Law Times

PAGE 6 u EDITORIAL OBITER By Glenn Kauth Stop playing games on anti-bullying bill I legislature is handling its investigation into the ORNGE air ambu- lance scandal. The Conservatives, the Star reported, have been using delay tactics that have stalled the accepting schools act due to their concerns about the committee looking into ORNGE. The anti-bullying bill is certainly not the one to be holding up. When it comes to protecting kids at school, there's no justification for at Queen's Park as the parties fight over differences in how the thing like an anti-bullying bill. But according to the Toronto Star, that' political games preventing action. To be sure, there are substantive differences over the bill. While the government has emphasized provisions calling for escalating discipline up to and including expulsion of bullies, the language in the bill is rather soft. Instead of mandating specific measures, it pro- vides that the education minister may establish policies and guide- lines on matters such as what the discipline should be. Conservative MPP Elizabeth Witmer, meanwhile, has introduced her own private member' mandatory reporting of bullying to the parents of both the victim and the perpetrator. Critics have also taken issue with provisions in the government bill that require schools to support students wanting to lead or set up gay-positive activities and organizations. The latest machinations come as bullying has been making the news a lot lately. In New Jersey, for example, a school district has agreed to pay $4.2 million to settle a lawsuit launched by a middle school student paralyzed following a bully's punch. s bill on the issue calling for stringent measures such as In fact, that case comes from a state that has taken particularly aggressive action on bullying. New legislation there mandates training of staff and students; school safety teams; and investigations of every allegation of bullying within a day. That law clearly goes beyond what Ontario that result must also provide for due process for the alleged perpetrator. Clearly, then, bullying isn't an easy issue, which isn't all that surprising given that it involves kids at delicate stages of their lives. But in Ontario, it' is doing with the government bill that largely outlines what may happen in cases of bullying. A concern with taking the New Jersey route, of course, is the cost. At the same time, while that state' s approach clearly mandates taking bullying cases seriously, the investigations and responses to move on from a culture and an approach that for a long time have left bullying victims to fend for themselves. The parties at Queen' s time should get their acts together in order to combine the best features of the government' bills and get the legislation passed in time for the coming school year. and called in sick. It doesn't take a seer to know this week M When will legislature get back to work? y crystal ball has never worked properly, but I did manage a few insights this week before it shut down marks a turning point for the minor- ity government of Premier Dalton Mc- Guinty. It'll either go down in fl ames as the legislature rejects the budget or it'll forge a closer alliance with Andrea Hor- wath and the NDP. Th e crystal ball suggests the latter. While it's never been 100-per-cent reli- able, logic and politics would seem to support the survival instinct winning out in the end. What' how Tim Hudak and the Conservatives have positioned themselves on the bud- get and, by extension, readied themselves for launch should the NDP and Liberals fail to reach an agreement. Th e world of politics loves a wedge is- s more interesting, though, is sue and with the lessons of the last elec- tion under his belt, Hudak knows he failed to do better because he didn't open Law Times LT Masthead.indd 1 up a gap between himself and McGuinty' waiting. He staked out his ground by refusing to sup- port the budget from the start. Th is has taken him and his party out of the picture and forced the focus on the ongoing negotiations be- tween the NDP and Liberals. Th e net eff ect is to push Th is time, Hudak isn't s Liberals. Queen's Park unfreeze welfare rates. Experience elsewhere sug- the NDP and Liberals closer together and open a gap for Hudak. Th e Grits need just two votes from the NDP in order to push their budget through. Th e price looks like it' s going to be acceptance of at least some of Horwath's demands, the biggest Ian Harvey gests the levy would gener- ate a massive payday for tax lawyers and accountants who would provide timely advice on how to avoid and defer those taxes with the net result that governments that choose this route rarely collect what they think they're going to get. All of that could play to and opens the question as to who rules at Queen' of which is a surtax on those making $500,000 a year. The tax would raise somewhere be- tween $400 million and $570 million, depending on whose math you believe. Horwath initially wanted that money used to offset the HST on home-heating costs, fund more childcare spaces, and While all three parties offi cially say they don't want an election, there's an up- s Park. side to risking a roll of the dice. Some Lib- erals think highly enough of themselves, their budget, and their tough talk on teachers' unions and doctors' payments to believe they can convince Ontarians to give them a Mulligan majority while a small faction within the NDP dreams its success at the federal level could push 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 Group Publisher ................... Karen Lorimer Editorial Director ................... Gail J. Cohen Editor .............................. Glenn Kauth Staff Writer ....................... Kendyl Sebesta Staff Writer ................... Michael McKiernan Copy Editor ..................... Katia Caporiccio CaseLaw Editor .................. Adela Rodriguez Art Director .......................Alicia Adamson Account Co-ordinator ............... Catherine Giles Electronic Production Specialist ........Derek Welford Advertising Sales ............... Kimberlee Pascoe Sales Co-ordinator ................... Sandy Shutt ©2012 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without writ- ten permission. The opinions expressed in articles are not necessarily those of the pub- lisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any war- ranty as to the accuracy, completeness or cur- rency of the contents of this publication and disclaims all liability in respect of the results of Law Times is printed on newsprint containing 25-30 per cent post- consumer recycled materials. Please recycle this newspaper. 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., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 • 416-298-5141 clb.lteditor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $175.00 + HST per year in Canada (HST Reg. #R121351134) and $265.00 for foreign addresses. Single copies are $4.00 Circulation www.lawtimesnews.com 2/7/12 3:32 PM Hudak. Th e scenario forces McGuinty to break another promise to not raise taxes it into second spot at the expense of the Liberals and Conservatives. Th e Conservatives, meanwhile, con- tinue to position themselves as tough on upcoming union negotiations and a party prepared to cut spending even more than the Liberals. Th ey also want to fi nger the NDP and Liberals for pulling the trigger on an election no one wanted. Still, the reality is an election isn't go- ing to happen and we'll be back to a leg- islative scenario that' more like a coalition government. While this is highly entertaining as a s looking more and spectator sport, the downside for all of us is that the real work of the legislature and the government has all but come to a stop since last June when the election campaign kicked into higher gear. When my crystal ball clocks back in again, I'll be anxious to fi nd out when we can start to accomplish something. LT Ian Harvey has been a journalist for 34 years writing about a diverse range of issues including legal and political aff airs. His e-mail address is ianharvey@rogers.com. inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corpo- rate 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: Karen Lorimer ....................................416-649-9411 karen.lorimer@thomsonreuters.com Kimberlee Pascoe ..............................416-649-8875 kimberlee.pascoe@thomsonreuters.com Sandy Shutt ...... sandra.shutt@thomsonreuters.com s Park, then, s and Witmer's — Glenn Kauth t's hard to imagine that politicians would play politics with some- s what's been happening COMMENT April 23, 2012 • lAw Times

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