Denials and delays: Ontario voters will cast their ballot without knowing Doug Ford’s role in the Greenbelt scandal

“Information should be available to the public.” 

This is the first principle in the legislation outlining how the access to information system in the province is meant to operate. 

It is the lens through which coordinators employed by the government are meant to view their role when assisting the public and members of the media seeking government records to ensure accountability to taxpayers. 

Under existing law, access is meant to be the rule, not the exception. 

But not under the Progressive Conservatives and Doug Ford. 

“People deserve transparency and accountability from their Premier. Through the Greenbelt scandal and the shady Ontario Place sell-off, Doug Ford has shown us who he really is—someone who has used every trick in the book to keep things hidden from the public,” Ontario NDP Leader Marit Stiles told The Pointer. “They got caught trying to sell the Greenbelt off, and now they're being investigated by the RCMP. They should be transparent and tell Ontarians who from Ford's team is being interviewed by the RCMP.”

Since the scandal erupted in the summer of 2023 The Pointer has been working to obtain further information related to the much-maligned decision by the PC government and Doug Ford to remove 15 parcels of land from the Greenbelt. The scandal, which the auditor general found favoured certain developers, rocked the government. It has been widely speculated the early election call by Ford is a strategy to get ahead of any results from the ongoing RCMP criminal investigation into the scandal.

Using the Freedom of Information process, The Pointer has been trying to answer pressing questions: how were each of the 15 Greenbelt parcels selected; who was involved; what did Ford know and when; and why did the PC government move so fast to give a small number of developers what they wanted?

Auditor General Bonnie Lysyk estimated the 7,413 acres of the Greenbelt quietly selected for development increased in value from approximately $240 million prior to Ford’s decision, to $8.523 billion. 

Ontario NDP Leader Marit Stiles is calling on the PCs to release all information about the Greenbelt land swaps.

(Marit Stiles/X)

Both Ford and former housing minister Steve Clark (he resigned from the post following the scandal) pushed the narrative that they knew nothing about the land selection process. The blame was almost entirely placed at the feet of Clark’s former chief of staff Ryan Amato. It’s a narrative that evidence from investigations conducted by the auditor general and integrity commissioner suggest is not true, with documents suggesting both Ford and Clark were well aware of the process unfolding to open up the Greenbelt. 

Both Steve Clark, former housing minister, and Doug Ford have maintained they knew nothing of the selection process to remove lands from the Greenbelt.

(Government of Ontario)

The Pointer filed a number of FOI requests in November with the Cabinet Office, the department responsible for providing advice and analysis to the premier and his ministers to push forward government priorities.

The Pointer requested copies of all meeting materials, including slide decks, memos and meeting notes between October 22, 2022 and November 2, 2022. It is during this period that Ford and his Cabinet were briefed on the 15 parcels of land proposed to be removed from the Greenbelt. Ford and Clark both claim this is when they first learned about the plan to open up these parcels for development.

On December 19, 2024, the Ministry of Municipal Affairs and Housing informed The Pointer the request had been extended 90 days to March 19, 2025.

The Pointer also requested all communications between Michelle DiEmanuele, the Secretary of Cabinet, and 18 individuals including key ministers, their staff and the premier. Specifically, The Pointer was looking for discussions, communications, presentations and any record between September 1, 2022 and December 1, 2022 regarding anything to do with the Greenbelt land swaps; decisions around the parcels of land being selected; Greenbelt policy and the carrying out of the PC government's stated objective to remove certain parcels of the Greenbelt.

On December 23, the Cabinet Office responded.

If The Pointer was willing to pay the $135 fee for 4.5 hours of staff time to retrieve the documents “partial access may be granted.” The Pointer paid the $67.50 deposit to proceed with the request.

On February 6, 2025, just over a week after Ford’s early election call, the Cabinet Office changed direction and denied the request entirely, citing two sections of the Freedom of Information and Protection of Privacy Act (FIPPA) meant to “to protect the substance of deliberations of the Executive Council or its committees” and “to protect the advice and recommendations made to government.” The Executive Council is informally known as the Cabinet. 

The preliminary decision to grant partial access, followed by a denial is not unprecedented, but the sweeping denial to a request involving such a large number of government raises questions. 

Section 12 of the FIPPA allows the government to deny records that could reveal “the substance of deliberations of the Executive Council”. This Section allows the government to deny access to agendas and minutes; policy options or recommendations to the Executive Council, and basically any document related to the creation or discussion surrounding legislation, regulation or briefings to be brought before the Executive Council.

