Details

Written by Gordon Prentice

Published: 02 December 2018

The inaugural meeting of York Regional Council could be a moment of high drama - or it could be a damp squib. 

At the first meeting of York Regional Council at 7pm on Thursday 6 December 2018 the new Regional chair will be decided on a vote of all Regional Council members – all 20 of them. Abstentions are not allowed.

The incumbent Chair, Wayne Emmerson, is courting his electorate of 20 rather than York Region’s 687,571 voters.  (This was the electorate in 2014.)

Can't win Will win

Emmerson has said he couldn’t win a region-wide vote. But an electorate of 20 changes the odds.

Newmarket’s Mayor-elect John Taylor ran against Emmerson in 2014 and lost 16-4. He knew he wouldn’t win and said so at the time. But he didn’t want the top job to be determined by acclamation with no other contenders. Seems to me the same logic applies in 2018 and there should at the very least be a contest for a job which pays $270,000+ in salary and benefits. 

Step forward Mario Racco who declared himself a candidate after the previous Liberal Government took up Chris Ballard’s Private Members’ Bill which called for the direct election of the York Regional Chair and put it into law. 

Direct election scrapped by Ford and Elliott

When the Ford Government was elected on 7 June this year Ford, supported by Newmarket-Aurora’s new MPP Christine Elliott, scrapped the election and reverted to the status quo ante. 

Mario Racco tells me he will allow his name to go forward if a majority of members are prepared to support him. 

“It is the right thing to do but I do not want to cause difficulties to any of the 20 York Region Council members.”

He tells me he has contacted all members of York Regional Council – presumably to lay out his stall. I do not know what was said. In the same way I have no inkling what Emmerson has said to his new flock and what’s in it for them. This is part of the problem with indirect elections. We the public, the great unwashed, don’t get a look in.

I’ve asked Newmarket Mayor John Taylor and Regional Councillor Tom Vegh if Racco asked for their support and what they said in reply. I’ve also put the same question to Aurora’s new Mayor, Tom Mrakas. 

I ask Racco if he intends to be at the Regional Council meeting on Thursday if he does not have firm pledges from 11 members. He tells me: 

“It all depends on how things may develop.”

Direct election could be back on the agenda

Mario Racco, like me, is in favour of the direct election of the Regional Chair. If he wins on Thursday the Regional Council under his leadership could ask the Province to legislate for an elected Regional Chair chosen by the voters at large. Emmerson has set his face against direct election.

Christine Elliott refuses to tell me if she had a view on the direct election of the Chair of Durham Region in 2010 when there was a referendum across the region on the issue. She was MPP for Whitby Oshawa back then. There was overwhelming support for the direct election of the Regional Chair (80:20) which was brought in for the first time in 2014.

I am left wondering if Christine Elliott will be amongst the dignitaries on Thursday. Probably best if she stays away.

This email address is being protected from spambots. You need JavaScript enabled to view it.

Update on 3 December 2018: In the event of a tie in votes for Regional Chair procedures agreed by the Regional Council in September 2018 allow for the successful candidate to be chosen by lot.  The Regional Clerk has not received any formal nominations for the Regional Chair position (as of 1pm today, Monday 3 December). I am told nomination forms may be filed on or before 6 December 2018.

This afternoon Racco made a direct appeal to members of York Regional Council to support him rather than the incumbent Wayne Emmerson.

In the letter - also copied to the press and media - Racco says Emmerson:

“has seriously undermined his own credibility by declining to run in a popular election.  I will not comment on his abilities, but frankly the optics are terrible. Mr. Emmerson openly admitted that he could not win a Region-wide vote. Why then would he be considered a viable candidate for appointment to that same position?  I fear that re-appointing Mr. Emmerson would just reinforce the “backroom dealing” perceptions that we all know voters dislike.”

Details

Written by Gordon Prentice

Published: 29 November 2018

Arshad Desai, one of Steve Hinder’s key witnesses, today told the Superior Court in Eagle Street he was charged in June 2014 for driving without insurance and was fined $500. He is not entirely sure of the figure. In any event, Desai tells the Court: 

“I was convicted.”

