The protest — or was it an “occupation” — or was it a “protest” — or was it an “occupation” — was “unlawful”.
It was either and both a “protest” and an “occupation”, according to the Integrity Commissioner, and it being “unlawful” is a simply matter of public record: The police said so, so it is so. The premier said so, so it is so. Everyone heard them say it, so it is so.
This –rule by fiat— is the rationale relied upon in the final equation of Integrity Commissioner (IC) Michael Maynard’s report on the matter of Grimsby Councillor Dave Sharpe.
Maynard cites Sloly and Ford– and finally Trudeau’s dubious Emergency Order— but not a single judge nor legal ruling which resolves the question of legality. Instead the fiat declarations of suspension of civil rights (to assemble, to express) is taken at face value as itself a compulsion to comply–“to hold individuals to a higher standard” is the purpose of the Code, Maynard wrote.
The final page, in the final paragraph of the document–in the addendum where Maynard stands by his decision, with snark– Maynard contributes this chilling phrase:
“The Purpose of enforcement of the Code of Conduct is to achieve compliance.”
Of course, “compliance” here is meant within the context of the Code of Conduct, but the implication may be as stark as it sounds: to achieve compliance, writ large. The representatives who stand in place of government sets the “laws” (or declares what is “unlawful”, without legislation), and you, as a representative of the municipality, comply. Simple.
Maynard refers to the events in Ottawa, at first, in circumspect quotes. Terms such as “Unlawful” and “Illegal” are given detached quotes when they are the declarations of Sloly and Ford, but later (and quite quickly) the quotes disappear. By the end of the report, the phrase “illegal occupation” is underlined — as if it were a self-evident fact and not a politically expedient explanation that undermines the legitimacy of peacefully assembled citizens.
To Maynard, it doesn’t matter if the government’s declarations that protesting was “unlawful” was itself an unlawful declaration; a declaration speaks for itself; Let it be spoken, let it be done;
Go Home, Dave — because Doug said so.
That’s the “higher standard” that Councillor Sharpe is being held to.
“The problem is that the Councillor attended, supported, and encouraged an illegal occupation of the City of Ottawa.” (Page 42)
Above: Excerpts from Page 30 and Page 41
Vexatious Complaint
Last week, councillor Lori Littleton announced she would not run for reelection because she could no longer be exposed to the risk of “vexatious” code of conduct complaints. This week, we can read 20 pages of unnecessary complaints which end up shrugged off by the IC. The Complainant accused Sharpe of all eleven subsections of the Code of Conduct, but Maynard went with four.
The Complainant made a wide variety of accusations which IC Maynard simply reproduced in an organized manner but said nothing about: plenty of platforming of the Complainants views, but no ruling, determination, or even commentaries on issues raised, such as if Gadsden is a “White supremacist flag” — nor if LMFAO’s “Sexy and I know it” is a song which is “offensive to women.”
When reading the complaint, one wonders why this is being taken seriously, except the politics.
Update: Integrity Commissioner speaks at Grimsby council
Question posed to ADR Chambers Integrity Commissioner Michael Maynard:
— Sandor 💬 (@WTFNiagara) July 19, 2022
"How did you determine that it was an 'illegal occupation'?" https://t.co/k58O8Rlvo3 pic.twitter.com/8jOfdrHpT4
See also: 🏛️Grimsby mayor wanted 90 days pay cut from councillor Sharpe, council agrees to dock 15 days
