Law Times

Page 4 OctOber 20, 2014 • Law Times www.lawtimesnews.com AG falling short on fixing pressing justice issues: NDP critic By KABEER SEThI For Law Times he Ministry of the At- torney General is falling short when it comes to addressing the impor- tant issues facing Ontario's justice system, says NDP justice critic Jagmeet Singh. Singh, the MPP for Bramalea- Gore-Malton, cites the ministry's Justice on Target program as an example of one of the problems. "People are pleading guilty instead of exercising their fun- damental right to go to trial," says Singh. "There is focus on quicker resolutions and to wrap up the case." Justice on Target is a provincial effort to address long wait times and reduce delays in criminal matters. The government claims to have eliminated more than 500,000 criminal court appear- ances since the program's incep- tion. But Singh says the program is putting pressure on clients, es- pecially those with low incomes. "Charges that are less serious don't qualify for legal aid cover- age and this, coupled with [the program] pushing for quick res- olutions, is making clients plead guilty because they can't afford a trial." Among the other issues Singh has been working on as his party's attorney general crit- ic is his call for transparency by police forces. Officers, he says, need adequate training to de-es- calate violent situations. Despite criticisms from ombudsman André Marin, he says little has changed. "It's shameful and disturbing that the ministry is being criti- cized by the ombudsman," says Singh. "In his report, the om- budsman says [the ministry] is creating barriers to stop the [Spe- cial Investigations Unit] from doing their review." Singh wants the ministry to take measures to hold police more accountable. One recom- mendation involves the use of lapel cameras for on-duty police officers. While the issue raises privacy concerns, police are introducing the cameras on a trial basis and Singh says there's "ample evidence that justifies" their use. Another long-standing issue before the justice system is the need for better technology in courtrooms. Singh, a criminal lawyer elected to the legislature in 2011, says Ontario is "lagging behind" other provinces when it comes to digitizing the court system. "We still rely a lot on paper. The justice system will benefit from a robust use of available technology." Ontario recently launched a pilot project in the Small Claims Court that allows people to file cases online and access court- issued documents by e-mail. While it's a step in the right di- rection, Singh says the success of the pilot project will depend on how "intensely" the ministry pursues it. In recent months, the courts have made progress on the tech- nology issue by, for example, posting schedule information online. Singh, however, feels the ministry hasn't offered an "appropriate response" to the criticisms. "There has been no change to litigation. No change at all," he says. "The ministry has not had a satisfactory response to any of the concerns raised with respect to the justice system." LT T 'The ministry has not had a satisfactory response to any of the concerns raised with respect to the justice system,' says Jagmeet Singh. NEWS The essential portable guide for municipal councillors and their advisors New Edition Handbook for Municipal Councillors, Second Edition George Rust-D'Eye This comprehensive and easy-to-use text explains how municipal councillors can meet their responsibilities in a professional and ethical manner. 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Jones, the MPP for Dufferin- Caledon, says while some things are moving in the right direc- tion, there's a lot of room for im- provement. "It would be overly generous to call it progress," says Jones. "Our courts are woefully be- hind on capitalizing on electron- ics and online resources." The Ministry of the Attorney General recently introduced a pilot project in the Small Claims Court that allows people to file claims related to matters such as credit card debt online. Currently, the pilot project is operating in courts in Richmond Hill, Oshawa, Ottawa, and Brampton, Ont., with plans to make it available prov- incewide by 2015. "I think the pilot is a good concept and has potential to improve," says Jones. "I certainly hope it's a success as Ontarians need and de- serve it." Electronic access to court transcripts, according to Jones, would also help litigants who are representing themselves in court. "If I'm a defendant in Toronto and living in London, I should be able to access court documents online," says Jones. "Why aren't they online? What's the delay? We can't have people represent themselves without having access to information." Citing the success of online legal resources in other provinces such as Alberta and Manitoba, Jones says she'll continue to push At- torney General Madeleine Meilleur to make electronic access to the courts a bigger priority. "The justice system is changing. We need a system that can facili- tate itself," says Jones. In an effort to address long wait times in criminal matters, the gov- ernment introduced the Justice on Target program several years back. While the province has touted progress on reducing court appearances, Jones cautions that the program's effectiveness depends on the case at hand. "It very much depends on the court. If you don't have people buying into the program, then it won't be as effective," says Jones. The program "is fine as long as it's not being used to rush people through" the system, she adds. Jones, who has been vocal about the lack of transparency at the ministry, recently questioned Meilleur about its handling of alleged sexual harassment by former Crown prosecutor John Raftery. Raftery, whom police charged earlier this year in relation to sexual harassment complaints made in 2012, received double his salary from the ministry in 2013. The province has deemed the details about his salary and the ministry's internal investigation into the matter to be confidential. "The Liberal government talks a lot about transparency, but when you drill down it doesn't match to what's happening," says Jones. "I hope highlighting the issue opens it up and I would like to see more transparency claims translate to reality." LT T 'If I'm a defendant in Toronto and living in London, I should be able to access court documents online,' says Sylvia Jones.

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