Want Rob Ford out of office? Talk to Kathleen Wynne

ABOVE: Can anything be done to force Mayor Rob Ford from office? Alan Carter reports. 

TORONTO – Hours before Toronto Mayor Rob Ford faced reporters Thursday (addressing a new video showing him swearing threats in an apparent rage), one councillor said he intends to put forth an amended motion for the province to remove Ford.

“If the mayor decides not to take a leave of absence, I will be requesting council to petition the province to have him removed from office,” said Councillor Denzil Minnan-Wong Thursday morning. “This situation is deteriorating. It’s not going away. It’s getting worse and council needs to act upon this.”

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Calls for Ford to step down have come from various politicians in the days since he admitted to smoking crack cocaine, many for the sake of his own health and safety.

But John Mascarin, a lawyer who specializes in municipal law, said nothing has changed from a legal standpoint since the crack video allegations surfaced in May.

“I don’t think the city can intervene and do anything unless he shows up at work inebriated and is causing disturbances,” said Mascarin. He noted the recent revelation that Ford was inebriated at city hall on St. Patrick’s Day 2012, but it was not during office hours.

Ontario Premier Kathleen Wynne said in May that she was open to having a “conversation” if at a “later date” there was a need to change legislation, but wouldn’t comment on the situation in light of the latest video released Thursday.

Mascarin said it’s difficult to deal with an employee who may have a substance abuse problem, unless they are caught red-handed.

“Unless something like a video comes out that shows him doing something else that the police might be able to pin,” said Mascarin. “But then again, it’s still just charges or allegations – he hasn’t been convicted. So you have to consider due process.”

Short of amending the City of Toronto Act and the Municipal Elections Act, an elected official can lose their seat if there’s a contravention of the Municipal Conflict of Interest Act or if they commit a corrupt practice under the Municipal Elections Act.

READ MORE: Province, city essentially powerless to remove Ford from office

Under the City of Toronto Act the options for removing a mayor are if they are incarcerated, miss more than three months of council meetings, cease to be a Canadian citizen, or no longer own or rent land in the municipality.

If Ford is facing a substance abuse problem, Mascarin noted in a past interview that council could allow him to miss meetings while he seeks treatment.

READ MORE: Does Ontario need recall legislation?

Ford said Tuesday that the public can decide whether they want him to stay when he runs for re-election next October.