Law Times

Page 6 November 18, 2013 • Law Times COMMENT u Editorial obitEr By Glenn Kauth Obesity and the law O besity might not have a particularly obvious relationship with the law, but University of Windsor law professor Bill Bogart is making a compelling case that regulation has a role to play in addressing the issue in a more humane manner. "Of obese people who can lose weight, something like 95 per cent regain that weight or more in a five-year period," said Bogart at the launch of his book, Regulating Obesity? Government, Society, and Questions of Health, at Borden Ladner Gervais LLP in Toronto last Tuesday. In explaining what he said was a better approach to dealing with obesity at the launch, Bogart suggested the current ways of handling it, such as the "relentless peddling of diets and equipment to people in the name of weight loss," clearly aren't working. Among his criticisms is the need to consider other explanations for obesity besides simply looking at calorie intake versus calorie burn. Instead, he referred to research that suggests certain endocrinedisrupting chemicals present in some foods may be causing weight gain. So rather than punishing and castigating overweight people, it's time to shift the focus to proven approaches that promote health given research showing that the link between obesity and mortality isn't as strong as many people believe. "It has long been thought that any excess weight places a person at risk for dying prematurely," Bogart wrote in an article in the M Huffington Post this month. "Yet research now indicates that moderately overweight individuals have the lowest mortality rates; thin people have higher ones. When people are very obese, there is an elevated risk of mortality; the exact extent of it remains in dispute." So where does the law come in? Diverting subsidies away from crops that lead to the production of unhealthy products is one option, he said, noting that taxing certain junk food, where the evidence suggests that doing so would be effective, may also be helpful. In addition, he's calling on governments to end the stigma society places on obesity through changes to human rights legislation to protect people from discrimination and prejudice. "This approach, for all of its vagaries, is way better than obsessing about calories . . . and denying a simple truth: We come in a variety of shapes and sizes," he said at the book launch last week. It's hard to think of a better way to put it. — Glenn Kauth New trades regulator a bad idea embers of the profession may find it amusing, but many of the 600,000 trades workers in Ontario aren't laughing at what they see as a stealthy tax. Lawyers, of course, are part of a selfregulated profession with lots of experience paying fees to maintain their standing and right to practise. Interestingly, human resources professionals are about to join them with the passage of Bill 32 last month, the Registered Human Resources Professionals Act. For the trades, it's all new and they're not happy about the prospect of paying $120 a year to the Ontario College of Trades. It in turn is a child of the Ontario College of Trades and Apprenticeship Act. The college has 16 objectives, including regulating, governing, and establishing qualification standards; issuing certificates; maintaining a public register; determining apprentice ratios; and compliance. The levies replace the previous registration fee of $60 every three years and the establishment of the college also sets the stage for enforcement. It has hired 40 inspectors of the 120 planned in total to enforce the act by, for example, shutting down unlicensed trades and perhaps ferreting out the underground economy where workers do Law Times Karen Renkema of the Provarious jobs for cash. gressive Contractors AssoIt all blew up a couple Queen's ciation of Canada says, optics of weeks ago when barbers Park aside, the biggest issue is the complained they'd have to lack of a value proposition. learn how to cut, style, and "They're increasing fees 600 dye women's hair since the per cent, but what are we getsystem was lumping them in ting for it?" she asks. "That's the with hairstylists. The college crux of it." says it's all a misunderstandShe says the inspections and ing and notes the Ministry of enforcement by the college are Training, Colleges, and Unia duplication of work now done versities is reviewing how to Ian Harvey by bodies such as the Technical categorize barbers. Standards and Safety Authority This is all happening now because the college is up and running and and the Ministry of Labour. To many, she says, it's just a tax on trades demanding money before it flexes its regulatory muscles among the 22 compulsory and a nice reward for the powerful construction union lobby that wants to tighten and 134 voluntary trades. The compulsory trades include electri- its grip on all of the trades. The consumer will end up paying, cians, auto mechanics, and heavy equipment operators. Volunteer registrants she suggests. "It will drive trades further include chefs, assistant cooks, grooms, into the underground economy. If have harness makers, native artists, and special $15,000 for a kitchen renovation, are you going to hire a guy who can do most of the events co-ordinators. Critics argue the college is no more than work himself and charge no tax or are you a bone tossed at organized labour given going to hire eight different trades and that Patrick Dillon was among the first ap- break your budget? This is $84 million for pointees to the appointments council. He's another Bay Street bureaucracy." It's a good point, but here's the twist: If the business manager and secretary treait was all about the unions, why appoint surer of the Provincial Building and Conformer Conservative cabinet minister struction Trades Council of Ontario. Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com • clb.lteditor@thomsonreuters.com • @lawtimes Director/Group Publisher . . . . . . . . . . . . Karen Lorimer Editor in Chief. . . . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glenn Kauth Staff Writer . . . . . . . . . . . . . . . . . . . . . . . .Yamri Taddese Staff Writer . . . . . . . . . . . . . . . . . . . . . . Charlotte Santry Copy Editor . . . . . . . . . . . . . . . . . . . . . . Mallory Hendry CaseLaw Editor . . . . . . . . . . . . . . . . . Adela Rodriguez Art Director . . . . . . . . . . . . . . . . . . . . . . Alicia Adamson Production Co-ordinator . . . . . . . . . . . . . Catherine Giles Electronic Production Specialist . . . . . . . Derek Welford Advertising Sales . . . . . . . . . . . . . . . Kimberlee Pascoe Advertising Sales . . . . . . . . . . . . . . . . Steffanie Munroe Advertising Sales . . . . . . . . . . . . . . . . . . . . . . . Grace So Advertising Sales . . . . . . . . . . . . . . . . . . . . Joseph Galea ©2013 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., clb.lteditor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $179.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $145 + HST per year for online only. Single copies are $4.50. Circulation inquiries, postal returns and address changes should include a copy of the mailing www.lawtimesnews.com David Tsubouchi as registrar and CEO? He's hardly a loony leftie. Tsubouchi himself shrugs at the question. "I have a lot of experience in this area. I was the minister who set up the Real Estate Council of Ontario and our government set up the teacher's college." The premise, he insists, isn't political. It's about making the trades more accountable to the public, establishing a registry to check certificates and qualifications before hiring someone, and rooting out the bad trades workers and criminal elements. It's also about promoting the trades, encouraging apprenticeship as a career path, and working with stakeholders to determine the right apprentice ratios. "Only the 22 compulsory trades have to register; the rest are optional," says Tsubouchi. "We hope they do register and see it as a badge of pride." Tsubouchi does a good job with the spin but he can't hide the reality that this was a bad idea, a make-work project, and a duplication of existing government services from the get-go. LT Ian Harvey has been a journalist for 35 years writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Ellen Alstein at ............ 416-649-9926 or fax: 416-649-7870 ellen.alstein@thomsonreuters.com ADVERTISING Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Kimberlee Pascoe ...............................416-649-8875 kimberlee.pascoe@thomsonreuters.com Grace So .............................................416-609-5838 grace.so@thomsonreuters.com Joseph Galea .......................................416-649-9919 joseph.galea@thomsonreuters.com Steffanie Munroe ................................416-298-5077 steffanie.munroe@thomsonreuters.com

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