No investigation into leak of Solicitor’s Uber recommendations

“We’ve referred things to the Integrity Commissioner before, and the results are usually inconclusive,” Speaker Nunziata told Council

Councillor Michael Thomas’s request for an investigation into the leak of confidential documents from Toronto’s Solicitor’s office got shut down quickly by Speaker Frances Nunziata on December 13th. Instead of asking the Integrity Commissioner to investigate the leak, Nunziata opted to remind all Councillors and staff to read the Code of Conduct.

On December 12, reporter Natalie Johnson published a news story indicating CTV had received a briefing note prepared by Toronto’s Solicitor outlining options for responses to Uber’s December 4th lawsuit against the City. The lawsuit is expected to be discussed in camera at Council’s December 13th meeting. In camera means the information is so sensitive it must be discussed privately, where viewers and attendees cannot hear what Councillors are discussing. The idea that information so sensitive voters cannot hear it has in fact already been leaked to the media raises troubling questions about security in the Solicitor’s office.

Nunziata’s full decision said, “If you remember earlier members earlier in the meeting, Councillor Thompson, rose on a point of privilege regarding the apparent leak about confidential agenda materials related to the Uber litigation. This is a very serious matter. I addressed this to remember and every staff member who has access to confidential agenda materials, this council conducts most of its business in public far more than any other municipalities.

“We make almost all of our agenda materials public in a timely manner, so that the public can follow what we are doing. We consider confidential documents only rarely and only when permitted to do so by law. This includes legal advice from our solicitor: only Council as a body can waive solicitor-client privilege.

“No individual member of council or staff can make that decision for us. We cannot do our jobs if we cannot trust each other. In conclusion, I’m ruling that privilege has indeed been damaged by just the disclosure of the information.

“In the past counsel has on occasion referred these breaches to the Integrity Commissioner for investigation under the Members’ Code of Conduct. Unfortunately, the results of these investigations are usually inconclusive.

“I’d also like to encourage members of Council to please read the Code of Conduct, read the Councillors’ manual. It’s so important that you read it then you understand what you can or can’t do, because this is a very serious matter.”

“So, thank you, and that’s my ruling.”