Vaughan
September 04, 2008 10:22 PM
Jackson entitled to due process, prominent criminal lawyer says
By: Caroline Grech
Like a boxer stubbornly refusing to go down, Vaughan Mayor Linda Jackson is in the fight of her political life.
Still smarting from council’s decision to order Municipal Elections Act charges against her, the mayor fired back late Friday afternoon with a lawsuit against her own city.
The unusual move is being dismissed by her critics as an act of desperation, and one that’s driving an even bigger wedge between the embattled mayor and her fractious council.
Councillor Alan Shefman had harsh words for the mayor.
“This sort of behaviour by a mayor, by the CEO of the corporation, essentially attacking the corporation and still she sits there. I mean, I don’t get this. I’m just appalled at this behaviour,” Mr. Shefman said. “As I said from the day we received the report, if I were in her position I would resign because I wouldn’t want to hurt my city.”
Ms Jackson is fighting council’s decision to charge her for apparent contraventions of municipal election laws during her 2006 campaign.
Ms Jackson said in a sworn affidavit delivered to city hall last Friday that council acted in bad faith and didn’t follow the proper procedures,
She also wants the bylaw allowing prosecutor Timothy J. Wilkin to proceed with charges against her thrown out.
In June, councillors asked Mr. Wilkin to proceed with outlining the charges that would be laid against the mayor. That report is expected shortly.
In the meantime, Ms Jackson has hired prominent criminal lawyer Morris Manning to argue her case.
The mayor and her lawyer are remaining tight-lipped on the matter, which is set to be heard in Newmarket court Oct. 2.
“As the matter is before the courts, I do not have a comment for you at this time,” Ms Jackson said as she walked out of council chambers Monday.
When reached yesterday, Mr. Manning said, “I only know that when Linda Jackson, the mayor, is faced with a situation where the procedures that are followed don’t appear to have been followed lawfully, she is entitled to go to court and test it.”
In her affidavit, the mayor says several mistakes were made in accountant Ken Froese’s report, which she claims are based on interviews with biased sources. None of the allegations have been proven in court.
The affidavit outlines numerous problems ranging from council not sending the audit out to a request for proposal, to questioning whether Mr. Froese was licensed to carry out the audit.
Mr. Froese is the director of accountancy firm LECG Canada Ltd, he is a chartered accountant in investigative and forensic accounting, a certified forensic investigator and a chartered accountant. He said the audit report was done properly, in keeping with municipal law.
“We think it was an appropriate structure because it was a joint arrangement with Glen R. Davison, who is licensed under the act,” Mr. Froese said Wednesday.
Mr. Froese also worked on the case involving Hamilton Mayor Larry Di Ianni, who was found in contravention of the Municipal Elections Act.
But while the mayor and her lawyer are mum on the matter, emotions ran high amoung some councillors.
“I feel very confident council made an appropriate decision, and this to me is a mere stall tactic on behalf of the mayor,” Joyce Frustaglio said.