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Archive for ‘Justice Issues’

How Can We Get Lawyers to Change the Way They Do Advance Medical Care Planning With Their Clients? a Physician’s Reflections

I recently visited with a friend in my hometown in Lethbridge, Alberta who is struggling with an incurable cancer. He was suffers from pain, confusion, and despair. He loves his life and his family and is sad to think about dying.

I asked about his future medical plans and his wife proudly declared, “we’ve been to the lawyer and filled out those forms” — suggesting that nothing more needed to be done. But can a form filled out in a lawyer’s office really ensure that you get the medical care that’s right for you?

I asked my friend’s wife for . . . [more]

Posted in: Justice Issues, Practice of Law

New Measures to Cover Gap in Agent Representation

On June 21, 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, received Royal Assent. The Bill was an omnibus legislation that was prompted by the delays caused described in Jordan and Cody.

The effect of this Bill was to remove preliminary inquiries for virtually all offences, expand spousal violence to include intimate partner violence, abolish the use of peremptory challenges for jurors, and hybridize almost all indictable offences under 10 years while increasing the maximum penalty to 2 years for summary . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

The New Victim Quick Response Program in Ontario

The 2019 Ontario Budget, released in March, introduced a number of sweeping changes, including a focus on “Ensuring Agencies are Relevant, Efficient and Effective.”

One of these proposed changes was to the Criminal Injuries Compensation Board (CICB), to replace the quasi-judicial tribunal model established under the Compensation for Victims of Crime Act with an administrative model. This as then introduced and passed under Bill 100, Protecting What Matters Most Act (Budget Measures). The rationale, as with much of the legal reforms in this budget, is to reduce the expenses related to the adversarial process and expend resources directly . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

A Day in the Life of a PBO Hotliner

Prior to Ontario’s most recent provincial election, I didn’t know much about Pro Bono Ontario (“PBO”), a registered charity since 2001 which serves just under 30,000 clients each year from 11 locations. I wasn’t a litigator, and my clients were large corporations, not regular, everyday Canadians, so it wasn’t part of my world. But earlier this year, PBO gave a most impressive presentation to the Legal Innovators Roundtable describing how it was achieving maximum impact with a modest budget through its Free Legal Advice Hotline, using a thoughtful blend of volunteers as well as old and new technology. It sounded . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice, Technology: Internet, Technology: Office Technology

Court Services of the Future: Online Mediation

In British Columbia, the Legal Services Society has launched a free, online service called “The Family Resolution Centre”. It is part of My Law BC (delivered by legal aid provider Legal Services Society).

The Family Resolution Centre program of My Law BC helps separated couples create parenting plans online. The parenting plans deal with parenting time, vacations, and other childcare needs. Alternatively, couples can request up to five hours of free assistance from a mediator. It is the first service of its kind in Canada. It can be accessed from mylawbc.com under “Mediation Tool”.

Tools like the Family . . . [more]

Posted in: Justice Issues

Affirming a Liberal Interpretation of Public Interest Standing for Constitutional Challenges

Earlier this month, the Ontario Court of Appeal affirmed a broad view of public interest standing in Alford v. Canada (Attorney General) when it reversed a trial level decision denying Alford standing to challenge as unconstitutional a particular provision of the National Security and Intelligence Committee of Parliamentarians Act. . . . [more]

Posted in: Case Comment, Justice Issues, Substantive Law: Judicial Decisions

A Former Adjudicator Contemplates the Ontario Court of Appeal’s Mix-Up

When I first heard about the confusion around the Ontario Court of Appeal’s decision in Hilson v. 1336365 Alberta Ltd. (“the withdrawal decision”), I, like many others (I assume), thought, “how could this have happened?” I sat for a while as a vice-chair of the Ontario Labour Relations Board and as alternate chair of the Ontario Pay Equity Tribunal, very often on a panel of three adjudicators. I decided to track the making of a decision, as I know it, at least, to see where the mistake may have occurred. . . . [more]

Posted in: Case Comment, Justice Issues

Ethical Conduct in Cabinet Absent Precise Definitions of Conflict

The Conflict of Interest Act (the “Act”) is likely one of the most reviewed pieces of legislation this week, as a result of the release of the the Trudeau II Report. The characterizations of the Report, and the underlying lessons that may be gleaned, risk being lost to partisan narratives absent close scrutiny.

The history of attempts to define rules around conflicts of interest go back to at least the 1970s, but despite several discussion papers, task forces, committees, inquiries, and reports, very little was actually achieved for over three decades.

The first of these was a green paper introduced . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Hearings for Court of Appeal Nominees

Recently, the chief justice of Canada, The Honourable Robert Wagner, suggested that appointments to the appellate courts might beneficially echo the process for appointment to the Supreme Court of Canada, with the introduction of legislative hearings into the nominee. As reported in The Globe and Mail, the chief justice argued that public nomination hearings would add to the transparency that he is seeking to bring to the judicial process and would increase trust in the judiciary; he explained, “the best way to avoid bias and prejudice is to inform the people.” Based on the process for SCC nominees, is . . . [more]

Posted in: Justice Issues

Contrasting Petersoo v. Petersoo and Moore v. Apollo Health [And] Beauty Care: Should a Judge or Arbitrator Ever Become an Advocate?

The Ontario Court of Appeal recently held in Petersoo v. Petersoo that a family law arbitrator should not ensure that a represented party is aware of an issue that is raised in the arbitration. This contrasts with Moore v. Apollo Health [and] Beauty Care, in which the Court of Appeal determined in 2017 that a judge who did not ensure that an unrepresented plaintiff who had intended to raise a claim had failed in his responsibility. . . . [more]

Posted in: Case Comment, Justice Issues, Substantive Law: Judicial Decisions

Parenting Coordination Unboxed and Repurposed

Parenting coordination was first developed in California in the 1980s as a response to family law cases characterized by elevated levels of conflict and repeated trips to court. The Special Master Program, as it was then known, was established to help parents resolve ongoing child-related disputes through a combination of consensus-building and decision-making, steering parents away from court and providing a more holistic, balanced alternative to the conflict and expense of adversarial court processes.

Under this program, parents were referred to mental health professionals who sought to resolve parenting disputes through mediation but, if mediation failed, were empowered to resolve . . . [more]

Posted in: Justice Issues, Practice of Law

The Review of Government Appointments Should Be Public

Integrity Commissioner J. David Wake recently indicated that he could investigate the Ford government’s appointments of people with whom the Premier’s former chief of staff, Dean French, had some form of association or, indeed, all previous appointments. (Mr. French resigned as the premier’s chief of staff after news of appointments initially broke.) However, Mr. Wake also stated that he could report only to the premier and not release his findings to the public. Yet the public has an interest in such cases, perhaps particularly one that appears to be so extensive, and not only in the appointments themselves, but . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation