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New Act Establishes Greater Openness, Transparency And Accountability
TORONTO, Oct. 19 /CNW/ - A comprehensive bill passed by the Ontario
legislature will modernize the justice system and improve access to justice,
Attorney General Michael Bryant announced today.
"The McGuinty government is working hard to ensure Ontarians get enhanced
access to justice," said Bryant. "The Access to Justice Act will make the
justice system more effective and accessible, benefiting all Ontarians."
The Access to Justice Act, 2005 will regulate paralegals and reform the
justice of the peace system. It will also update the Provincial Offences Act,
the Limitations Act, 2002 and the Courts of Justice Act. A new act, the
Legislation Act, will be created to update the rules for the use, publication
and interpretation of Ontario's laws.
The Access to Justice Act will provide for paralegal regulation in order
to give consumers a choice in qualified legal services while protecting people
who get legal advice from non-lawyers. For the first time in Canada's history,
paralegals will be required to receive training, carry liability insurance and
report to a public body that can investigate complaints.
"Today, paralegals joined the ranks of doctors, lawyers and teachers as a
regulated profession in Ontario," said Bryant. "We are really witnessing the
birth of a new profession."
Under the act, the Law Society of Upper Canada, which has the experience
and ability to regulate professionals providing legal services, will regulate
paralegals. A paralegal standing committee, with a non-lawyer majority,
chaired by a paralegal, will take the lead in implementing paralegal
regulation for the Law Society.
"The Law Society will play an important role in regulating paralegals,"
said Gavin MacKenzie, Treasurer of the Law Society of Upper Canada. "We will
ensure that consumers who use legal services, whether through lawyers or
paralegals, are properly protected. We welcome this legislation as a means to
safeguard consumers."
"By regulating paralegals, the government has strengthened the role of
paralegals in Ontario. This legislation will recognize and enhance the value
that licensed paralegals provide to the public," said paralegal Margaret
Louter. "Paralegals will have a prominent role in the governance of the Law
Society and in particular over the regulation of paralegals."
The Access to Justice Act will ensure a more open and transparent
appointment process for justices of the peace. Reforms will establish minimum
qualifications for justices of the peace and establish a new Justices of the
Peace Appointments Advisory Committee that will reflect Ontario's diversity
and regional differences. The act introduces increased flexibility by
providing that experienced retired justices of the peace can be temporarily
assigned to specific matters on a per diem basis.
"These reforms will improve the administration of justice and in
particular proceedings under the Provincial Offences Act," said Doug Reycraft,
president of the Association of Municipalities of Ontario. "The passage of
this legislation addresses a long-standing concern of municipal governments in
Ontario."
An amendment to the Provincial Offences Act will permit witnesses in
proceedings under the act to be heard and cross-examined by electronic means.
"Changes to the Provincial Offences Act will allow police officers to
give evidence outside of court, through technology such as video conferencing
which will free up officers for other important services," said Bob Baltin,
president of the Police Association of Ontario.
The Access to Justice Act will also:
<<
- Amend the Limitations Act, 2002 to promote a healthy business
environment, by allowing businesses the flexibility to set their own
limitation periods that are either longer or shorter than those set by
the current statute. The act will allow potential litigants to extend
limitation periods to promote the settlement of disputes out of court.
- Amend the Courts of Justice Act to provide greater transparency and
accountability for the administration of the courts. The publication
of an annual report on the operations of the courts will be required.
- Create the Legislation Act, which brings the way laws are made and
interpreted into the electronic age. For example, the act will make
the electronic version of our laws the official version of a statute.
The Access to Justice Act is just one of the ways the McGuinty government
is providing Ontarians with improved access to justice.
Disponible en français
www.attorneygeneral.jus.gov.on.ca
Backgrounder
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MCGUINTY GOVERNMENT ACHIEVING RESULTS
IN IMPROVING ACCESS TO JUSTICE
The McGuinty government is achieving results in improving access to
justice. The government has implemented a number of initiatives to modernize
and improve access to Ontario's justice system while providing greater
openness, transparency and accountability. These initiatives include:
- Passing Bill 14, the Access to Justice Act, 2005 that will:
- Regulate paralegals and give consumers more choice in qualified
legal services while protecting people who get legal advice from
non-lawyers
- Amend the Justices of the Peace Act to reform the appointment
process, establish minimum qualifications and improve the
complaints and discipline process for justices of the peace
- Amend the Provincial Offences Act to allow witnesses to be heard
by video conferencing or other electronic means
- Create the Legislation Act, modernizing the rules for interpreting
and publicizing Ontario's statutes and regulations
- Amend the Limitations Act to give potential litigants and
businesses the opportunity to reach their own arrangements on
limitation periods, which are time periods that set out how long a
person has to start legal proceedings
- Amend the Courts of Justice Act to increase the use of periodic
payments to provide compensation for successful plaintiffs of
medical malpractice cases and reduce taxpayer subsidies to medical
doctors' malpractice insurance.
- Appointing 59 judges, 40 justices of the peace and additional court
staff to shorten the time it takes to get cases to trial. The
government also hired 64 Crowns who are dedicated to the Guns and
Gangs Task Force and related matters. As well, the complement of
judges that hear family and child protection cases in the Ontario
Court of Justice has increased by six.
- Appointing former associate chief justice of Ontario Coulter Osborne
to lead the Civil Justice Reform Project, which will develop options
to reform the civil justice system to make it more accessible and
affordable.
- Re-establishing an independent and modern Law Commission of Ontario,
which will work with the judiciary and academic institutions, as well
as with the public, to examine important issues, and to develop
recommendations on how to improve the administration of justice and
enhance access to justice.
- Introducing Bill 107, the Human Rights Code Amendment Act, 2006 that
would, if passed, improve and strengthen the promotion, advancement
and enforcement of human rights in Ontario.
- Introducing Bill 103, the Independent Police Review Act, 2006 that
would, if passed, create an independent civilian body to administer
the police review system in Ontario.
- Enhancing the efficiency and effectiveness of Toronto civil courts by
moving some operations to a new location at 330 University Ave. and
expanding the capacity of the civil court system.
- Constructing two major crime courts in Toronto designed to meet the
requirements of large, complex trials that involve multiple accused.
- Increasing funding to Legal Aid Ontario by $13 million in 2006/07.
Since October 2003, the McGuinty government has increased base funding
by 10 per cent, or $25 million.
- Adopting policies and procedures to enhance the openness of the
justice system to the media and public, promote greater access to
information and support education for justice partners and the media.
- Implementing a new regulatory scheme to protect people who hire
lawyers on a contingency fee basis. Contingency fee agreements lower
the cost barrier for people seeking access to justice.
- Establishing a pro bono task force to look at new ways for government
lawyers to do pro bono work in the community. This includes the Adopt-
a-School Project, in which lawyers support teachers in legal
education.
- Enacting Bill 27, the Family Statute Law Amendment Act, which ensures
that all family law arbitrations are governed by Ontario and Canadian
law.
- Providing low-income Ontarians with greater access to justice through
court fee waivers. People who meet the eligibility criteria
automatically qualify for fee waivers, while those who do not qualify
may ask a judge, in writing, for a waiver.
Disponible en français
www.attorneygeneral.jus.gov.on.ca
>>
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For further information: Greg Crone, Ministry of the Attorney General, Minister's Office, (416) 326-1785; Brendan Crawley, Ministry of the Attorney General, Communications Branch, (416) 326-2210
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