Law Times

LAW TIMES 6 COVERING ONTARIO'S LEGAL SCENE | APRIL 8, 2019 www.lawtimesnews.com COMMENT I was at an event this week (of course, on the upcoming bencher election that Law Times has been covering thor- oughly) and candidate Billeh Hamud commented that the profession runs about 30 years behind the rest of society. I'm not sure if 30 years is a precise figure, but the comment sure made me ponder. This issue of Law Times digs into some areas of the law that are downright fascinating and that hint at this lag. Take Michael McKiernan's story on cameras in the court- room. Lawyer Sean Robichaud told McKiernan that the 2016 web- cast verdict in the Alberta case R. v. Vader could have had an impact on discouraging cam- eras in the courtroom. "It's really unfortunate if that affected judges, because I don't think that broadcasting the ver- dict alone does anything to en- hance confidence in the justice system," Robichaud says. "I feel there is a strong but false narrative going on out in the gen- eral public that the courts are fail- ing them. But if they were able to see what is actually happening in them, instead of just the verdicts and the incendiary comments that follow, I think people would be very encouraged." Lawyer Joseph Arvay was a fan of their use in a recent Fed- eral Court webcast. "You have considerable pub- lic interest issues that could af- fect people across Canada, but very few could actually attend in person," says Arvay, who was counsel to the claimant taxpayer involved in the matter. Change is part of life, and younger generations of lawyers will bring new expectations to a profession that can sometimes be decried as fusty. Technological changes that benefit the public interest should be considered, even if it causes trepidation or nervousness. LT BY IAN HARVEY O n April 11, Ontario Premier Doug Ford tables his government's first budget and the betting is it will be more disruptive than anything he's done since taking office in July. Already those changes in health, edu- cation, transportation, social services and other ministries have been met with a roar of controversy and pushback and if, as expected, the budget is to bookend those upheavals, it's going to be a bumpy ride through the next few months. To meet their pledge of seriously cut- ting the deficit, this government needs to find money fast and that means some major restructuring and the Budget Act is traditionally where this happens. However, the government also needs to show progress with the electorate by not just cutting spending but finding in- novative ways to fund big-ticket items. That in turn leads us to the GTA's big- gest issue, traffic congestion and lack of fast, affordable and rapid transit. It's a huge file, not just because of the dollars attached but because it impacts every voters' daily existence, regardless of whether they drive or take transit. Foreshadowing this, the province initiated talks with the City of Toronto about uploading TTC con- struction. Since it pays for most new TTC construction, the prov- ince argues, it's time it took direct control. "The TTC isn't good at building things," Ford repeat- ed in a live radio interview last week. "But they do a good job of running subways, buses and streetcars." Naturally, there's a faction at Toronto council that wants to fight the province in court. Its case is doomed to fail because the city is constitutionally a child of the province and the City of Toronto Act, which creates the TTC as an agency of the city. It might want to refer back to its fight over reducing council to 25 seats for his- torical reference. Ford is also right. History is littered with TTC projects that took too long to get started, were stalled by political infighting and ulti- mately cancelled by the province when times got tough, as they so often do. The pending changes, however, run much deeper than the prov- ince's ability to borrow at better rates and amortize over longer periods to pay for transit. It also comes down to con- trol of who builds, where they build, how and what they build and that goes far beyond mere tracks and bus stops. What might a TTC future under provincial control look like? For example, the province could move to amend leg- islation to fast track subway construction, sweeping aside local op- position similar to how the previous gov- ernment used the Green Energy Act to remove planning rights from municipal- ities fighting the location of large-scale windmills. Second, the province could open construction to P3 partnerships, selling development and air rights at and above stations to bring in investors, enact- ing legislation to bestow that right upon themselves. Third, to further incent investors, it could strip away red tape and scrap most of the slow bureaucratic approvals pro- cess to dodge around delays that drive up costs. Discussions around this are well advanced. Developers have been furiously lob- bying to shorten the approvals process, arguing that it takes a decade between application and construction because of that red tape. The province could even shift and re- align transit routes to serve lands under development — if the developers want to play ball by paying the freight. They could even override local plan- ning by allowing greater densities if it benefits transit construction. Fourth, having already made chang- es to what constitutes a trade union within a municipality or its agency un- der the omnibus Bill 66, the PCs could further amend the Ontario Labour Relations Act and open bidding on all TTC/Metrolinx contracts to non-union labour, which might also drive down costs. Stand by for this controversial govern- ment to kick it up another notch because literally anything could happen. LT Ian Harvey has been a journalist for more than 42 years, writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. First budget will gather attention A different shift Editorial Obiter Gabrielle Giroday Gabrielle.Giroday@thomsonreuters.com ©2019 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 | ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $205.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circu- lation inquiries, postal returns and address chang- es should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact: Keith Fulford - (416) 649-9585 | Fax: (416) 649-7870 keith.fulford@thomsonreuters.com SALES AND BUSINESS DEVELOPMENT Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Sales Manager: Paul Burton - (416) 649-9928 paul.burton@tr.com Consultant, Strategy and Business Development: Ivan Ivanovitch - (416) 887-4300 ivan.ivanovitch@tr.com Business Development Consultant: Kimberlee Pascoe - (416) 996-1739 kimberlee.pascoe@tr.com Account Executive: Steffanie Munroe - (416) 315-5879 steffanie.munroe@tr.com Law Times Director/Group Publisher . . . . . . . . . . . . . Karen Lorimer Editor-in-chief . . . . . . . . . . . . . . . . . . . . . . . . . Tim Wilbur tim.wilbur@thomsonreuters.com Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . .Gabrielle Giroday Gabrielle.Giroday@thomsonreuters.com Staff Writer . . . . . . . . . . . . . . . . . . . . . Anita Balakrishnan Anita.Balakrishnan@thomsonreuters.com Copy Editor . . . . . . . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . . . . Laura Crawford Art Director . . . . . . . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . . . . . Jacqueline D'Souza Electronic Production Specialist . . . . . . . Derek Welford Thomson Reuters Canada Ltd., One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON M1T 3V4 | Tel: 416- 298-5141 | Fax: 416-649-7870 | lawtimesnews.com LT.editor@thomsonreuters.com | @lawtimes Queen's Park Ian Harvey

• Cover