Code of Conduct Complaint Protocol s. 2(3) Formal Complaint Procedure
AFFIDAVIT OF Duff Wilson Conacher
I, Duff Wilson Conacher of the City of Toronto in the Province of Ontario
MAKE OATH AND SAY [or AFFIRM ]:
1. I have personal knowledge of the facts as set out in this affidavit, because I have read news stories, heard radio programs and observed video interviews on TV containing direct, unedited statements by Rob Ford and videotape of Rob Ford concerning the activities described in this affidavit.
2. I am filing this affidavit complaint to the City of Toronto Integrity Commissioner in my role as a member of the board of directors of Democracy Watch.
3. I have reasonable and probable grounds to believe that a member of Toronto City Council, Rob
Ford, has contravened three statements of principle set out in the Preamble of the Code of
Conduct for Members of Council (the “Code of Conduct”). The particulars are as follows:
(a) The Preamble to the Code of Conduct includes statements of principle that “underline” the Code of Conduct, including the following statements:

Members of Council should be committed to performing their functions with integrity and to avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real;

Members of Council are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny; and

Members of Council shall seek to serve the public interest by upholding both the letter and the spirit of the laws of the Federal Parliament and Ontario
Legislature, and the laws and policies adopted by City Council.
(b) Section III of The Code of Conduct states that it applies to all members of council “(including the Mayor)”.
(c) The Code of Conduct does not state that the statements of principle in the
Preamble of the Code of Conduct are not enforceable. As a result, I believe they are legally enforceable rules and that the Integrity Commissioner of the
City of Toronto has the jurisdiction to investigate and issue a ruling on whether the statements of principle have been violated by any member of council.
(d) In law, the word “integrity” is usually defined as “soundness of moral principle and character” and as a synonym of ““probity,” “honesty,” and “uprightness.” I page 1 of 3

believe that the requirement in the first statement of principle set out above that members of council perform functions “with integrity” means essentially the same thing as the requirement in the second statement of principle set out above that members of council perform their duties and arrange “private affairs in a manner that promotes public confidence and will bear close public scrutiny”.
(e) I believe the standard established by third statement of principle set out above is very high, as it requires members of council to uphold “both the letter and the spirit” of federal, provincial and City of Toronto laws and policies.
(f) In July 2011, Rob Ford admitted to talking on his cellphone while driving which is a violation of provincial law. On November 3, 2013, I verily believe that Rob
Ford admitted on his then-radio show that he had texted while driving, which is a violation of provincial law. On November 5, 2013, Rob Ford admitted publicly that he had smoked crack cocaine, which is a violation of federal law.
On November 7, 2013, a video was made public by various media outlets in which Rob Ford appears and utters threats to kill an unnamed person, and making such statements is a violation of federal law. On November 13, 2013,
Rob Ford admitted at a meeting of council that he had bought illegal drugs during his term as Mayor. On November 14, 2013, Rob Ford publicly admitted to drinking alcohol and then driving, which is a violation of provincial law.
(g) I believe that these admitted violations of various laws by Rob Ford violate the third statement of principle set out above in (a) as they do not uphold the letter and spirit of federal and provincial laws. I also believe that violating these laws violates the other two statements of principle set out above in (a) as these actions do not show soundness of character, nor do they promote public confidence or bear close public scrutiny.
(h) On November 4, 2013, on AM 640’s morning show with John Oakley, Rob
Ford apologized for some of his actions, stating: “Some of the parties I’ve had, you know, I shouldn’t have went to the Danforth, you know, inebriated. I shouldn’t have had a pretty, I would say, a wild St. Patrick’s Day party in my office. I shouldn’t have done that.”
(i) On November 5, 2013, concerning his admission that he had smoked crack cocaine during his term as Mayor, Rob Ford stated : "I kept this from my family, especially my brother Doug, my staff, my council colleagues because I was embarrassed and ashamed." and added "To the residents of Toronto, I know I have let you down and I can't do anything else but apologize and apologize and
I'm so sorry. I know I have to regain your trust and your confidence."
(j) On November 7, 2013, concerning the video in which he appears and threatens to kill an unknown person, Rob Ford stated
: “It’s extremely embarrassing. The whole world’s going to see it. You know what? I don’t have a problem with it. page 2 of 3

But it is extremely embarrassing, but I don’t know what to say but again I am apologizing.”
(k) On November 14, 2013, concerning what most people regarded as inappropriate comments about a female member of his staff that he had made that day, Rob
Ford stated : “I used unforgivable language and again I apologize.”
(l) On November 5, 2013, the results of a survey by Forum Research were released and showed that 59 percent of Toronto voters wanted Rob Ford to resign.
(m) On November 13, 2013, the results of a survey by Ipsos-Reid were released publicly and showed that 41 percent believed Rob Ford should resign, 35 percent believed that he should take a leave of absence, while 24 percent believed that he should remain in office.
(n) I believe that the facts set out above in (h) to (m) show that Rob Ford himself, and a majority of voters in Toronto, believe that his actions do not meet the standards established by the two statements of principle set out above in (a) that require members of council to act with “integrity” and act in ways that promote public confidence and bear close public scrutiny.
3. This affidavit is made for the purpose of requesting that this matter be reviewed and for no other purpose.
AFFIRMED before me at the )
City of Toronto ) in the Province of Ontario on )
December 12, 2013 )
_______________________ )
[ Signature of commissioner ] )
A Commissioner for taking affidavits, etc. )
___________________________
[ Signature of affiant ] page 3 of 3