Damn Right on All Counts

"There is an inordinate amount of information on our mayor that does not appear to be relevant to the investigation or the request to a judge to issue a search warrant. There is a lot about conduct which is of questionable value to the stated purpose."
"The police were doing what they had to do -- following crime. They gather as much information as possible. But the reason for the inclusion of so much information on the behaviour of the mayor in the [Information to Obtain, called an] ITO is not sufficiently clear to me."
"It is extremely long. It is extremely detailed. I've never seen a 500-page ITO. I have never seen such detail in an ITO. All of this sort of comes together quite uncomfortably."
"If it is not bearing fruit for a criminal investigation it is not relevant. Superfluous, irrelevant information ought not to be in there. As to the move, I can't speculate."
Joseph Neuberger, Toronto criminal defence lawyer, uninvolved in the Ford case

Rob Ford’s apologies: Stop us if you think you’ve heard this one before

Interesting observations to be sure. And doubtless, as far as the legal aspect goes he is correct; he should be, it's his baileywick, after all. On the other hand, never before has the public been exposed to the life and antics of a professional politician like that of Toronto's Chief Magistrate. The volume of revelations, however they surfaced, display a decided lack of judgement, reasonableness, intelligence and responsibility. They also do display a contempt for societal norms and the law.

That a mayor of Toronto's largest city has seen fit to behave in a manner incommensurate with his office, repugnant in the manner in which he comports himself, yet sees no obligation to step aside despite the humiliating revelations speaks to the measure of the man. He most obviously does not fit the profile of the office. A profile which should ideally be absent ideology, and totally comprised of a determination to serve the public weal.

And while Rob Ford insists that's precisely what he meant and means to do, he has compromised his ability to do just that.

Not just by revealing himself to have traits more commonly seen in low-lifing criminals, but by the cavalier manner in which he viewed his public vows in serving office, while simultaneously thumbing his nose at conventions both social and legal. Most intelligent individuals would agree given recent revelations and admissions that the man's ambitions vastly outweigh his commitments and his capacity to act in good faith.

He has lost the trust of the city he insists he has the legal right to continue to guide in his capacity as mayor.

It is malfeasance in office to treat staff as though they are personal servants, to make derogatory racist and homophobic declarations, to sexually harass female workers from the lofty height of the mayor's office. Consorting with known petty criminals and drug dealers, to become publicly and obviously inebriated, making a tawdry display of himself and soiling his office, and to covertly purchase illegal recreational drugs is a criminal offence.

The man must answer for all these instances of absent judgement.

"Why do we need to know this? How did those very personal and very sad details get deemed as relevant to use, as reasonable and probable grounds to believe an offence has been committed, for the purpose of a search warrant? Once it is in the ITO, the investigators know it will be seen by other eyes. I have wondered about what might happen when police do that to a politician who hasn't alienated so many people, who hasn't been so belligerent and engendered such animosity."
Graham Clark, Toronto criminal defence lawyer, uninvolved in Ford case

"There is a strong element of 'we're damned if we do and damned if we don't. They have consulted with the Crown throughout the whole process. They have taken advice at every single stage in the process. The best defence against people accusing you of either targeting or shielding is to make sure that everything you've done is absolutely clear, that you can articulate why you've done what you've done, the length you've gone to get advice."
"The decision about what would be included in it came as a result of very detailed consultation with the Crown."
"We have been accused of both covering up for him and for targeting him. If people are accusing you of completely incompatible things, the chances are, you're probably right down the middle."
Mark Pugash, Toronto police spokesman