But Section 13 places an asterisk on all of these records, noting that while the government can deny access to anything that would “reveal advice or recommendations of a public servant, any other person employed in the service of an institution or a consultant retained by an institution”, there are a number of exemptions, where the documents can and should be made public. 

According to the FIPPA, these include: 

• factual material, statistical surveys, a report by a valuator, or an environmental impact statement or similar record, intergovernmental reviews, feasibility and technical studies, including cost estimates related to a government policy or project 
• a final plan or proposal to change a program of an institution, or for the establishment of a new program “including a budgetary estimate for the program, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to the Executive Council or its committees”
• a report of an interdepartmental committee task force or similar body, or of a committee or task force within an institution, which has been established for the purpose of preparing a report on a particular topic, unless the report is to be submitted to the Executive Council or its committees

The FIPPA states the documents can be released if they relate to “the reasons for a final decision, order or ruling of an officer of the institution made during or at the conclusion of the exercise of discretionary power conferred by or under an enactment or scheme administered by the institution”. 

In June 2022, Ford directed former housing minister Steve Clark through his mandate letter to “complete work to codify processes for swaps, expansions, contractions and policy updates for the Greenbelt”.

According to Clark, this responsibility was given to his chief of staff and a small group of unelected staff members to carry out.

After The Pointer’s FOI request was denied, there was no indication given by government officials as to how the decision was made, how it applies to the different records and communications requested, or the total number of records that are being withheld. 

The Pointer has appealed the refusal to Ontario’s Information and Privacy Commissioner, requesting release of the documents under the requirements of the province’s access to information law.

“Throughout all Ford's scandals, New Democrats have fought to ensure that the foundations of our government remain transparent, accountable, and dedicated to the public interest,” Stiles said. “While the rest of us have faced rising costs, the Ford government has only looked after their wealthy insiders. After seven years, we can’t trust them to change now.”

Throughout the scandal, and even after reversing his legislation and returning the parcels to the Greenbelt, Ford has maintained he was completely hands-off during the process to select the lands—as the PCs pointed the finger at Amato.

While Amato led the process to review which lands should be removed, even taking recommendations directly from Silvio De Gasperis and Michael Rice, the two developers who stood to gain the most from the legislative changes, the NDP and Ontario Liberals have said Ford and Clark would have been acutely aware of the process unfolding within their government.

Evidence suggests both Ford and Clark knew more than they told the auditor general and integrity commissioner.  

The Ontario Integrity Commissioner, David Wake, found Clark broke numerous ethics laws by failing to adequately monitor staff under his control. He outlined how the concerted effort by the PCs to dismantle regulations around smart planning and the years-long lobbying by developers worked hand-in-hand to open up the Greenbelt.

“The evidence paints a picture of a process marked by misinterpretation, unnecessary hastiness and deception,” Wake wrote in his report released in late August 2023. 

Wake’s report contains evidence that meetings took place between Ford and Clark’s offices on the Greenbelt plan, despite their claims they knew nothing.

Wake cites typed notes from an unnamed ministry official that took place on October 21, 2022. The notes detail a senior planner pointing out three additional sites that weren’t included on any prior list for removal from the Greenbelt. The notes cite that Amato stated, “3 additional files were given straight from premier”.

“Another ministry official advised they recalled being told files had been given straight from Ford, but they did not recall which ones,” Wake’s report states. 

Both Ford and Amato denied that the premier gave any site recommendations when questioned by the IC, with Wake concluding Amato was likely “dropping the name of the premier” to lend authority to the direction being given.  

Notes from the same October meeting indicate Clark was concerned about servicing, and there would be a “briefing with M on wed” and “need to finalize the list in scope; will raise issues re: use it/lose it; on M’s mind, servicing for each property”; “M” was a reference to the minister, suggesting Clark was aware of issues related to the parcels of land to be removed from the Greenbelt. 

Clark claimed to the IC he had no recollection of any meetings prior to October 26, 2022.

Even before Ford was elected premier in 2018, one of his main priorities was opening up the Greenbelt for development—he was caught on hidden video promising as much to a group of Ontario’s largest developers. The video showing him vowing to open a “big chunk” of the protected greenspace for housing development continues to plague Ford. 

After getting elected, Ford’s development-focused agenda, much of it taken almost verbatim from documents written in years-past by lobbyists for residential home builders, has made development easier while eroding protections that keep the Greenbelt shielded from encroachment by builders.

His dogged push for Highway 413, which runs along and sometimes through the Greenbelt’s southern edge, will unlock vast segments of land in and next to the protected corridor. 

His changes to the provincial wetland classification system makes it difficult to classify new wetlands for protection, leaving these critical ecosystems vulnerable. 

