Friday, May 17, 2013
It is possible the allegations against Mayor Ford are false or perhaps dated (none of the apparent current references supposedly made by the mayor during the infamous tape could not have been made in the past).
That said, the obvious question is, should Mayor Ford be charged with possession of crack cocaine does he then lose his post? The short answer is "no".
Standing alone criminal charges do not affect the right to sit as mayor. In fact, Ontario's municipal laws provide very little way to remove a mayor convicted while in office of a crime.
For example, in 2007, Jim Jones, deputy mayor of Markham, was convicted of assault. As a Markham spokesperson noted Mr Jones would "certainly be eligible to continue to serve" as a York Region councillor. Mr Jones was not a mayor but the ability to remain in office applies the same to mayors.
The only limit on a mayor serving when criminal charges are pending is where the mayor os actually "serving a sentence of imprisonment in a penal or correctional institution." (Municipal Elections Act). And to get an actual sentence of imprisonment is quite difficult - it is most unlikely that someone like Mr Ford would be sent to prison for smoking crack cocaine, especially for a first crack offence.
Absent inprisonment there is really no way to remove a mayor who is charged with an offence. There are no legally-binding mechanisms to impeach, recall, or force resignation on a mayor in Ontario.
Accordingly, whatever is worrying Mr Ford, an expulsion from office because of the crack scandal before the next election should not be high on his list.
Thursday, May 16, 2013
CBC v. Her Majesty The Queen, 2013 NUCJ 06:
 I am satisfied that section 486.4 is applicable where the Crown only wants a publication ban on the name of the complainant. The order would usually be requested at the first appearance in court and there is no requirement to give notice to the media. However, where the Crown seeks to ban publication of the name of the accused or other details contain within the information in the court file or revealed in court, it must abide by the provisions of section 486.5 and give notice to the media as provided in 4 (b) above.