December 31, 2009
Thanks to the tireless efforts of CANACE and Gary McHale who has been pursuing this particular case relentlessly for 2 years, OPP Commissioner Julian Fantino is now facing the criminal charge of Attempting to influence a municipal official.
Attempting to influence a municipal official is found under the criminal code section dealing with Offences Against the Administration of Law and Justice, and subsection municipal corruption. Section 123 (2) (b) which can be found here.
123. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
(a) to abstain from voting at a meeting of the municipal council or a committee of the council;
(b) to vote in favour of or against a measure, motion or resolution;
(c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or
(d) to perform or fail to perform an official act.
Influencing municipal official
(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by
(a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;
(b) threats or deceit; or
(c) any unlawful means.
Plenty of questions remain of course including what effect this will have on Julian’s plans to run for mayor of Vaughn, his failed reign as OPP commissioner, and what position the crown will take on this matter.
Will they choose to ignore the blatant evidence and the ruling of a Superior Court Judge in order to stay the charge to cover for Fantino, or will they actually carry out their duty to the public regardless of the political affiliation of the offender?
Much more information on this case will be coming shortly but in the meantime Happy New Year Caledonia!