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Integrity Commissioner's Report

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Integrity Commissioner's Report Legislative Assemblée Assembly législative of Ontario de l’Ontario OFFICE OF THE INTEGRITY COMMISSIONER ~ REPORT OF THE HONOURABLE J. DAVID WAKE INTEGRITY COMMISSIONER RE: THE HONOURABLE DOUG FORD, PREMIER OF ONTARIO TORONTO, ONTARIO March 20, 2019 Table of Contents Executive summary ....................................................................................................................................... 3 I. Background ........................................................................................................................................... 4 II. Legislative framework and burden of proof ......................................................................................... 9 1. The inquiry process .......................................................................................................................... 9 2. Sections of the Act relevant to the issues ........................................................................................ 9 3. Burden and standard of proof ....................................................................................................... 10 III. The requests and Premier Ford’s response ........................................................................................ 11 1. Kevin Yarde’s request ..................................................................................................................... 12 2. John Fraser’s request ..................................................................................................................... 14 3. Premier Ford’s response ................................................................................................................ 14 IV. The inquiry process ............................................................................................................................. 16 V. Evidence and findings of fact .............................................................................................................. 17 1. Background .................................................................................................................................... 17 2. Relationship between Premier Ford and Ron Taverner................................................................. 18 3. Position at the Ontario Cannabis Store .......................................................................................... 21 4. OPP Commissioner Vince Hawkes announces retirement ............................................................ 24 5. Planning for the recruitment process begins ................................................................................. 26 6. Announcements regarding Deputy Minister of Community Safety .............................................. 31 a) Matt Torigian’s departure ........................................................................................................... 31 b) Steps taken to replace Mr. Torigian ............................................................................................ 33 7. Communications between the Secretary of the Cabinet and Mr. Taverner .................................. 37 8. Advertisement ................................................................................................................................ 40 9. The application process ................................................................................................................. 49 10. Selection of candidates and the interview panels ......................................................................... 50 11. First interview ................................................................................................................................ 54 12. Second interview ............................................................................................................................ 56 a) Dean French recuses himself from the interview panel ............................................................. 56 b) The interviews and selection of successful candidate ................................................................ 59 13. Validity of the recommendation to Cabinet .................................................................................. 62 14. Cabinet decision of November 29, 2018 ........................................................................................ 63 a) Arrangements for Cabinet meeting ............................................................................................ 63 1 b) The Cabinet meeting ................................................................................................................... 66 15. Reaction to the appointment ......................................................................................................... 67 16. The Secretary’s resignation ............................................................................................................ 72 17. Appointment is postponed and new OPP Commissioner appointed ............................................ 75 VI. The issues ............................................................................................................................................ 76 VII. Opinion ................................................................................................................................................ 77 1. Section 2 – “private interest” ......................................................................................................... 77 a) Legal principles ............................................................................................................................ 77 b) Application .................................................................................................................................. 78 2. Sections 2 and 4 – “improperly to further another person’s private interest” ............................. 79 a) Legal principles ............................................................................................................................ 79 b) Application of the five factors to the facts of this case .............................................................. 86 3. Section 8 ......................................................................................................................................... 93 a) Legal principles ............................................................................................................................ 93 b) Application .................................................................................................................................. 94 4. Section 16 ....................................................................................................................................... 95 a) Legal principles ............................................................................................................................ 95 b) Application .................................................................................................................................. 95 5. Could Premier Ford’s government have proceeded with the appointment of Mr. Taverner in spite of my finding that the recruitment process was flawed? ..................................................... 96 VIII. Conclusion ........................................................................................................................................... 98 IX. Recommendations .............................................................................................................................. 99 2 RE: THE HONOURABLE DOUG FORD, PREMIER EXECUTIVE SUMMARY This report relates to requests for my opinion made by Kevin Yarde, the Member of Provincial Parliament for Brampton North and John Fraser, the Member of Provincial Parliament for Ottawa South, under section 30 of the Members’ Integrity Act, 1994 (the “Act”) regarding the Honourable Doug Ford, Premier of Ontario and Member of Provincial Parliament for Etobicoke North. The requests dealt with the appointment of Ron Taverner, a friend of Premier Ford, as Commissioner of the Ontario Provincial Police. Mr. Yarde and Mr. Fraser alleged that Premier Ford was in a conflict of interest in regard to the appointment, that he interfered in the appointment process and that he failed to recuse himself from the decision. Collectively, they cited a breach of section 2 (conflict of interest), section 4 (influence), and sections 8 and 16 (procedure on conflict of interest). The inquiry was conducted over a three-month period during which time 21 witnesses were interviewed in person, evidence was received from another eight individuals in writing and more than 3,500 documents were reviewed. Much of the evidence was gathered through the exercise of my powers under section 33 of the Public Inquiries Act, 2009 to summons witnesses and to have them produce relevant documents. I was satisfied with the level of cooperation shown by all witnesses and their counsel in this inquiry in making themselves available and producing the documents being sought. It was my opinion that on the evidence, Premier Ford did not breach any of the sections of the Act, as alleged. I found that the Premier stayed at arm’s length from the recruitment process and that he believed it to be independent. However, I found that there were some troubling aspects of the recruitment process and ultimately made the finding that the process was flawed. The report raises important questions about the appointment power of the
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