Law Times

Law TiMes • May 12, 2014 Page 5 www.lawtimesnews.com Legal aid boost among justice improvements in limbo during election By arshy mann Law Times he start of an Ontario election campaign has le the Liberal budget, along with a pack- age of new justice propos- als, in limbo. In its budget, the gov- ernment proposed an expansion to the number of people who qualify for legal aid as well as a new Toronto courthouse and the creation of an on- line system to streamline child support payments. e Law Society of Upper Canada, Legal Aid Ontario, and the Criminal Lawyers' Association have all been push- ing for an expansion to the income eli- gibility threshold for legal aid. e gov- ernment last changed it in 1995 when it reduced it by 22 per cent. "e result of that is that something like half of the people under the poverty line, and that's about a million people, are no longer eligible for legal aid servic- es," LAO chairman John McCamus told Law Times' Yamri Taddese following the budget earlier this month. e new threshold would mean any single person who made up to $20,000, up from the current threshold of $10,800, could qualify for assistance. e government estimates the change would mean 75,000 additional legal aid certificates would be available each year. Anthony Moustacalis, president of the CLA, says that he was happy to see access to justice back on the provincial agenda. "I was very happy with the renewed commitment to legal aid and with the proposed budget monies going to in- crease the low-income measure," he says. But while he applauds the government's efforts, Moustacalis believes it will still have to tackle a number of other issues. He notes that in order to qualify for legal aid, people not only have to fall be- low the income threshold but must also be at risk of going to jail. "So that means people who may not go to jail but could get criminal records that damage their reputations in the fu- ture don't have lawyers." He also says the prov- ince could do more to bolster interpretation services in both urban and rural communities and tackle the high per- centage of people in jail while awaiting trial. Moustacalis says he's hopeful that whichever party wins the election, a strengthened legal aid program is here to stay. He points to the NDP's past support for legal aid programs and hopes a potential Conservative government would see that funding private sector lawyers for those below the poverty line is an eco- nomical solution. "We absorb the overhead with other cli- ents and we are very efficient at providing these services," he says. While the political parties have yet to officially release their election platforms, it's unlikely justice issues will dominate the agenda given the sluggish economy. None of the Progressive Conservative white papers released in advance of the election dealt with crime or justice. But the party's 2011 platform did include promises to publicize the names and addresses of sexual offenders, crack down on illegal to- bacco, and focus on victim services. NDP justice critic Jagmeet Singh has pushed for a strengthened Special Inves- tigations Unit and was supportive of a bid by LAO staff lawyers to secure col- lective bargaining rights. e Liberal budget also included plans for a new Toronto courthouse that would bring five Ontario Court of Justice sites to one central location. "I think care needs to be had when you're planning a very large project like that, but it is certainly welcome to practitioners in the Greater Toronto Area to have a place that's easily accessible by public transit for every- one to go to," says Moustacalis. Besides the legal aid changes and the courthouse, the budget also promised the creation of an online service that would allow parents to set up or change child support amounts without going to court by 2015. LT NEWS Connect international law policy, theory and practice. Become an International Law Research Fellow at the Centre for International Governance Innovation. Canada's premier international relations think tank invites practitioners, professionals, senior researchers and academics who focus in economic, environmental and intellectual property law to join its new International Law Research Program. Located in Waterloo, Ontario, CIGI offers deep collaboration on issues critical to the international legal landscape and global governance. www.cigionline.org/careers PURSUE YOUR PASSION. SHAPE THE GLOBAL RULE OF LAW. CIGI_LT_May12_14.indd 1 14-05-06 7:55 AM T Bar alarmed at 'extraordinary' situation between Harper, McLachlin By Glenn KauTh Law Times s Supreme Court Chief Justice Beverley McLachlin continues to shoulder criticism from Prime Minister Stephen Harper, lawyers continue to come to her defence with the Council of Canadian Law Deans last week expressing a "shared sentiment that this is an unfortunate and unprecedented attack on one of the most important institutions of Canada's constitutional democracy." "We call on the prime minister and the minister of justice to immediately and un- equivocally withdraw any statement that could be understood as impugning the in- tegrity of the chief justice and the indepen- dence of the Supreme Court of Canada," the deans said in a joint statement last week. Since earlier this month, McLachlin has faced what e Advocates' Society president Alan Mark calls a "rather extraordinary" situation in which federal officials have pub- licly suggested she inappropriately contacted the prime minister about Justice Marc Na- don's appointment to the Supreme Court. e allegations suggested McLachlin had lobbied against Nadon's appointment, an is- sue she subsequently clarified in a statement. "At no time was there any communication between Chief Justice McLachlin and the government regarding any case before the courts," the statement reads. e statement noted that in April 2013, McLachlin met with Prime Minister Ste- phen Harper to give him justice Morris Fish's retirement letter. "As is customary, they brief- ly discussed the needs of the Supreme Court of Canada," according to the statement. en on July 29, McLachlin provided the parliamentary committee dealing with the appointment of the next Supreme Court judge with her view on the court's needs. Two days later, her office called the minister of jus- tice and Harper's chief of staff to "flag a poten- tial issue regarding the eligibility of a judge of the federal courts to fill a Quebec seat on the Supreme Court," according to the statement. e same day, she spoke with Justice Minister Peter MacKay to flag the potential issue. While her office made preliminary in- quiries to have a discussion with Harper, she ultimately decided not to pursue a call or a meeting, according to the statement. "Given the potential impact on the court, I wished to ensure that the government was aware of the eligibility issue," said McLachlin. "At no time did I express any opinion as to the merits of the eligibility issue. It is custom- ary for Chief Justices to be consulted during the appointment process and there is noth- ing inappropriate in raising a potential issue affecting a future appointment." e matter of Nadon's eligibility did arise, of course, following his nomination in the fall. e top court found he was ineligible in its ruling on the matter this year. e govern- ment is now saying MacKay had told Harper not to speak to McLachlin last summer. Lawyers are now rallying to defend McLachlin. Canadian Bar Association pres- ident Fred Headon raised concerns about the matter last weekend, and e Advocates' Society released a letter it sent Harper saying "there is no substance" to the government's criticism that McLachlin lobbied against Nadon's appointment and that she improp- erly interfered in a matter before the court. "She most assuredly did not comment on or interfere in a matter that was then pend- ing before the court," the statement reads. "e proposed appointment of Justice Na- don was not announced until September 30, 2013, and issues concerning his appoint- ment were not referred to the court until October 22, 2013, some three months later." Eugene Meehan, a lawyer with Supreme Advocacy LLP in Ottawa, describes the is- sue as a battle of "duelling press releases" that has gained increased prominence as a result of the top court's increased public profile given "the social media, TV age that we live in" and the nomination-style par- liamentary hearings introduced in recent years. "What happened here is normal con- sultation which has traditionally happened over years and decades," says Meehan, him- self a former executive legal officer to for- mer chief justice Antonio Lamer. "ere isn't really much here. is is not really a hill of beans," he adds, noting there's not much difference in the events described in the duelling press releases from the government and McLachlin. Meehan notes the government tradi- tionally consults with a range of players when it reaches the point of having a short list of candidates for the top court. ey'll typically include people like the CBA president and the chief justice. It's a dia- logue that is "normal, that is traditional, that until now was not considered prob- lematic," says Meehan. LT A Anthony Moustacalis hopes the pro- posed legal aid improvements will take hold regardless of who wins the election.

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