Law Times

Law Times • June 11, 2012 NEWS PAGE 3 Bill to raise bar for JPs gaining traction among lawyers L BY MARG. BRUINEMAN For Law Times ess the peace, an MPP is calling for changes aimed at raising the bar. David Orazietti, MPP for Sault Ste. Marie, Ont., is sug- gesting a two-tiered system that would create administrative and presiding justices of the peace. His private member' duced on May 31 would require those serving as presiding justices of the peace to have at least five years' experience as a lawyer. A presiding justice of the s bill intro- peace would oversee legal mat- ters involving individual doms and liberties, as well as issues of a complex legal nature. An administrative justice of the peace's role would have lim- free- the provincial govern- ment updated the way it appoints justices of than a year after level of education will result in better decisions. Many lawyers believe the He reasons that a higher proposal is overdue. "Requiring law degrees and yer Matthew Friedberg. "This proposed legislation " says criminal defence law- legal experience from JPs who make legally substantive deci- sions is a good thing for every- one, will foster transparency in the appointment process, tency in the decision-making process, and more accountabil- ity from the bench. This bill is something that should be strongly supported by everyone who cares about justice and fairness." Lawyer Patrice Band also believes the proposal is a step in the right direction. "Justices of the peace are ited responsibilities involving Provincial Offences Act issues, interim release orders, issuing subpoenas and summonses, tak- ing affidavits, and performing civil marriages. They wouldn't hear applications under the Charter of Rights and Freedoms, send people to jail or order property seizures. Under lay members of the community can work as justices of the peace at an annual salary of $120,652. Candidates must have worked for at least 10 years and have a degree, diploma or equivalent qualifications. There are 345 full- time justices of the peace working in Ontario, about 10 per cent of whom have a law degree. "The justice of the peace func- the current tions in the province of Ontario . . . are substantially more com- plex than 30 or 40 years ago, Orazietti. "I'm optimistic that when all MPPs have the oppor- tunity to digest it . . . the merit of moving forward with this would be evident. I feel it' " says raise the qualifications." He' s important to similar models already in place in Alberta, Nova Scotia, British Columbia, and Quebec. Attorney General John Gerret- d like to see Ontario follow system, vested with extraordinary pow- ers over the property, children, and liberties of the people of Ontario, " says Band. compe- more and more to perform these functions, which can have dra- matic impacts on the lives of Ontarians and their families." Band points to bail court as "They are being called upon an example where justices of the peace have significant authority. Denial of bail is a huge deter- mining factor when it comes to deciding on plea, he adds. His view, however, isn't uni- versal. James Morton, a lawyer and spokesman for the Association of Justices of the Peace, main- tains law degrees are unneces- sary for the job. "Really, the only thing that I don't think it attracts the best and the brightest," he says, pointing to the application that suggests can- didates check their spelling and grammar prior to sending it in. What Orazietti' many that those appointed as jus- tices of the peace are friends of the government in power. This is an area where Greene sees another opportunity for improvement. "They should be completely address is the issue of patron- age. There' s an acceptance among should be done is to give them a little more support," he says. Despite the objections, Orazietti is confident that, if his bill becomes law, it'll with- stand challenges. The Supreme Court of Canada decided in Alberta' ince enacted similar legislation s favour after that prov- 'This bill is something that should be strongly supported by everyone who cares about justice and fairness,' says Matthew Friedberg. requiring justices of the peace to have law degrees. Ian Greene, a York University professor in the school of pub- lic policy and administration, also supports Orazietti' increase the qualifications. s bill to merit-based appointments," he says. "I don't think there' room for patronage in appoint- ing JPs." But Greenspan draws on his s any experience as part of the judicial appointment committee, cre- ated 15 years ago, that empha- sized the importance of a merit- based system over patronage. As a result of that change, he notes, the quality of appointments to the bench improved. LT "It's antiquated in the sense that s bill doesn't POWERFUL GUIDANCE ON ALL ASPECTS OF COMMERCIAL LEASING SHOPPING CENTRE LEASES, SECOND EDITION EDITOR-IN-CHIEF: HARVEY M. HABER, Q.C., LSM Shopping Centre Leases has been considered the definitive resource on the subject since 1976. The expanded second edition brings you powerful guidance today. PRACTICAL SOLUTIONS TO COMPLEX ISSUES Take advantage of the expertise of Harvey Haber and 50 other top commercial leasing practitioners in Canada. This compendium of articles and precedents covers all aspects of commercial leasing including: Technology and telecommunications concerns Pandemic preparedness for building owners and managers Insurance for shopping centres Leasing aspects of the franchise relationship Transfers of lease, assigning, subletting, and change of control sen has announced he won't take a position on the proposal until he reviews it with the courts and affected stakeholders. But Orazietti' traction in the legal community. Toronto lawyer Brian s suggestion is gaining Greenspan supports the legis- lation. He argues that when it comes to deciding on an indi- vidual' legal training and experience should handle the matter. "If we can create greater con- s freedom, someone with sistency . . . by having qualified people serving as our decision- makers, that will improve the quality of the justice system," says Greenspan. "We have a whole host of situ- ations where people's liberty is at stake. We certainly have a large enough body of lawyers to make that choice. 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