Comment 866

By scriptorium (anonymous) | Posted September 04, 2006 at 19:33:04

I'd like to comment on what other clauses in other legislation is left out - such as the Municipal Act - elected official has to comply with provincial legislation (the Muncipal Elections Act)
http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/01m25_e.htm

Then there is the Municipal Conflict of Interest Act - http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90m50_e.htm
Check for direct or indirect pecuniary interest
How did DiIanni vote say for interests that affected LIUNUA's interests? Apply to other donors such a Chair of Future Fund to DiIannis' campaign

Then there is the section of the Criminal Code that is ignored by police forces and the Crown's office - Part IV - called the Administration of Law and Justice. Check out the book on it - called Martin's Criminal Code at the Library - although they don't have the latest edition there. Read the definitions at the beginning of this part and then read Sections 122 and 123 - mostly the explanations in the cross references and annonations. You won't get an understanding if the legislation is perused on-line because it doesn't clarify previous cases.

What is very very odd to me is that the Ontario Government would write into its' legislation putting undue burdon on an elector to take carraige of municipal corruption cases - giving the opposition/defendant's legal council the opportunity to turn it into a political circus rather than a tool to administer justice and good government.

The Municial Conflict of Interest Act put onus on the elector to bring forward charges as I suspect the Municipal Elections Act does.

This doesn't make sense for the Ontario government to pass off its administration of justice duties onto an elector. The Province of Ontario has the Exclusive subject of Provincial Legislation as noted in the Constitution Act of 1867 (Canada's supreme law)
Item 15 of Part VI says this:

The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.

http://lois.justice.gc.ca/en/const/c1867_e.html#distribution

Where does it say in this section that it's the electors responsibility to enforce the Law of the Province?

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