The City of Brampton has refused to release 455 pages of building records related to extensive renovations at Mayor Patrick Brown’s home in a decision that experts in freedom of information law say is out of step with transparency legislation.
asserted
experts → refuse → legislation
Brampton officials say that releasing information on Brown’s building permits would endanger the “life and physical safety” of an unnamed individual, but have offered no further details to explain that decision.
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releasing → say → decision
It has been nearly one year since the Star made its request for the city documents while investigating complaints from Brown’s neighbours about building and renovations on his property.
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Star → make → property
Among the documents sealed from public view are: an archaeological report, city inspection reports related to his building permits, “deficiency letters” from city inspections on his home, and plumbing data — information that is routinely released under freedom of information laws, experts say.
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experts → seal → laws
“What the City of Brampton has done seems to me to be an egregious violation of the spirit of the legislation, if not the letter,” said professor James Turk, director of the Centre for Free Expression at Toronto Metropolitan University.
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Turk → do → University
“If you have nothing to hide, it just leaves the impression that there’s an overly secretive atmosphere within City Hall,” added Zachary Spicer, a York University professor in the School of Public Policy and Administration.
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Spicer → have → Policy
The safety exemption to the general rule that the public is entitled to government information is normally used for members of law enforcement, most often undercover police officers.
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public → entitle → enforcement
It’s not clear how the clause applies in Brown’s case; however, the Star’s sources, which are not being named because they’re not authorized to speak on the matter, say Brampton is concerned that releasing building permit information would endanger Brown himself.
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releasing → ’ → Brown
The Star has appealed the decision to Ontario’s Information and Privacy Commission.
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Star → appeal → Commission
Why the Star requested the documents
The Star routinely files freedom of information requests for property records, but this denial was unusual.
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denial → request → records
Most property records are released upon request, freedom of information experts say.
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experts → release → information
“How can there be political accountability if that information isn’t made available publicly?” said Turk, whose group advocates for “enhanced transparency and the public’s right to know.”
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group → make → transparency
The Star made its request after hearing complaints from Brown’s neighbours.
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Star → make → neighbours
They expressed concerns over a two-storey “garden suite” built abutting one neighbour’s property line, and the construction of a hockey rink with boards and a refrigeration system.
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They → express → boards
Neighbours have complained that in the spring thaw, there is drainage onto their properties and damage to foliage and trees.
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Neighbours → complain → foliage
The neighbours the Star spoke to have requested anonymity, saying they fear retribution by city officials.
Brown’s red brick, two-storey house is a “late 19th-century Gothic Revival” structure, built in 1871.
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house → speak → 1871
It was originally the home of Peel Region’s first Crown attorney
Brown and his wife purchased the house on the 1.46-acre parcel of land in downtown Brampton in July 2022, paying $3 million.
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Brown → purchase → million
Before Brown purchased it, the previous owner had been denied a request to sever the lot into two parcels.
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owner → purchase → parcels
Online city records show that soon after taking possession, Brown applied for six building permits.
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Brown → show → permits
A seventh permit, for a swimming pool, had recently been opened by the previous owner.
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permit → open → owner
Brown’s six permits were for several projects, described in scant detail as an “accessory building,” “change of use — two unit dwelling”; and “renovation — single family detached.”
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permits → describe → use
The electronic registry provides the date the permit was taken out, and a brief description of the type of work, including: underground plumbing, above-ground plumbing, HVAC, addition, footing, backfill, structural framing and accessory building.
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permit → provide → ground
As with all online city permit information, nothing else is listed.
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nothing → list → information
To get more information, people seeking information have to ask city staff for the documents.
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people → get → documents
Patrick Brown’s renovations
The requested building permits related to work that required variances to municipal rules.
Brampton’s committee of adjustment held a hearing in 2023 on Brown’s application for a “minor variance” to allow a two-storey building and garden suite to be built closer to a neighbour’s property line than city rules usually allow.
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rules → request → line
Neighbour Betty Lee, who has a bungalow to the north of Brown’s property, objected.
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who → have → property
She wrote a letter to the city in 2023 saying that she feared she would see a “towering monolithic wall that blocks light and creates a feeling of being boxed in.”
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that → write → feeling
She noted the mayor’s property is situated in a Brampton heritage district.
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property → note → district
Lee also said that since Brown purchased the property, there has been a lot of traffic, with cars coming and going to the house, disrupting the formerly quiet neighbourhood.
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cars → say → neighbourhood
Brown is not referred to as mayor in any city documents, nor at a public hearing to discuss his plans.
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Brown → refer → plans
On his side, Brown retained well-known planner Maurizio Rogato, who often represents big companies applying for variances.
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who → retain → variances
In a letter to the city, Rogato argued that Brown’s two-storey structure (a carport and garage with a garden suite on top) is “representative of good land-use planning.”
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structure → argue → planning
Rogato said the garage, garden suite and a pool cabana for the newly constructed pool (the previous owner had applied for that permit) “will ensure the continued enjoyment of a residential dwelling within the City’s Downtown.”
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owner → say → Downtown
He noted that there would be a three-metre setback from Lee’s property, and he said that is allowed by city rules.
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that → note → rules
City staff produced a report, which is available on Brampton’s website.
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which → produce → website
It notes that city rules require a 25-foot setback from the property line for the second storey of the proposed structure.
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rules → note → structure
They expressed support for Brown’s plan, which would mean the new setback would be just under 10 feet.
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setback → express → plan
City planner Rajvi Patel, in the report, called the variances “minor in nature.”
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Patel → call → nature
A meeting of the committee of adjustment was held on May 30, 2023.
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meeting → hold → May
Lee spoke about her concerns, saying she had lived in her house for 20 years.
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she → speak → years
…and 45 more, not listed.
The Aporia
