A Request for Clarification

Below in italics is an email I sent to Legal Aid Ontario. I spent three days reading the Ipperwash Commission testimony of Dr. Elaine Todres, the former Deputy Solicitor General during the Ipperwash crisis when Dudley George was shot. I'll post a response if I get one.

(I'm hoping someone in the media is reading this. Bty catch the movie 'One Dead Indian' airing on CTV in January 2006. The book by Peter Edwards was good, and the movie should reflect it. I've actually spoken to Mr. Edwards. He's a very personable guy and while I was at it, asked for advice on how to go about writing a book on a particular subject. He suggested humour but I think I lack the craft of humourous writing on serious issues)

Anyway, reading the transcipts was more exciting than anything on television and I would recommend reading some of her testimony, but in particular, near the end when Julian Falconer, counsel for Native Legal Services of Toronto is cross-examining her.

It's quite obvious that the woman did not have the expertise to being a Deputy Minister in charge of police services.

She didn't read half the stuff that was necessary to understand the importance of her position. Mr. Falconer asked her to read a passage about the role of Parliament and she thought Parliament meant the federal parliament. When asking her about her opinion of Chris Hodgson, she commented he was "unseasoned". When he asked her if she would consider herself "unseasoned" (as I would after reading her sophistry) she wouldn't have thought of herself that way...


December 27, 2005

Financial/Accounts Services
Legal Aid Ontario
425 Adelaide Street West, 4th Floor
Toronto, ON M5V 3C1

RE: Todres Leadership Council & 2001-2002 Legal Aid Retreat

To Whom It May Concern:

Having read through the transcripts of Ms. Todres testimony at the Ipperwash Inquiry, it was documented on page 154 to 157 that Ms. Todres did work for Legal Aid at the request of the Chair, Sidney B. Linden, who is also the Commissioner of the Inquiry.

I also note that W.A. Derry Millar and Harvey T. Strosberg sit on the Board and are representing various individuals at the inquiry - not that this has anything to do with my next request.

The Auditor of Ontario released his 2005 Report. On page 282 in Chapter 3 Section 3.14 entitled Temporary Services - it documents points out concerns that the auditor had regarding the hiring of temporary services. Included in the definition of temporary services the government used was consultants - which appeared was not an acceptable practice with respect to the audit. Here is the link

The competition rules were also not followed in this regard as the government's acquisition process did not follow policy. As noted on page 281 under the heading Competitive Acquisition it notes the AoO found that "regardless of the amount, no competitive process was used for engagement of temporary services".

Payments of more than $100,000 were undertaken without competition, those less than $100,00 but greater than $25,000 were done without vendor submissions, bids or proposals and those under $25, 000 were sole-sourced without receiving quotes from other vendors.

On page 282 under the heading Potential Conflicts of Interest the rules stated that procurement documentation define potential conflicts of interest or potential conflicts of interest to be declared by vendors. The audit found that the Ministries did not require written proposals or sign contracts so the ministries could not provide any evidence that the vendors they hired were not in a conflict of interest.

It goes on to say that one vendor, a former employee in the human resources department of the Management Board Secretariat earned $10.5 million - $4 million of it from the MBS. It was assumed former government employees owned the businesses but they were not checked.

I attempted to find Ms. Todres business website, but couldn't - perhaps that's a server problem.

My questions are:

1) Were Ms. Todres services under $25,000, between $25000 and $100,000 or over $100,000?
2) Were the procurement procedures observed in either of those categories before Legal Aid hired her i.e. written submissions or open competition? (I'm assuming she owns her company)
3) Was there a contract signed?
4) Has Ms. Todres documented any actual or potential conflicts of interest?

My obvious concern is, respectfully, (as was brought up in part of the transcript), if Mr. Linden is going to be making decisions on the appearance of, or the actuality of political interference, would it not appear that there is already a conflict of interest with his being Commissioner of the Inquiry and Ms. Todres specifically hired at the 'behest' of or mandated by himself and Ms. Longo, giving the appearance of a conflict of interest?

The last two concerns are two other reports. One the 2001 and 2003 Auditor's report that $100 million is still not accounted for in the Legal Aid collections account and the other is the January 2003 C.E.D.A.W review.

Can the Accounts department answer the first two concerns regarding the audits and perhaps someone who is familiar with the Convention on the Elimination of Discrimination Against Women (it's an international treaty)respond?

I am wondering if the draft review was brought up with the Board since it specifically mentions Legal Aid on page 6 items 30, 31 and 32

Sincerely,

Habamus Rodentum
(I didn't really sign it this way...)