SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
March 5, 2024 09:00AM
  • Mar/5/24 3:50:00 p.m.

Good afternoon. I rise today to speak on third reading of Bill 157, the Enhancing Access to Justice Act, 2023, and share some of the reasons why I am supporting it. I’m pleased to be sharing my time with the hard-working member from Carleton.

As has been said by the Attorney General and others, this bill, if passed, will improve access to justice for more victims of crime, improve community safety and modernize and simplify the court and its operations. As someone who is a strong advocate for victims of crime, I am pleased to support this bill, as it represents a positive step forward to assist people to better access justice.

First, let me say a few words about public safety and access to justice for victims of crime. Keeping our communities safe and increasing access to justice for victims of crime is a key priority for me and for this government. Ontario’s justice system needs to be accessible and responsible to all Ontarians, especially those who need it most. That’s why we are proposing changes to the Victims’ Bill of Rights that would make it easier and less traumatizing for certain victims to sue convicted offenders for emotional distress and related bodily harm.

Currently, three types of crimes are identified in the Victims’ Bill of Rights where a victim can sue the convicted offender for emotional distress. These crimes include assault by a spouse, sexual assault, and attempted sexual assault. Our government is proposing to expand this list to include victims of human trafficking, victims of sexual offences against a minor or a person with a disability, and the publication or distribution of a voyeuristic recording or an intimate image without that person’s consent.

Speaker, as my colleagues here today will know, in November 2022 I introduced a private member’s motion titled Keira’s Law in the Ontario Legislature. This motion was named after four-year-old Keira, who tragically lost her life as a result of an apparent murder-suicide. It was unanimously passed in this House, and it called for the education and training in intimate partner violence and coercive control for provincial court judges and other professionals in the Family Court system.

Since then, our government has taken further action. We’ve passed the Strengthening Safety and Modernizing Justice Act, which now mandates that all newly appointed and existing provincial court judges and justices of the peace must undertake education and training in gender-based intimate partner violence and coercive control.

These amendments were largely thanks to the tireless advocacy of Jennifer Kagan, Keira’s mother, and the hundreds of women who shared their stories and provided their support for Keira’s Law.

But we haven’t stopped there. Our government has zero tolerance for violence against women and children in all its forms. We’ve invested nearly $247 million to support victims of violence and almost $29 million in violence prevention initiatives. We’ve invested $5.9 million over two years through the Victim Support Grant Program to enhance capacity to support survivors of intimate partner violence and human trafficking. And late last year, the Attorney General announced a one-time $2.13-million investment to the Partner Assault Response Program, to supplement the annual $10.6-million allocation.

People in my community of Oakville North–Burlington are already seeing this funding in action. From 2022 to 2023, Halton Women’s Place received about $2.5 million in funding to deliver emergency shelter services under the violence against women program, the Transitional and Housing Support Program, and the Family Court Support Worker Program. Additionally, at the end of 2023, SAVIS, Sexual Assault and Violence Intervention Services of Halton, received $98,600 to implement an overnight crisis line to offer immediate support for volunteers and service users. And $100,000 was given directly to the Halton Regional Police Service’s human trafficking unit.

There is well-documented evidence that victims of these crimes can experience long-term effects, like post-traumatic stress disorder, anxiety and other mental health challenges. We continue to listen to victims like those in Keira’s family, and through Bill 157 we are making the key changes that will increase their access to justice. These proposed amendments will make it easier for victims to sue their offenders for emotional distress in civil court.

Speaker, our government recognizes the serious nature of these crimes, and we are taking action.

Let me focus for a moment on the steps we are taking and, through this bill, proposing to ensure that Ontario’s justice system and laws meet the demands of the 21st century.

Together with the judiciary and all partners across the justice system, we continue to harness new and existing technologies to improve and expand access to many different services.

Our goal has always been clear: to facilitate a modern and accessible justice system that works for everyone. Ontarians deserves nothing less.

About a year ago, we officially opened the new Ontario Court of Justice building in Toronto. This new courthouse brings most of our criminal court services from six different Ontario Court of Justice locations into one accessible, state-of-the-art courthouse. It accommodates virtual and hybrid hearings, and it has conference settlement rooms and enhanced security features. It can accommodate the unique needs of drug treatment, Gladue services, youth and mental health court users, and provides supports for victims.

Our government is also in the midst of rolling out expanded digital justice solutions to deliver more justice services online. Digital transformation in the justice sector is long overdue, and we are succeeding in our efforts to make 21st-century technology a permanent fixture in the administration of justice in Ontario. The Courts Digital Transformation Initiative is an important and significant milestone in this new era for justice in Ontario and will be the most significant single step forward in the digital evolution of justice in Canada.

