Thursday 17 December 2015

You don't have the right to yell "Fire" in a crowded theatre

The comments Newmarket-Aurora MPP Chris Ballard made earlier regarding a developer in Aurora were completely out of line. Ballard made allegations that were reckless, unsubstantiated and not becoming of someone who sits in the Ontario Legislature.

To put his words in context, imagine a judge saying before a trial begins, "I'm gonna to find him guilty and then I'm gonna sentence him to hang." Ballard's words were just as prejudicial.

And earlier this month, I took Newmarket Mayor Tony Van Bynen to task for saying "Failed candidates have no constituency" in reference to a member of the public who was speaking on electing the York Regional Chair. No elected official should denigrate any citizen for engaging in the political process. Van Bynen's remarks were arrogant and wrong.

But sometimes I need to point out that citizens cross the line too. We all have the right to complain about our politicians. We can even use hyperbole and overkill in our complaints. But there is a line a citizen shouldn't cross.

For example, a citizen should never say:

Chris Campbell‏@ChrisMayor2018
At the moment I do not recognize the legitimacy of @TonyVanBynen as Mayor @TownofNewmarket over questions on salary cover up 1/2


Words like these cross the line into sedition. Sedition occurs when someone's speech incites contempt for lawful authority. Whatever you may think of Tony Van Bynen as a politician, you should never publicly doubt that he was lawfully elected by the people of Newmarket. You must always recognize the legitimacy of his position.

When someone says he doesn't recognize the legitimacy of a duly elected official, he shows a contempt for our democracy.

Further, a citizen should never make the following claims:

Darryl Wolk‏@darrylwolk
Tony lied on Davis costs. Tony lied on jobs created. Tony lied on his own salary. 2016 TIME TO RESIGN @TONYVANBYNEN! #FailedMayor #Corrupt


When a citizen makes such an allegation, he crosses the line into libel. Libel occurs when someone writes a malicious, false statement about another. In this case, allegations of lying and corruption are written to make us feel contemptuous towards the Mayor of Newmarket.

I would be very surprised and extremely disappointed if the Mayor didn't take legal action. I say this, not because I care about his personal reputation, but I care very much about the office he holds. As Mayor, Van Bynen represents Newmarket. If he allows these words to be written without consequences, then the Town of Newmarket will be smeared with false allegations of corruption and lying.

I remind readers that this Mayor went to extreme lengths in 2013 using the full might of his administration with Kangaroo Court proceedings against a political rival. At the time, I described his actions as political opportunism. If the Mayor does nothing regarding Wolk then I'll be proven right.

Finally, for anyone who thinks that Wolk and Campbell would have done anything different that the current Mayor, consider this response from Campbell when asked how he would change things:

Chris Campbell‏@ChrisMayor2018
@RockNRollCroll @darrylwolk I'd review the process & policy first & appoint an external body to determine pay

Anybody that follows Council closely knows that in 2008 - 2009, Newmarket Council did exactly that. In fact, Tom Hempen and Jane Twinney won their seats thanks to claims that that their opponents voted themselves pay hikes. (Of course, you would have to live in Newmarket during this time to know this). Allegations that the Town of Newmarket somehow breached the Municipal Act with this pay policy are ridiculous.

Personally, I've always respected former Councillor Maddie Di Muccio's proposal regarding pay. She put forth a motion that Councillor's pay be changed as follows:
1. Remove the tax free portion of the pay. If Councillors earn $47,000 then they should pay income taxes on that full amount. (Right now, Councillors only pay income tax on 2/3 of their pay).
2. For every percentage tax increase, Council members should receive a reciprocal percentage pay decrease. If taxes are increased by 4%, then Council members would receive a 4% pay decrease as an incentive to balance their books.

When these ideas were tabled, the other Council members reacted with an opposition that I've never seen before. Councillor Twinney even left the chambers in tears because she was so distraught at the thought of being personally accountable .

But a merit pay system of salary tied to fiscal goals of town remains an excellent idea and a positive alternative comparing the pay of our council members to other municipalities.

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