Heather Wright/The Independent

Ontario’s Integrity Commissioner says says media reports suggesting links between York1 Environmental and the Ford government are not enough for her to investigate allegations of conflict of interest.

May 12, after the online Queen’s Park focused media outlet The Trillium reported the financial contributions of the owners of York1 to the Ontario PC Party, Liberal MPP Ted Hsu filed a complaint with Integrity Commissioner Cathryn Motherwell.

He named Premier Doug Ford, former Environment Minister Andrea Khanjin, current Environment Minister Todd McCarthy and Energy Minister Stephen Lecce in the complaint.

Developers Andrew and Daniel Guizzetti with Brian Brunetti bought the Dresden landfill property in December 2022. They control York1 Environment Waste Solutions under of the umbrella of Willowdale Asset Management.

When their plans for the derelict dump became public, residents and politicians in both Lambton and Chatham-Kent called for a full Environmental Assessment of the project less than one kilometre from the town. The Environment Minister agreed, just two weeks before a byelection in the riding which includes Dresden.

Hsu, relying on information from reporting in The Trillium, says after Khanjin announced the full Environmental Assessment for the York1 project March 15, there were three fundraising events the Premier was expected to attend between March 22 and April 5. “In that time frame, senior executives from Guizzetti affiliated companies, over 50 individuals, donated exactly $945, consistent with fundraising ticketed practices,” Hsu writes in his complaint.

He adds the Guizzetti brothers donated $200,000 to the Ontario PC party since 2018 – the year Ford was elected. “Numerous contributions clustered around key regulatory decisions affecting the landfill site,” Hsu writes.

Less than a year later, the Ford government introduced and passed the Unleashing the Economy Act which includes the cancellation of the full EA for the York1 site. “The decision directly benefits the Guizzetti brothers and their companies,” says Hsu.

“This pattern of donations, relationships and government actions combined with the reversal of an environmental safeguard that had been promised to the public raises serious concerns about whether undue influence, political fundraising or personal connection shaped the Premier’s and his Ministers’ decisions,” writes Hsu suggesting Ford and his ministers “used their office to further the private interests of political donors” and “provided preferential treatment or access to individual or entities based on political fundraising.”

The Integrity Commissioner, in her report released Wednesday, said Hsu filed the complaint offering the investigative reporting of The Trillium as evidence of his concerns. Motherwell says it is simply not enough.

“I appreciate and support journalism, valuing the contributions that a free press brings to democratic society,” she wrote in her decision. “Investigative journalism can reveal societal failures or shortcomings, generating criticism, discussion and change. It is my view that there can certainly be cases where careful and considered research and reporting, coupled with strong writing, could establish reasonable and probable grounds.

“Media articles can be used to buttress credible evidence to achieve the necessary reasonable and probable grounds to commence an inquiry,” she added citing the opinion of former Integrity Commissioner David Wakely.

But, she says, Hsu has provided “insufficient evidence” that the Premier and ministers were in conflict.

Motherwell says Hsu provided no first-hand evidence and The Trillium’s reporting also did not contain a smoking gun.

“Hsu has not put forward sufficient evidence to establish reasonable and probable grounds to believe any of the ministers named made a decision, disclosed insider information, attempted to influence a decision or failed to withdraw from decision-making that improperly furthered the interests of the owners of the Dresden Landfill. None of the five factors are met.

“There is no evidence of any relationship between the members and the owners of the Dresden
Landfill. There is no evidence of any of them acting for an improper purpose, but instead an
objective basis for the decision, reducing reliance on the United States. There is no evidence
about the process used for the decision or to demonstrate it was improper.”

Hsu says the decision is “disappointing.

“The absence of an investigation does not mean the end of this issue. I remain committed to fighting to let the rest of Ontario know what happened to the people of Dresden and the communities further downstream along the Sydenham River and to shed light on the governments decision making.

“Ontarians deserve transparency about who this government is really working for,” Hsu said in a statement.

“This decision leave unaddressed the critical issue of how we should ensure public trust and environmental protection going forward.”

Hsu, who will be in Dresden Friday night, added “The Dresden issue is a precedent-setting case that could affect the future of communities across Ontario.”