He took out a loan of $15,000 to clear his various debts and a separate loan to finance his (unsuccessful) campaign for election to Aurora Council in 2014. Despite this he brazenly campaigns on a platform of fiscal rectitude. Pullano’s lawyer asks him:

“Did you think you were the model of fiscal responsibility?”

With breathtaking chutzpah, he replies:

“I did.”

He says he cannot recall when he got married. We learn he is now divorced and his fiancée of four years bales him out financially. He has a minimum wage job at York University where he is also a student.

Pullano’s lawyer tells him he fell behind with his child support payments of $460 per month. Desai disagrees. He took out a loan to cover the cost.

Desai comes across as someone with absolutely zero credibility yet, curiously, Hinder calls him as a witness. 

Desai tells us he has known Hinder since 2014 and he regards him as a mentor and friend.

Standing too close for comfort

On the night of the alleged assault, Desai arrives at the Mansion Banqueting Hall around 6.40pm. He checks in his coat and walks over to the (then) Deputy Mayor, John Abel. He says he was standing close to Abel and Pullano. Hinder walks up to Pullano and shakes his hand. Then he shakes John Abel’s hand and then Desai’s. 

Desai tells us they are all huddled together – improbably “less than one foot away” from each other. (As close as people stand when they are being photographed together.)

Desai says the handshake “was at waist level”. 

Earlier witnesses, Fred Rankel and Wanda Cena, both saw Hinder’s arm at shoulder height. They both saw Pullano step backwards. Desai says:

“Mr Hinder did not strike Pullano in the chest. I watched the entire interaction (which) lasted seconds.”

“Mr Pullano did not say anything. He looked embarrassed.”

I don't recall

Desai was approached by Hinder’s lawyers around June 2015 to give a statement on what happened on the evening of 20 March 2014 at Jane Twinney’s acclamation as the PC candidate for Newmarket-Aurora. He is asked if he spoke to Hinder after that approach. He tells the Court:

“I don’t recall.”

“It was three years ago.”

So many key witnesses are so forgetful. Yet they have perfect recall when it suits.

Earlier, Hinder is asked by Pullano’s lawyer why he chose to shake Pullano’s hand.

“He was a candidate.” (in the October 2014 municipal election)

“It might have added to the comfort of shaking Pullano’s hand to have other people around.” 

Hinder is asked about what happened after the alleged punch when, later, Pullano goes up to him and says:

“Listen you fuck I am calling Magna. Tomorrow I am calling.”

Hinder tells the Court:

“I don’t recall that.”

My mind is a blank

It is a funny thing memory. Sometimes it’s there when you need it. But often there’s just a blank.

When he is not giving evidence Hinder, in the row in front of me, is crouched over for long periods gazing intently at his mobile phone, switched to silent mode.

The Court Usher repeatedly tells us to switch off our mobile phones when the Court is in session. 

I am programmed to obey.

For others rules are made to be ignored.

Former Aurora Deputy Mayor John Abel is on the stand tomorrow.

This email address is being protected from spambots. You need JavaScript enabled to view it.

Read this: Photos, diagrams, documents and other exhibits are regularly shown to the jury on a big 70" TV screen which is not visible to the press and members of the public sitting in the public gallery. This puts us at a huge disadvantage when trying to follow the proceedings. Just so you know.

Details

Written by Gordon Prentice

Published: 28 November 2018

Steve Hinder was good in the witness box today. He is calm, confident and assured. But is he telling the truth? 

To be clear, Anthony Pullano or Steve Hinder is lying under oath.

Hinder puts in a masterly performance. At one point, when talking about the effect of Pullano’s never ending stream of acidic tweets, he chokes up. He tells the Court:

“My wife constantly reminded me how much we enjoyed life before politics. I didn’t want to be out there being subjected to this.”

“It caused anxiety… I didn’t go out as much.”

I am looking at the jury as he says this, gauging their reaction.

Hinder has appeared in Court a thousand times in the course of his long 30 year police career. He knows what to say and how to say it. But despite being at the sharp end, dealing with criminality for decades he is still, touchingly, an innocent abroad. He is asked if he knows what a bagman is. He says he doesn’t know. I gasp.

