Queen’s Park Today – Daily Report March 21, 2019

Quotation of the day

“I need to work harder to be able to give you more good news!!”

Ontario’s former secretary of cabinet Steve Orsini texts Premier ’s chief of staff ​ ​ ​ ​ Dean French informing him Ron Taverner made the shortlist for the OPP commissioner job. ​ ​ ​

Today at Queen’s Park

On the schedule The House convenes at 9 a.m. The government could move any of the following pieces of legislation for morning and afternoon debate:

● Bill 74, The People's Health Care Act; or ​ ● Bill 48, Safe and Supportive Classrooms Act. ​

Two Tories and a New Democrat have backbench bills slated for the afternoon’s private members’ business debates:

● NDP MPP ’s Bill 76, United Nations Declaration on the Rights of ​ ​ ​ ​ Indigenous Peoples Act;

● PC MPP ’s Bill 42, Ending Discrimination in Automobile Insurance Act, which ​ ​ ​ ​ aims to put an end to auto insurance companies’ practice of charging drivers different rates based on where they live; and,

● PC MPP ’s Bill 79, Algoma University Amendment Act, which would ​ ​ ​ ​ reinstate the post-secondary institution’s expanded powers to grant degrees.

Wednesday’s debates and proceedings MPPs considered Bill 74 in the morning and Bill 48 in the afternoon, at second and third ​ ​ ​ ​ reading respectively.

Three private members’ bills were introduced Wednesday:

● ’s introduced Bill 84, Prohibiting Hate-Promoting Demonstrations at ​ ​ ​ Queen’s Park Act. Should it pass, the bill would give the Speaker power to ban certain groups from the grounds if they deem they’re “likely to promote hatred against any identifiable group.”

● Nathalie Des Rosiers tabled Bill 85, Election Fundraising Transparency Act, which ​ ​ ​ would close an apparent loophole in campaign finance law and restore a certification for donors that their contribution does not breach the ban on union and corporate donations.

● tabled Bill 86, Property Taxpayers Act, to increase the number of ​ ​ ​ “taxpayer representatives” on the board of directors at the Municipal Property Assessment Corporation from four to seven, rounding out at 16 board members.

In the park Post-secondary students continue sitting for a model parliament session this week.

Ethics watchdog clears Ford but finds Taverner hiring ‘troubling’ Premier Doug Ford did not breach the integrity act in the recruitment of his personal friend Ron ​ ​ ​ Taverner as OPP commissioner — but the process was “troubling,” says the ethics watchdog. ​

“I found that the Premier stayed at arm’s length from the recruitment process and that he believed it to be independent,” Integrity Commissioner J. David Wake says in a 102-page ​ ​ ​ investigation report released Wednesday. “However, I found that there were some troubling ​ aspects of the recruitment process and ultimately made the finding that the process was flawed.”

Wake’s probe was prompted by an NDP complaint about possible political interference in the controversial, now-defunct Taverner appointment.

The commissioner recommended the government, and all members of the legislature, establish an appointment process that is “independent, transparent and readily activated with predetermined criteria and membership on the selection committee.”

He said a fairer process is important “given the sensitivity of the relationship between the government and the police … and particularly when the appointee is a friend of the premier and the position is that of the Commissioner of the OPP.”

Ford called the report a “complete vindication” and told reporters he still “absolutely” believes the process was independent.

“It is now clear that, as we said from the beginning, this complaint was frivolous and without merit,” he said in a statement. “As the Integrity Commissioner added, the complaints coming

from the NDP and the Liberals based on media reports were found to be ‘speculative and unsupported by the evidence received at this inquiry.’”

According to testimony by Ford’s chief of staff, Dean French, he and the premier recommended ​ ​ Taverner for the OPP job to then-cabinet secretary Steve Orsini. (French later backtracked and ​ ​ said he could only speak for himself, not the premier.)

Orsini was on the hiring panel that selected Taverner and, according to Wake’s report, first reached out to Taverner over LinkedIn on October 17, before the job was posted.

Orsini communicated with French via text message during recruitment process Wake said the “most disconcerting” aspect was text message exchanges between French and Orsini with progress updates throughout the process.

“There seemed to be a tacit acknowledgement by the Secretary that Mr. French was rooting for Mr. Taverner’s success. Anyone examining these messages would have serious doubts as to the fairness of the process to the other candidates,” Wake says.

Wake provided one exchange from a November 9 meeting where a shortlist of candidates was considered.

