Queen’s Park Report

Eighteen Corporations Charged for Over-Contributions to Hamilton Mayor

- Federation of Urban Neighbourhoods of Ontario

May 18, 2005

A news release issued today by the lawyer for Joanna Chapman says, "Charges have been laid under the Municipal Elections Act, 1996 against 18 corporations that allegedly over-contributed or improperly contributed to the 2003 election campaign of Hamilton Mayor Larry DiIanni." The accused will appear in court in Hamilton on July 5.

Chapman has filed the charges as a private prosecution. They were issued yesterday in Hamilton before a Justice of the Peace. The charges relate to the March 2004 campaign financial report of Mayor DiIanni. The release notes that the limitation period for laying charges was approaching with respect to these companies but says that information that came out later "could result in additional charges against other corporations in the future."

Most of the charges relate to alleged over donations. The one exception is an organization being charged because it was not a corporation, individual or trade union and therefore apparently not eligible to contribute to a municipal campaign. The release does not name the accused parties.

A corporation or trade union that violates the Municipal Elections Act may be fined up to $25,000. Section 71 (1) decrees that "a contributor shall not make contributions exceeding a total of $750 to any one candidate in an election".

As of the beginning of March, Mayor Di Ianni had issued 51 refund cheques totalling $19,450 for apparent over-donations to his election campaign. Last week, Justice Timothy Culver ordered Hamilton city council to hold a compliance audit of the mayor's election financial statements.

A copy of this news release has been posted on the CATCH website at

http://www.environmenthamilton.org/CATCH/pdfs/press_charges.pdf.

Earlier articles relating to Chapman's request for the audit and the court hearings related to it can be found at

http://www.environmenthamilton.org/CATCH/articles/art_archives.htm.

Federation of Urban Neighbourhoods of Ontario

Comment:

It has become increasing apparent that the current Municipal Elections Act does not provide a mechanism for enforcing the Act except through extraordinary efforts by individual citizens. The solution suggested by FUN in its submission to the Ontario Government is to amend the Act to require the establishment of an Election Finance Review Board, an independent civilian body empowered to deal with complaints arising from the election campaign of any candidate. Such a body should have the

authority to file charges against candidates and/or contributors for violations of the Municipal Elections Act.

FEDERATION OF URBAN NEIGHBOURHOODS OF ONTARIO

www.urbanneighbourhoods.ca

An Umbrella Group of Community Associations throughout Ontario

Communities count. Civic matters.

Guelph Hamilton Kingston London Ottawa Toronto Waterloo

William J. Phillips

President

21 Dale Avenue, Suite 621

Toronto Ontario M4W 1K3

416-969-8994

funontario@rogers.com