The night of the alleged assault

On 20 March 2014 – the evening of the alleged assault on Pullano – Hinder went along to the Mansion Banqueting Hall for Jane Twinney’s acclamation. He tells us he really didn’t want to go but Frank Klees was stepping down as MPP for Newmarket-Aurora and he had a lot of respect for him. He wanted to be there for that and for Jane Twinney. He worked with her in her role as a councillor.

He tells the Court he walked into the main room. He saw John Abel – the then Deputy Mayor of Aurora – and walked over to say hello.

“There were lots of people standing around that general vicinity.”

“I reached out and shook Pullano’s hand and said:

“So who are you supporting tonight?”         

“It was a simple comment like that. I shook Pullano’s hand first (with my right hand) then John Abel’s and Arshad Desai’s. It (all) happened in less than a minute.”

He is asked if he was upset that Pullano had been at the Ballard meeting the night before.

“I didn’t care.”

He is asked if he touched Pullano in the chest or poked him.“No.”

He says that after shaking hands he moves on and Pullano follows him and tells him not to worry who he is supporting. “Don (Don Walker, Chief Executive of Magna) and Joan (his wife) will know.”

WOPs

Hinder is asked if he ever called Pullano a WOP. “Never.”

Did you silently mouth WOP? “No”

Do you hate WOPs? “No.”

Do you have concerns about Italian people moving into Aurora? “No.”

Do you ever use the term WOP?

“Certainly not publicly.”

Do you use it privately?

“No.”

Hinder is asked about a remark he allegedly made about rolling up the tents and moving out of town if WOPs are elected.

“I don’t recall saying it. It is not in my nature.”

Whoa! This falls way short of an absolute denial. It is formulaic. I don’t call people of Italian heritage WOPs in public or in private. My brain isn’t wired that way. Hinder’s response is rehearsed. 

Later, Pullano’s lawyer, William Reid, picks up on this when he asks Hinder if he is familiar with the law on perjury. Reid tells the Court the “I don’t recall” is a technique that is used to avoid the perjury trap. Hinder acknowledges the formulation he used could be seen that way.

Police training and the use of force

Hinder goes on to tell the Court that in his 30 year police career he used a “closed hand punch” only once. 

He is asked if he has ever been in a fist fight and says yes. He is not asked how many fist fights he has been in.

Pullano’s lawyer’s cross examination is slow, meandering and laborious. There are no signposts to tell the jury where his questions are going. The jury’s eyes are glazing over.

Picking up a salary as a councillor while barred from elected office

We learn that Hinder stood for election to Aurora Council when he was a serving police officer in Toronto and when the Police Regulations in place at the time did not allow for this (they were subsequently changed). 

Did you get a legal opinion? No.

You broke the law. Yes.

We hear in deadening detail about Hinder’s employment history with Magna and the Stronachs and how much he earned, his employee benefits and the bonuses he could get. We learn about the Stronach Consulating Group (a family trust) and the plans to release surplus lands in Aurora for development. Pullano’s lawyer, William Reid, is now taking us deep into the undergrowth and we all follow reluctantly.

We hear about Magna’s political contributions. We learn Hinder recommends who gets the money. He doesn’t make the decision. We are not told how many of Hinder’s recommendations are spiked and rejected.

All in all, a long painful day of cross examination trying to get behind Hinder’s solid pillar-of-the-community exterior.

Tomorrow he is back on the stand.

This email address is being protected from spambots. You need JavaScript enabled to view it.

Details

Written by Gordon Prentice

Published: 27 November 2018

Steve Hinder was due to start giving evidence today (Tuesday 27 November) but the Court rose early because of the weather and he was not called. Hinder takes the stand at 10am tomorrow in Courtroom 402 at the Courthouse in Eagle Street, Newmarket. 

Today we hear from Fred Rankel who is a longstanding resident of Aurora with a background in construction and engineering. He says he is not political. He has known both Hinder and Pullano for about 15 years.  He gives evidence on oath.

WOP is a derogatory term for Italians and people of Italian heritage.