“We just went through the applications for the OPP Commissioner. Ron Taverner has made the shortlist for interviews. He will be interviewed on Monday. I will keep you posted every step of the way,” Orsini texted.

“Wonderful. Best news all day,” French replied.

“I need to work harder to be able to give more good news!!” Orsini said.

“LOL…you are working hard enough already !” French said.

Orsini resigned over Taverner drama, report reveals In December after Taverner said he wanted his swearing-in to be delayed, Orsini prepared an order in council to appoint an interim commissioner, but the premier would not sign it — leading the public servant of 27 years to resign.

Orisini told the premier “circumstances since the recruitment was completed have called the appointment into question” and advised Taverner withdraw pending Wake’s review.

“If you feel that the installation must proceed, it is with a heavy heart that I recommend the appointment of a new Secretary of the Cabinet who will fully support your decisions as the Premier of ,” Orsini wrote to Ford.

The premier did not sign the OIC, saying he was “caught off guard” and wanted to consult his team. That’s when Orsini sent in his resignation letter, saying he understood “the Premier was not prepared to sign the OIC regarding the OPP commissioner.”

Taverner was not on the original shortlist of candidates Former deputy minister Matt Torigian testified in a conversation with Sal Badali of the ​ ​ ​ ​ third-party recruitment firm Odgers Berdtson that Taverner was not initially shortlisted. Badali ​ ​ ​ acknowledged Taverner would get an interview despite not meeting the qualifications — which were later lowered, allowing Taverner to apply.

Torigian also testified Orsini confided to him he felt pressured to hire “a friend of the Ford’s” and mentioned Taverner and another name that Wake’s report does not name, saying it is “unrelated to this matter.”

Among other bombshell nuggets, Wake’s report notes Chris Froggatt of Loyalist Public Affairs ​ ​ wrote the letter Taverner sent to the solicitor general requesting his swearing-in be delayed. (Froggatt is a key Ford and PC campaign operative who led the premier’s transition team and is currently chair of the party’s election readiness committee. He’s been in the headlines this week because expelled MPP charged him and French as the backroom operatives that ​ ​ orchestrated his ejection. The Tories deny the allegations.)

Ford was represented by longtime family counsel Gavin Tighe during his interviews with ​ ​ Wake’s office. Tighe was given a patronage appointment on the Public Accountants Council in October.

Taverner took himself out of the running for the position amid mounting criticism, and the PCs have already appointed his replacement, Thomas Carrique, who’s scheduled to swear the oath ​ ​ and assume command of the provincial force April 8.

Bill 66 revisited at committee The Tories’ omnibus Bill 66, Restoring Ontario’s Competitiveness Act, could set the province up ​ ​ for a legal fight over bargaining rights, say some construction labour groups.

The omnibus bill covers everything from pawnbroker law to chemical toxins to child care.

Schedule 9 amends the labour relations act to allow municipalities, school boards, hospitals, colleges, universities and other public bodies to hire non-union employees.

“It proposes to eliminate the collective bargaining rights of our workers,” said Patrick Dillon, the ​ ​ business manager and secretary treasurer of the Provincial Building and Construction Trades Council of Ontario, at public hearings Monday. “It violates workers’ rights to organize and

engage in collective bargaining.” He added that Paul Cavalluzzo, senior partner at Cavalluzzo ​ ​ LLP and a Charter expert, had submitted a legal opinion to back it up.

The Tories expanded the list of entities it would deem “non-construction employers” at clause-by-clause consideration Wednesday to include local housing corporations and social services boards. It also added an opt-out option for entities that hire trade union represented employees in the construction industry. If an entity wants to opt out, it must say so in writing to the labour minister within three months of the bill receiving royal assent. The minister can then publish the decision on a government website.

CUPE Ontario says the changes to the Labour Relations Act target unionized construction ​ ​ workers by deeming public entities, such as municipalities, school boards, hospitals and universities as non-construction employers.

“It’s hard not to see this as payback to some of the construction industry lobbyists, those like Merit Ontario, the second-largest contributor to Ontario Proud, a political action group that, strangely enough, advocated for this very government’s election,” CUPE representative Wynne ​ Hartviksen said in committee. ​

The Association of Municipalities of Ontario said the change in designation is a “win-win” for municipalities.

“Municipal governments can only contract out capital projects to bidders from a particular union. All of the qualified bidders, both unionized and non-unionized, are automatically excluded from the procurement process. The lack of competition drives up the cost of capital projects,” said AMO president Jamie McGarvey at Monday’s committee hearings. “This is not fair to municipal ​ ​ residents, and it’s not fair to the qualified contractors barred from bidding on municipal projects.”

