Law Times

PAGE 2 NEWS September 15, 2008 • Law times David Asper Centre opens at U of T BY JEFFREY H. WAUGH Law Times Faculty of Law, with members of the legal pro- fession filling the Bennett Lecture Hall. And, as part of the special event, the centre hosted a colloquium exploring Charter litigation strategies. Panellists included those who have had a role in shaping and challenging the Charter. The two panels examined where we have T he David Asper Centre for Constitu- tional Rights celebrated its opening last week at the University of Toronto come from and where we are headed in terms of constitutional law issues in Canada. The centre will provide a forum to continue this ex- ploration and contribute to the jurisprudence through education, research, and advocacy. An overarching theme was access to jus- tice. Several panellists commented on the high price of Charter litigation. Limited resources of most Charter litigants and the relatively rare possibility of monetary recovery compound the problem, they noted. Raj Anand, partner with WeirFoulds LLP and former chief commissioner of the Ontario Hu- man Rights Commission, said the danger of cost awards is a very real fear to most litigants. He added that there is a need for "innovative schemes to provide proper funding" for Charter litigation, one of many Photo: Jeffrey H. Waugh David Asper and Cheryl Milne celebrate the opening of the new constitutional rights centre at the University of Toronto. topics the centre will be able to explore. In the criminal context, University of Toronto law professor Michael Code raised the problem of major delays being experienced due to procedural fairness rules, while Marlys Edwardh, of Ruby & Edwardh, said procedural changes have been a good thing in making lion donation by David Asper, executive vice presi- dent of CanWest Global Communications Corp. Cheryl Milne, formerly a lawyer with Justice for Children and Youth, leads the new centre as its execu- tive director. LT Family law legislative changes pondered Continued from page 1 "The time for a full review of family justice in Ontario has ar- rived, and the judges of the Ontario Court of Justice are ready to assist and participate in such a review." Attorney General Chris Bent- ley told reporters after the cer- emony that his office is consider- ing whether legislative changes to family law are required. "We're also looking at ways to streamline and simplify the pro- cess," said Bentley. "the fact that we don't have a more completely unified Family Court presents some challenges. The fact that it has been under- resourced in terms of federal ju- dicial resources has posed a chal- lenge," said Bentley. "The fact of the matter is, litigants in family proceedings need to have upfront supports, and a simple, streamlined proce- dure so we can get to the deci- sion point faster." 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Superior Court Chief Justice Heather Smith noted that federal legislation has created 20 new supe- rior court judgeships across Canada Reduce your research time with these useful features: concise Table of Contents with detailed Table for each Act a thorough subject index legislative history for each Act Fraudulent Preferences Absconding Debtors Act Assignments and Preferences Act Fraudulent Conveyances Act tabs to help you locate exactly what you need traordinarily grateful for all of the supportive efforts, to date, by the bar, the Ontario Ministry of the Attorney General, and, par- ticularly, by the federal minister of justice, in addressing this chal- lenge to our stretched judicial complement," said Smith. She also plans to target family law as an area for improvement, and said on top of her list is "to improve family support services to recommend standards for all fami- ly proceedings in whatever court." The Superior Court's family case manager pilot project in Ottawa has aided the manage- ment of such cases, she said, while the court also has started putting together a best-practices guide for case conferencing. Bonkalo, meanwhile, also singled out guns and gangs pros- ecutions in Toronto as a strain on the Ontario Court of Justice's workload, saying the court oth- erwise has "continued to address backlog with some success." Bonkalo tells Law Times that the court is weighed down from September to December, as it al- lots two judges and two court- rooms to guns and gangs cases. "It's something we have to deal with, but it also means it takes up a huge amount of time and court space," says Bonkalo. Smith, speaking on her court's efficiency, issued a warn- ing at the ceremony regarding a recommendation in Coulter Osborne's civil justice report recommending small claims court's monetary jurisdiction be raised to $25,000 from $10,000 because the court runs so well. "I simply want to express a note of caution," said Smith. "We could lose that effectiveness and efficiency if the monetary jurisdiction of the small claims court is extended, without the necessary and concurrent ad- ditional administrative and ju- dicial resources to support the increased caseload." the Opening of the Courts as a venue to highlight the areas they believe their courts succeeded in 2007 and the start of 2008. Winkler applauded the "cam- eras in the courtroom" pilot proj- ect, which saw live Ontario Court of Appeal proceedings broadcast on the court's web site. Over 18,000 hits were recorded for that feature, he said, adding, "Public feedback was very positive." A new digital recording sys- The chief justices also used tem test-run led to its permanent use in courts; legal assistance programs "remained strong"; a judicial information technology organization has been created; and the appeal court's workload "remained steady," with most judgments delivered within a six- month target, said Winkler. Smith praised her memorandum of understand- ing with the attorney general's office, which in part helps back judicial independence; a focus on improved accessibility; and the implementation of manda- tory pretrial conferences. Bonkalo singled out her court's court's "family law vision state- ment," which will guide the court's policy decisions, and an upcoming biennial report among its recent accomplishments. This year's Opening of the blatt Mitchell LLP and well-known for her work with equality litigation, said the recent focus of formal over substantive equality has left the jurisprudence in a "depressing state." The recent decision of R. v Kapp was spoken of optimistically for the future. Rabinder Singh, who practises with Matrix Chambers in the U.K., and who has appeared before the House of Lords and the European Court of Human Rights, provided an interna- tional perspective. He said although not always followed, Canadian law is frequently cited and respected in international circles. He encouraged those in attendance that the work being done on constitutional law issues in this country is im- portant around the world. The event showcased the wide breadth of topics the centre will have a role in contributing to. Its creation was made possible by a $7.5-mil- police more accountable, but that we have failed with who we are bringing into the criminal sys- tem. She said it's too often based on factors like poverty and race, or what she termed the "social determinants of crime." Cynthia Petersen, partner with Sack Gold- Courts ceremony included a few changes, compliments of the new chief justice. The ceremony was moved from January to Sep- tember, a press conference with the chief justices was nixed, the Ontario Justice Education Net- work's Chief Justices' Award was awarded during the day's events, and a reception was held at the Law Society of Upper Canada after the ceremony. LT

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