He blunted the power of conservation authorities to intervene in damaging developments; pushed for the Bradford Bypass to cut the Holland Marsh Wetland Complex in half, devastating the area and threatening nearby Lake Simcoe. 

He labelled the Greenbelt “a scam”. 

Ford has been heavily involved in every aspect of legislation geared toward making development easier across Ontario, on protected lands or otherwise. 

Regarding the Greenbelt, Ford made changes to legislation a priority, accepting a report from a small group of unelected staffers with next to no experience to make the significant decision to parcel out pieces of the world’s largest swath of protected greenspace.

The billions of dollars in natural services the Greenbelt provides are at risk as Doug Ford continues to push major infrastructure projects and legislation that threaten to destroy it.

(Greenbelt Foundation)

Ford claimed the 15 parcels eventually selected for removal from the Greenbelt were needed to provide 50,000 housing units to meet the target of 1.5 million new homes by 2031 set by his PC government. Lysyk, speaking with chief planners in the regions impacted, concluded more than enough land was available within existing municipal boundaries, and there was no need to obliterate the Greenbelt.

The FOI process has not been transparent. 

Even when requests have been approved, the process was onerous. 

In November, The Pointer requested a copy of DiEmanuele’s calendar between August and December of 2022. The calendar of a public official has traditionally been provided immediately, often without the need to file an FOI request. On December 19, the Cabinet Office agreed to share the information at a cost of $30. The fee was paid by The Pointer, but the documents have yet to be received. The Cabinet Office has not responded to emails seeking clarification around when the information will be released. It’s unclear why they are being kept private despite assurances DiEmanuele’s calendar would be turned over, with payment sent months ago. 

“Every decision Doug Ford makes to benefit his friends has taken money away from you and your family,” Bahoz Dara Aziz, Ontario Liberal leader Bonnie Crombie’s Press Secretary, told The Pointer. “Ford has consistently put his friends first and the people of Ontario last. It’s clear Doug Ford can’t be trusted with your money. That’s why Bonnie has committed to undoing his shady backroom deals. In her first 30 days, she will launch a comprehensive investigation into all of the Ford Government’s backroom deals and take action on any found to have benefitted Conservative insiders or friends of the Ford family, at the expense of hard-working Ontario families.”

Ontario Liberal Leader Bonnie Crombie has repeatedly accused Doug Ford of calling an early election to get ahead of the RCMP investigation report into the Greenbelt scandal.

(Bonnie Crombie/X)

The Ontario government has also delayed several other FOI requests sent by The Pointer—pushing any potential release date to after the February 27th election. 

On August 20th, The Pointer requested copies of all communications between Health Minister Sylvia Jones, her chief of staff and any staff members within the office of Doug Ford that relate to the decision to close safe consumption sites, or consumption and treatment services (CTS) sites.

On September 20, the Province extended its response time for 60 days to November 20, 2024. On that day, the request was extended again, this time to January 3, 2025. 

At the beginning of January, government officials told The Pointer it would take 3.5 hours to find and prepare the documents at a cost of $105. The Pointer then paid a deposit of $52.50 to move forward with the request. 

On January 28, the same day Ford called the early election, government officials informed The Pointer more time was required to prepare the documents for release as “upon final review there were some additional records that require consultation.” The request was extended again, this time to February 27—the day of the provincial election.

A similar request for documents and communications between senior staff members involved in the review of supervised consumption sites that was initiated following a shooting death in July 2023 outside the Leslieville site in Toronto. Requests for information involving senior staff in Jones’s office, including draft versions of reports or any emails that discuss recommendations or findings of these reviews, have faced similar delays and extensions. 

First submitted on August 20, 2024, government officials responded on September 20, extending the request for 60 days to November 20. 

It wasn’t until December 5 that The Pointer learned the request had been extended another 30 days. The FOI coordinator blamed the late notification on a technical issue with the email system. 

On December 13, government officials agreed to grant partial access to the documents. A $135 fee was paid to move forward with the request. 

On February 3, The Pointer was told the request had been extended once again, this time by 60 days to April 4, 2025.

As voters head to the polls in one week, not one FOI request filed with the PC government, including those initiated in August, six months ago, has been met. 

Email: [email protected]

At a time when vital public information is needed by everyone, The Pointer has taken down our paywall on all stories to ensure every resident of Brampton, Mississauga and Niagara has access to the facts. For those who are able, we encourage you to consider a subscription. This will help us report on important public interest issues the community needs to know about now more than ever. You can register for a 30-day free trial HERE. Thereafter, The Pointer will charge $10 a month and you can cancel any time right on the website. Thank you