Law Times

Page 10 May 9, 2016 • Law TiMes www.lawtimesnews.com New act limited to setting up committee The long road to concussion law BY JUDY VAN RHIJN For Law Times A t a time when every jurisdiction in the United States has con- cussion-related legis- lation, this urgently needed law is still a long way off in Ontario. Even though there is a bill before the legislature, its limited scope means that functioning concussion laws are still years away. "Until we start to normalize the idea that concussions need to be identified and treated ap- propriately — not with the 'just push through it' mentality that we've had — we will continue to put our young athletes at risk," says Laurie Tucker of Burn Tucker Lachaîne LLP of Ottawa. "Guidelines for coaches, par- ents, and young athletes on what to look for and how to respond are long overdue." It was only a few years ago that professional sports people were raising concussion aware- ness in the community after several well-known players were benched for long periods of time. This time around, it was the death of a teenager that has brought the issue back to the public's attention. Rowan Stringer, a 17-year-old rugby player from Ottawa, died May 12, 2013, after suffering her third concussion in a week. The inquest held by Dr. Lou- ise McNaughton-Filion, the coroner for Ontario, released 49 recommendations directed to various ministries, health and medical organizations, educa- tion boards, first aid providers, and sporting organizations. It endorsed the adoption of the International Concussions Con- sensus Guidelines (Zurich) on the Management of Concussion in Sports as the standard of prac- tice for concussion management in Ontario. Those recommendations have lead to the second attempt to pass provincial concussion legislation. The first attempt was Bill 39, the Education Amend- ment Act (Concussions), 2012, which empowered the educa- tion minister to make policy, guidelines, and regulations with which education boards would be required to comply. It also gave immunity to board employees or volunteers if they acted reasonably, in good faith, and in accordance with the law and guidelines. Unfortu- nately, it died on the Order Paper and was not resurrected subse- quently. "There was no appetite to put another government bill," reports Julia Mackenzie, spokeswoman for MPP Lisa MacLeod, who has presented Bill 149, Rowan's Law Advisory Committee Act, 2015. "Because we are doing it through a private member's bill, we were really limited in how we could put it forward." Mackenzie explains why they were unable to simply replicate the inquest's recommendations. "Some of them call for fund- ing a public education campaign and changes in the school cur- riculum. Some affect different levels of government and organiza- tions like Parachute Canada that aren't even part of the govern- ment. A private member's bill can't be used to legislate funding or any other level of government or non-government entities. We decided it was easiest just to pre- pare a committee bill," she says. Another reason for holding off on a more prescriptive bill is that concussion awareness is changing so rapidly, according to Mackenzie. "Even since the recommen- dations, it has changed. There are so many people working on concussion awareness now, our knowledge is growing every day. Lisa thought that even the 49 recommendations don't go far enough. There might be more we can do than that." And so Rowan's Law is framed as "An Act to establish an advi- sory committee to make recom- mendations on the jury recom- mendations made in the inquest into the death of Rowan Stringer." Laura Hillyer of Martin & Hillyer Associates of Toronto is unimpressed with the govern- ment's lack of political will and frustrated by the ambit of the new Bill. "It seems overly bureaucratic. We are not inventing the wheel here. The jury looked at the is- sue through the entire length of the inquest in a very detailed way. If the government really wanted to get on it, why don't they get on it? We need to move quickly," she says. Bill 149 passed second read- ing on Dec 10, 2015. MacKenzie reports that the Stringer family has been told by Premier Kathleen Wynne that the government is aiming to pass it this session. It is expected to be placed on the agenda of the Standing Committee on Leg- islative Affairs in the next few weeks. "I think there will be hear- ings, but I hope they won't go on too long," says Mackenzie. "The fact that there's a chance it will die before the Liberals prorogue is so problematic," says Hillyer. "It needs to be a priority." If it is passed, the time pre- scriptions in the Act allow three months to form a committee and a year for the release of a report. The one benefit of the legisla- tion, whether it is passed or not, is the attention it has drawn to the issue. "A big part of what we've done through Rowan's Law is awareness," says Mackenzie. "We are seeing a growing aware- ness that concussion is serious to young people." LT FOCUS What do your clients need? The means to move on. Guaranteed. ™ Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. » Pre- and post- settlement consultation and support » Caring professionalism for over 30 years » No fee to you or your clients Need more information? Contact us at 1 800 387 1686 or baxterstructures.com Kyla A. Baxter, CSSC PRESIDENT, BAXTER STRUCTURES Baxter_LT_Oct7_13.indd 1 13-10-01 4:03 PM Laura Hillyer says passing provincial con- cussion legislation needs to be a priority.

• Cover