Law Times

Page 6 June 5, 2017 • Law Times www.lawtimesnews.com COMMENT Where are the tough-on-crime Tories? BY SUSAN DELACOURT I f a person was looking for crime fight- ers at Toronto's Congress Centre in late May, it might have been wisest to head over to the Anime North gather- ing being held on the same weekend in the same place as the federal Conserva- tive leadership convention. At Anime North, hundreds of people arrived dressed as their favourite caped crusaders for justice, complete with wings, swords and other equipment to keep evil at bay. Next door at the Conservative leader- ship convention, there was far less talk of keeping the world (or even the streets) safe from bad guys. Law and order, which once formed a major pillar of Conservatives' appeals to voters, doesn't seem to be the hot issue it once was for Canada's former governing party. New leader Andrew Scheer didn't play it up in any of his speeches to the conven- tion that gave him Stephen Harper's old job and none of his competitors high- lighted it all that much either. In a leadership field with more than a dozen candidates, one would expect to find a number of strands of the Harper legacy, and many were present, especial- ly when it came to fiscal conservatism. Yet, none of the leadership contenders could have been called the "tough-on-crime" choice on the ballot. Now, that may have been because Conservatives gen- erally agree that they are the best placed to sell law and order to Canadians, so they don't need to remind voters. But is it also a more difficult message to sell when Con- servatives are trying be more upbeat — dare we say "sun- nier" — than Harper, as Scheer seems to be promising? To be fair, some of this started be- fore Scheer won the leadership, perhaps part of interim leader Rona Ambrose's promise to change the party's tone. Of the 40 or so private members' bills that Conservative MPs have introduced since they were bounced to opposition in 2015, only about one-quarter of them could be described in any way as "law and order" legislation. Some are revived bills that died with the end of the federal Conservative gov- ernment in late 2015, like the long-shelved law to give extra punishment to someone who harms an unborn child in the com- mission of a crime, for instance. There's also the "life means life" legislation that Harper was talking up on the 2015 elec- tion trail. (That's the bill de- nying parole to people who commit particularly vicious crimes.) But any glance at the whole list of the bills that Conservatives have been try- ing to introduce since late 2015 — their body of legisla- tive work, if you want to see it that way — doesn't really re- veal a big preoccupation with crime and punishment. The overall subject matter, in fact, seems to tilt more heavily toward tax or health matters. Meanwhile, the MP in charge of jus- tice matters for the party, Rob Nicholson, hasn't been all that visible in the Com- mons either. Nicholson, who served as justice minister, has been spotted asking questions in the Commons from time to time, but the official record shows that most of the queries were about judges and appointments. Perhaps this is also a ref lection of a larger Conservative mood. For the decade that the Conserva- tives were in power, people attended the annual Manning Institute conference to see where the political winds were blowing on the right. Harper may not have had a cozy relationship with his old mentor, Preston Manning, but the Man- ning conference was a great snapshot nonetheless of the state of Canadian conservative thinking. The 2017 conference, held in Febru- ary in Ottawa, had nearly nothing to say about law and order issues. There were two sessions on Islamic extrem- ism, a couple of sessions on threats to free speech and a lot of talk, on the stage and in the corridors, about Donald Trump's victory. But, really, none of the sessions fit the old, law and order theme of Harper's conservatism. It could just be that in a world with Don- ald Trump and Islamic extremism, Con- servatives calculate that voters' views of what's scary has expanded beyond what's going on in the courts or their communi- ties. However, Scheer is plotting a course to be "Stephen Harper with a smile." It's difficult to put a smiling, positive face on a party that's always getting tough and cracking down on things — well, un- less one has wings and a cape, too, and that doesn't seem like a look this new leader will adopt. LT uSusan Delacourt is an Ottawa-based political author and columnist who has been working on Parliament Hill for nearly 30 years. She is a frequent political panellist on national television and author of four books. 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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 The Hill Susan Delacourt Susan Delacourt Words matter A Law Times column that ran this past week has engendered plenty of discussion. In the column, lawyer David McRobert asks: "Why does Ontario's Law Society cling to an arcane tradition of insisting its name must remain as the Law Society of Upper Canada? "There are profound reasons for divesting the LSUC of its colonial vestiges," he states in the column. "Irrespective of the geographic confusion that the 220-year-old name garners, the name risks becoming increasingly contentious due to its negative colonial connotations." Response online has been active — poll responses came in fast and furious. At press time, about 50 per cent of respondents said they thought the name should change. Another 50 per cent said the LSUC name was appropriate as it was. "LSUC refers to a colonial past; let's update its name in respect to TRC," said one commenter. "What specious reasoning," said another. "To argue that 'Upper Canada' is somehow less colonial than 'Ontario' is a ridiculous exer- cise." As the piece by McRobert notes, there was a failed attempt in 2012 to update the law society's name to the Ontario Law Society. But, five years have elapsed, and social norms have changed. My issue with referencing Upper Canada is not just its baggage — it's accuracy. Upper Canada just simply isn't accurate. Time to move with the times. When it comes to changes, there are also some on our end to report. We're very grateful to longtime Law Times columnists Alan Shanoff and Richard Cleroux for their years of insight, and we wish them well in their next adventures. As of this issue, we welcome veteran Ottawa journalist Susan Delacourt as Law Times' columnist at Parliament Hill. Welcome, Susan. LT RE: "Speaker's Corner: Time for LSUC to change name," May 29, 2017 Mr. [David] McRobert raises important points in his May 29 opinion piece, "Time for LSUC to change name." The Law Society is aware of the concerns and issues he cites and recognizes the importance of viewing matters through a contemporary lens. Our vision is to lead as a progres- sive regulator that is transparent, inclusive and relevant to our members and, more importantly, to the public we serve, and we know that our name matters. Part of our 2015-19 Strategic Plan includes developing a comprehen- sive communications strategy to improve public awareness of how the Law Society and the legal professions serve the public. We want to make sure people throughout Ontario's many diverse communities know who we are, what we do, and how to access our services. Our research for this strategy has included understanding how we are perceived and known, including reactions to our name. In short, the Law Society is well aware of the points made by Mr. McRobert, and will be reviewing a proposed communications strategy in the near future, which will include consideration of our name and our public image. We welcome input on this important issue. Paul Schabas Treasurer (President) The Law Society of Upper Canada u Letter to the editor u EDITORIAL OBITER By Gabrielle Giroday

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