OPP investigating Toronto councillor Justin Di Ciano

Provincial police force is probing allegations the Ward 5 councillor violated the Municipal Elections Act.

Thesetar.com
March 8, 2018
By Jennifer Pagliaro

The OPP have launched a formal investigation into Toronto Councillor Justin Di Ciano after receiving information he allegedly broke elections rules.

Di Ciano, who was first elected in 2014 to represent Ward 5 (Etobicoke Lakeshore), is now the subject of a police probe led by the OPP's anti-rackets branch, which is in charge of investigating enterprise crime and complex fraud investigations.

The scope of the investigation, which a spokesperson only characterized as "potential violations of the Municipal Elections Act with reference to Councillor Justin Di Ciano" is not clear. Staff Sgt. Carolle Dionne said they had no further comment.

The OPP have confirmed they were first alerted to potential Elections Act violations by Toronto police Chief Mark Saunders on Sept. 22, 2017. That followed an investigation by the city's integrity commissioner, Valerie Jepson, who "referred a request to police regarding a concern one or more offences may have been committed" by Di Ciano, according to the OPP. Jepson declined to comment.

OPP said they were looking to see whether there was "sufficient evidence to warrant an investigation." An inquiry, led by OPP Det. Insp. Gerry Scherer of the criminal investigations branch, has resulted in an investigation being launched.

Earlier, Dionne told the Star the OPP were following up on allegations that fall under both the Criminal Code and the Elections Act. It's not clear if allegations under the criminal code are still being actively pursued by police.

A spokesperson could not say whether the investigation will expand beyond Di Ciano.

It's not known to the Star what allegations are being pursued. as part of the OPP investigation, including a secret recording the CBC's John Lancaster first reported and the Star confirmed the OPP were made aware of.

On Feb. 1, the CBC broadcast a recording that appears to be of Di Ciano's twin brother, Julien, soliciting donations from a family friend and offering to repay him $300 in cash if they gave the maximum amount of $750.

The OPP confirmed to the Star it is aware of the recording acquired by the CBC.

Neither Justin nor Julien Di Ciano responded to requests for comment on Thursday.

Justin Di Ciano earlier called the CBC story "factually incorrect."

Julien Di Ciano earlier told the Star the broadcaster had "their facts wrong."

"I have checked my financial records and there is absolutely nothing to suggest any irregularities," Julien Di Ciano wrote. He also questioned if the recording could have been altered

A male voice can be heard on the recording, posted on CBC's website, saying: "I need you to give me, ah, you and Magda, to give Justin a cheque for the campaign, for his political campaign, and I'm going to cut it back to you in cash."

"If you give $750 to the campaign, the city cuts you a cheque for $450 and I'm going to give you $300 in cash so you're not out any cash. OK? You did it last time. You and your girlfriend both did it the last election."

The other person on the call can't be heard. CBC reported it was Brandon Sobel, a family friend.

The Star does not have a copy of the recording and was not able to independently verify it. Julien Di Ciano, earlier told the Star he doesn't have a recollection of the call but didn't deny it was him on the recording. He said Sobel is a longtime family friend and he "can only assume" it was Sobel on the other end.

Both Sobel and a Magda Chelminska gave Justin Di Ciano's campaign $750, the maximum amount, according to financial records filed with the city's elections office. Both also gave the maximum amount to Di Ciano during his 2010 campaign.

Chelminska ran against Di Ciano in the 2014 campaign for the Ward 5 seat. According to her nomination papers filed with the city, Chelminska signed up to run on Sept. 12 — more than eight months into the campaign and just 45 days before election day. Financial statements submitted claimed no expenses and declared no donations, suggesting she do little to no campaigning. She came in second-last place with 645 votes.

Chelminska could not be reached for comment. Sobel answered the phone at work and promised to try to call the Star back, acknowledging he had received an earlier email. The call and a follow-up email were not returned before deadline.

Campaign filings show Di Ciano was running a deficit of more than $31,000 as the 2014 campaign period ended. He requested and received an extension to continue raising money beyond the deadline.

Of the 65 individual donations listed on a supplementary financial statement, 43, or 66 per cent, donated the maximum $750.