Law Times - sample

Page 6 May 29, 2017 • Law TiMes www.lawtimesnews.com COMMENT u EDITORIAL OBITER By Gabrielle Giroday Crisis looming Let it be noted that I do not think technological upgrades are a pana- cea to all the challenges facing the legal profession. However, when I repeatedly hear about the surge of self-represented litigants and the many challenges facing people involved in family law disputes, I am concerned about the disconnect between the formal legal profession and the wider society the law is meant to serve. This is to say nothing of ensuring the rights of the accused are met. From the issues outlined by criminal defence lawyers about techno- logical gaps they grapple with, there is much to be concerned about. As is outlined in Law Times, these issues mean Ontario defence lawyers are routinely dealing with fax machines, incompatible police software, mountains of paper and in-person discussions for many matters. Meanwhile, lawyers say methods such as e-filing, Internet access and methods of accessing information, like through the cloud, are not common. But wait. It appears there may be another way. "If you want to get legal work done, Alberta is much better," says Alan Pearse, a Toronto-based lawyer who specializes in defending impaired driving cases in multiple provinces, including Ontario. For example, Pearse says, there is a significant difference between Ontario and Alberta, where the provincial government has imple- mented a practice where disclosure in criminal cases can be accessed by defence counsel from a secure online service. Many corners of the legal profession have lamented the techno- logical gaps in the Ontario system. However, when these gaps are ar- Ring of Fire issues still smouldering BY IAN HARVEY C ottage season is here and the highways heading to the lakes and rivers are jammed. People say they are heading "up north." However, the reality is Southern Ontario dwellers are going to the near north, not the real north. The true north, which starts above Lake Huron, makes up about 90 per cent of Ontario's land mass and holds less than a million people. It's a far different place. Once, it was the hub of the mining and forestry sector driving Ontario's economy. Today, things are different. Output is dropping, investors are pulling up stakes and there's a grow- ing gap between southern Ontario and northern Ontario. The need for economic development in the north is palpable, but there are many challenges. These include low- density populations, lack of roads in some areas and other infrastructure de- velopment needs. There are also the unique challenges of working with First Nations and the 46 treaties signed between 1782 and 1930, all f lowing from the Royal Proclamation of 1763, issued Oct. 7 that year by King George III. That's why, in 2011, when then-pre- mier Dalton McGuinty an- nounced plans to develop the Ring of Fire, there was some skepticism. The Ring of Fire is a vast stretch of muskeg 400 kilo- metres northeast of Thunder Bay, rich with up to $60 bil- lion in minerals, including platinum, palladium and a massive deposit of chromite, and it has been likened to Ontario's version of the west- ern oilsands. McGuinty hoped the project would be in development within five years. However, predictably, nothing has re- ally happened. One of the major players, Cliffs Natu- ral Resources, sold up its claim at fire- sale prices and left. Other related proj- ects such as the smelter slated for Sud- bury have been put on the back burner. There's been some progress on how First Nations would share and partner in the resource development, facilitated by former NDP premier Bob Rae. However, this process appears to have derailed around the question of roads to get into the isolated location of the deposit, bringing equipment and man- power and then to bring the ore back for processing. So, we're stuck with people around tables and not shovels in the ground, as the letters f ly back and forth among the various parties. The provincial govern- ment has earmarked $1 billion for the infrastructure neces- sary to get the mining equip- ment in and the ore out, but there's still disagreement over whether it should be a road or rail. Five of the f ly-in First Na- tions are concerned year-round access will impact their way of life. Other First Nations are anxious to go full throttle, recognizing the potential to generate jobs locally and also to start and own the businesses needed to support large min- ing operations. Two years ago, Premier Kathleen Wynne defended the time it was taking to develop the Ring of Fire because it was "important to get it right." More recently, she, too, hit the wall. In April 2017, she wrote to the nine First Nations chiefs involved, emphasizing deadlines. "The time has now come to make some decisions that will move us for- ward," she wrote. "My government an- nounced $1 billion to support infra- structure into the Ring of Fire three years ago and if we are going to deliver on that we can delay no further. We should not squander the opportunity to build all-season roads and set the stage for future social and economic growth for communities that are supportive." She even set a timeline: "We need to see meaningful progress in weeks, not months, and I look forward to being up- dated in the very near future." That's a positive step that demon- strates much-needed leadership. There's a legal duty to consult in which the Crown must act with hon- our and take the lead. The provincial government needs to take a strong lead on this and set the course. In life and politics, you'll never please everyone, but you must do what's right for most. There's also a duty to all other stake- holders including those First Nations who want to move ahead within a de- fined framework. The benefits to all Ontario, First Na- tions and Canada are simply too great to let this matter fester any longer. LT uIan Harvey has been a journalist for more than 40 years writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. ticulated by lawyers who practise criminal law, the cumulative effect of such barriers becomes particu- larly troubling. Sticking one's head in the sand will not make the problem disappear. Sooner or later, there will be a thorny case or dev- astating crisis that emerges from these lags. This will reach the Supreme Court of Canada for redress, or worse yet, for those in power, the media. LT ©2017 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written per- mission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reli- ance 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. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $205.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circulation inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Keith Fulford at .............. 416-649-9585 . . . . . . . . . . . . . . . . . . . . . . or fax: 416-649-7870 keith.fulford@thomsonreuters.com SALES AND BUSINESS DEVELOPMENT Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Business Development Consultant: Ivan Ivanovitch ...................................416-887-4300 ivan.ivanovitch@tr.com Client Development Manager: Grace So .............................................416-903-4473 grace.so@tr.com Account Manager: Kimberlee Pascoe ...............................416-996-1739 kimberlee.pascoe@tr.com Account Executive: Steffanie Munroe ................................416-315-5879 steffanie.munroe@tr.com Law Times 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 LT.editor@thomsonreuters.com • @lawtimes Director/Group Publisher . . . . . . . . . Karen Lorimer Managing Editor . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . . . . .Alex Robinson Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . Leah Craven Art Director . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . . . . .Catherine Giles Electronic Production Specialist . . . Derek Welford Queen's Park Ian Harvey

• Cover