In 2021, our government launched the Justice Accelerated strategy to break down long-standing barriers in the system and move more services online and closer to Ontarians regardless of where they lived. This includes rural, northern and First Nations communities. Since then, we have:

—expanded electronic filing to more than 700 types of civil, family, bankruptcy, divisional court and small claims court documents through Justice Services Online;

—committed $65 million to virtual and hybrid hearings;

—expanded our online court case search tool to ensure the public can search basic court information in select civil and active criminal cases without having to line up at or call a courthouse; and

—substantially increased funding for Community Legal Education Ontario.

As the Attorney General says, this is the way of the future, and it’s what the people of this province deserve. As a lawyer myself, I welcome this change.

Yet despite all of our advances, some of Ontario’s court processes remain outdated, leading to inefficiencies and challenges for court users. That’s why we are putting forward proposals in this bill to change the Courts of Justice Act and other statutes, creating flexibility and filling current gaps in procedures. We are also proposing changes to make the procedures for judges in the Court of Appeal and Superior Court of Justice to deal with vexatious litigants more flexible to help reduce the use of court resources and delays. These vexatious litigants rob our courts of time and resources which are better used for legitimate attempts to resolve disputes.

As the minister said when this bill was introduced, if passed, the Enhancing Access to Justice Act will ensure that Ontario’s justice system remains fair, remains responsive and remains accessible for those who need it the most, while continuing to keep people safe. I encourage all of my colleagues in the House to support this bill.

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  • Mar/5/24 4:00:00 p.m.

Thank you very much to the member opposite. I know that you also feel very strongly about issues as they impact women and children and domestic violence.

There has never been a government in Ontario that has done more to support women and children, particularly in this particular vulnerable area.

As you know, the Ontario government is investing an additional $18.7 million this year to prevent and address violence against women and girls. This is in addition to the amount of $247 million that I mentioned in my remarks.

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  • Mar/5/24 4:10:00 p.m.

Thank you to the member for Thornhill.

I think that many of us in this House share the concern of this rise in hate. Hate has absolutely no place here in the province or in Canada. This is something that both the Attorney General and the Solicitor General have said many times, as well as the Premier, and we all support initiatives to be able to mitigate acts of hate.

What we’ve been doing is, through the Victims’ Bill of Rights, allowing victims to sue their convicted offender for emotional distress caused by certain crimes. We are proposing to add the following new crimes for which a victim can sue for emotional stress. They include:

—terrorism;

—faith-based related crimes that we already had included in this section—will now also be able to apply to clergy and/or religious worship;

—motor vehicle theft;

—sexual offences against minors and other offences not already included;

—human-trafficking-related offences not already included; and

—violent crimes and other offences causing a threat to personal safety—

One of the things I would like to say, particularly as a lawyer who used to actually practise using legal aid certificates, is that this is the only government in the last 25 years that has made significant changes to support legal aid. The hourly fee structure for roster lawyers had not been changed in 25 years. The hourly rates and block fee rates had not been increased since 2015. This is the very first investment in nearly a decade. It’s the first increase since October 2023. A second increase will come into effect on April 1, 2024, and the third increase will come into effect on April 1, 2025, to be able to support those individuals who are working in the legal aid field, because obviously it’s important that all individuals be represented when they have issues before the courts.

I think that’s what is important here—to recognize that the victim is usually traumatized as it is when acts of violence occur, and it’s so important for us to be able to actually listen to victims and be able to address their emotional and physical trauma.

Introducing this legislation will actually make it easier for victims of crime, whether it’s terrorism, whether it’s human trafficking, whether it is individuals who themselves have experienced sexual violence—to give them an opportunity to seek a civil remedy through the courts and not have to go back and relitigate the trauma they faced. For us, these proposed changes really go at the heart of remaining fair and responsive, and listening to victims who’ve experienced this kind of traumatized violence.

I do think that you’re crying wolf a little too much, and let me explain to you why. Committees provide to the Attorney General advice on applicants for possible judicial appointments, and the practice for decades has been that the Attorney General makes appointment decisions at their own discretion and recommends to cabinet.

Two members in question here are two of several on this committee, including three judges.

Under previous governments, members of committees donated thousands of dollars to political parties, including the Liberal Party.

We will continue to appoint judges through public and in-depth recruitment processes. I emphasize that this process is separate from the independence of judges, once appointed to their positions. And I am very happy with the process, as a lawyer.

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