Punch or handshake?

It is 20 March 2014 and we are back at the Mansion Banqueting Hall in Aurora. Fred Rankel goes to Jane Twinney’s acclamation with a friend and when Pullano comes in they shake hands.

“I pretty much stayed at the back of the room close to the exit… Mr Hinder entered the hall and rapidly approached Anthony Pullano. There was a quick interaction. Mr Hinder’s right hand went up and Anthony took a step back (as if he) lost his balance… 

“Mr Hinder had his hand up (indicating to shoulder level).

Pullano’s lawyer, William Reid, asks if it looked like a handshake

“It could have been.”

After the interaction

“Anthony looked shaken and (was) sweating… He looked uncomfortable like he was going to have a heart attack.”

Fred Rankel tells the Court he signed his affidavit in 2015 in Pullano’s office.

Does Hinder refer to people of Italian Heritage as WOPs?

Now Pullano’s lawyer asks Rankel how Hinder described the former Mayor of Aurora Phyllis Morris.

“Syphilis Morris” he replies

Whoa! The Judge intervenes and asks Pullano’s lawyer, William Reid, how this is relevant. The jury (and Fred Rankel) are asked to leave the Courtroom while the Judge and Counsel lock horns on the admissibility of this evidence.

Reid reminds the Court that Hinder launched a counter-claim for defamation earlier this year, citing Pullano’s attacks on him in social media. Reid says Hinder has a disposition for repeated verbal bullying and the jury should be made aware of this fact.

Reid tells the Judge that on 10 June 2014 Hinder says in the presence of Mr Rankel:

“If these WOPs get elected we will have to roll up our tents and leave town.”

I learn that conversation was between Hinder and Tim Jones, the former Mayor of Aurora, who has been sitting in front of me in the public gallery throughout the trial.

Hinder’s Counter-claim for defamation

Reid tells the Judge these statements by Hinder are crucial to the defence and to (rebutting) the counter-claim on defamation. He says that Hinder attended a meeting for municipal election candidates organised by the Chamber of Commerce in 2014 and when Hinder saw Pullano he (Hinder) mouthed the word “WOP”. 

Reid, now sounding exasperated, tells the Judge that to exclude this evidence “doesn’t do justice”. He says Tim Jones could be called to the stand. But the Judge rules this out immediately on the grounds that Jones cannot give evidence as he has been sitting through the entire trial. Reid says that when Hinder comes to give evidence he may even admit what he said. Personally, I doubt it.

The Judge rules that Hinder’s alleged remarks about Syphilis Morris and WOPs cannot be put to the jury on the grounds that this would be highly prejudicial to the defence.

Seriously upset

By now the Judge is getting seriously upset. He says:

“The prejudicial effect would outweigh the probative value.”

I consult my on-line legal dictionary. The probative value of evidence refers to whether it is, or is not, sufficiently useful to prove something important in a trial. 

However, probative value of proposed evidence must be weighed by the trial judge against prejudicing in the minds of jurors towards the opposing party.

He orders Reid to steer clear of asking Fred Rankel about Phyllis Morris and how Hinder allegedly referred to her.

Now Hinder’s lawyer is on her feet asking a series of questions designed to demonstrate that Rankel didn’t really see or hear what happened in the interaction between Hinder and Pullano. I hear lots of questions about who is seated where and whether views are blocked by people wandering about. 

Rankel is asked about his recollection of Hinder’s arm being about shoulder height and why that wasn’t in his affidavit.

“The affidavit was a quick summary not the detail we are getting today.”

Rankel says he was about 20 – 25 feet away from the interaction between Hinder and Pullano. He says Pullano jumped backwards.

Hinder’s lawyer says the affidavit mentions a “sudden step backwards”.

“That was a jump.”

“I didn’t interpret that he got hit when he took a step backwards…  but I don’t see how he lost his footing.”

“I am not guessing at what I saw.”

Pullano, described by Rankel as flushed and sweating, said Hinder hit him and it hurt. 

Hinder is in the witness box tomorrow at 10am.

On oath.

This email address is being protected from spambots. You need JavaScript enabled to view it.