But the New Democrats on the committee say Schedule 9 diminishes bargaining rights and sets the stage for a potential Charter challenge.

“The members of the existing unions will lose their benefits and their pensions,” NDP MPP told Queen’s Park Today. ​ ​

As promised by the government, MPPs voted unanimously to scrap controversial Schedule 10, which would have opened up the Greenbelt to development.

Bill 66 has been time-allocated and is due back to the House for third reading by Tuesday, ​ March 26.

Today’s events

March 21 at 10:30 a.m. – Innisfil ​ ​ Finance Minister will make an announcement at Georgian Downs. ​ ​

March 21 at 10:30 a.m. – Woodstock ​ ​ Premier Doug Ford, Environment Minister Rod Phillips and Agriculture Minister Ernie ​ ​ ​ ​ ​ Hardeman will speak to reporters before a roundtable discussion with agri-food business ​ leaders.

March 21 at 11 a.m. – ​ ​ Independent Police Review director Gerry McNeilly will release a report on strip searches in ​ ​ Ontario.

March 21 at 1 p.m. – Toronto ​ ​ NDP MPP is sponsoring a news conference in the media studio about opaque ​ ​ ownership and money laundering in the GTA real estate market.

March 21 at 1:15 p.m. – Toronto ​ ​ Energy Minister will make an announcement about the government’s plan to ​ ​ “clean up the hydro mess” in Macdonald Block.

March 21 at 1:30 p.m. – Mississauga ​ ​ Transportation Minister will address the Spring Cottage Life Show. ​ ​

Topics of conversation

● Education Minister Lisa Thompson landed in hot water Wednesday for saying larger ​ ​ class sizes will make students more resilient in an interview with CBC’s Metro Morning. ​ ​ ​

● Should MPPs get a pension when they retire? Former speaker Dave Levac makes the ​ ​ case to TVO’s The Agenda’s Steve Paikin. ​ ​ ​ ​ ​

● Queen’s Park alumni Jagmeet Singh has a memoir hitting the presses ahead of his first ​ ​ ​ ​ federal election campaign leading the NDP.

Question period

NDP lead-off Education cuts ● NDP Leader kicked off question period asking if the requirement high ​ ​ schoolers take four of 30 credits online to graduate will actually help students learn.

● Premier Doug Ford responded by trumpeting other aspects of the education overhaul, ​ ​ such as the math skills test new teachers will have to take. He also repeated there’s “not going to be any layoffs in education whatsoever.” The teachers’ unions and school boards say thousands of teaching roles are on the line.

Hillier allegations ● NDP MPP asked about expelled PC, now Independent Randy Hillier’s ​ ​ ​ ​ allegations the premier’s office engaged in possible illegal and unregistered lobbying activity.

● Ford responded to the question by chirping the Opposition for holding a fundraising event this weekend. He has stood by the claim the event was not advertised according to election law timelines, but the NDP have provided reporters with screen grabs that appear to show it was within the rules.

Independent question

● Liberal MPP asked Ford if he would share a list of meetings he and his ​ ​ staff have had with lobbyists since taking office. The Tories did not seem willing to oblige.

PC friendly questions Tories asked each other about campus sexual violence resources, French-language services, what they didn’t like in the federal budget and support for farmers grappling with “unprecedented levels of vomitoxin mould on last year’s corn crop.”

News releases — governmental

Ministry of Housing ● Minister Steve Clark was in Innisfil to announce a one-time investment to 405 ​ ​ municipalities to help find a way to improve service delivery. In all, $200 million will be doled out to lower- and single-tier municipalities with fewer than 25,000 households; rural municipalities with more than 25,000 households; counties; and the District of Muskoka. ○ The ministry refused to provide Queen's Park Today with a town-by-town ​ ​ breakdown of the funding, citing public announcements in the coming weeks. ○ Municipalities themselves were notified of their allocation Wednesday. Innisfil itself will get close to $677,000, according to a release.

Oops! Wednesday’s issue of Queen’s Park Today’s misquoted Premier Ford in QP saying Ontario ​ ​ could boast the “greatest” students in the country thanks to his government’s education reforms. He actually said “brightest.” We regret the error (and hope we’ve appeased the Hansard gods).

Queen's Park Today is written by Sabrina Nanji, reporting from the Queen's Park press gallery.

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