’s stag-and-doe party in August 2022.

Despite the fact that these lobbyists and developers often seek favourable decisions from Ford’s Cabinet, Wake issued an opinion clearing Ford of any wrong doing based on information and claims made by Ford.

No evidence was produced to show that Wake actually asked Ford who invited the lobbyists and developers to the party.

Wake’s opinion failed to produce evidence that he failed to investigate what the invitations requested in terms of donations to Ford’s daughter.

Wake did not gather information about whether any lobbyists donated prizes, like the Vespa scooter, that party goers could win.

The commissioner also failed to make the opinion available in full on his website.

Conacher pointed out that it’s a violation of the provincial Members’ Integrity Act (MIA) (subsection 6 (1)) to accept a “free gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office.”

The Commissioner’s own guideline clearly states. “MPPs should avoid circumstances where a reasonable person might conclude that a gift or benefit was given with an intention to influence them in carrying out their duties.”

That means MPPs can only accept basic gifts or benefits when attending public community events.

The guideline clearly states that MPPs should check with the Commissioner’s Office before accepting a gift.

It also states that MPPs are required to file a disclosure form with the Commission within 30 days after receiving any gift or benefit worth more than $200.

Ford waited five months before asking the Commission’s opinion. In media reports the Commissioner made no mention of Ford disclosing anyone, or any group, giving more than $200.

According to Conacher, Ford’s 2022 financial disclosure form doesn’t list any gifts or benefits either.

If Wake had ruled the gifts illegal, then Ford may have also violated ethics law by participating in decisions to open up the Greenbelt for development.

Instead, Wake was of the opinion that it was fine for lobbyists and property developers to pay to attend the stag-and-doe.

The decision was based on Wake’s conclusion that Ford didn’t know about the gifts even though Ford knew the ticket price and who attended the party.

Wake’s findings were also based on the assumption that the property developers are friends of the Ford government. In fact, there is no exception for accepting gifts and benefits from friends if they are lobbyists, or others, seeking favourable decisions from Ford’s Cabinet.

The decision also hinged on the argument that no government business was discussed at the party.

Media has reported that property developers with a stake in developing the Greenbelt attended the wedding of Ford’s daughter. What is yet to be confirmed is whether these same property developers also paid the ticket price and /or made a donation over and above that for the stag-and-doe.

Conacher maintains if any Greenbelt developers did pay, or donate, to attend the party, then Commissioner Wake should find that Premier Ford violated the gifts rules in the MIA.

Additionally, Conacher says, Wake should find that Ford participating the decision to open the Greenbelt to development violated the rules in the MIA that prohibit improperly furthering the interest of anyone or any entity.

This is not even close to the first time that Wake has sided with Ford.

When Ford participated in the decision to appoint his good friend Ron Taverner as OPP Commissioner and as an executive at the Ontario Cannabis Store, Wake let Ford off.

Even though Wake had clear evidence that members of Ford’s staff had given Taverner preferential treatment in violation of the rules, he did not find fault.

Ford appointed his campaign adviser and staff person Jenni Byrne to the Ontario Energy Board and appointed his family lawyer to chair the Public Accountants Council. Yet, Wake found no improprieties.

Dozens of lobbyists have been cleared of violations of Ontario’s lobbying law by Wake. In fact, Democracy Watch is currently challenging those rulings in court.

“Commissioner Wake should conduct a full investigation, and if he finds that property developers with Greenbelt connections provided any gifts or benefits to the Ford family, he should also find that Premier Ford violated the ethics law by participating in the decision to open the Greenbelt to development,” concluded Conacher.

Hear my conversation with Duff Conacher about The Honesty In Politics Act and The End Secret Unethical Lobbying campaign here: https://rabble.ca/podcast/democracy-watch-hold-dishonest-politicians-accountable/

For more about Democracy Watch’s Unethical Lobbying Campaign.