Law Times

Page 6 August 21, 2017 • LAw times www.lawtimesnews.com COMMENT u EDITORIAL OBITER By Gabrielle Giroday Suspension tension I ssues around lawyer discipline frequently garner headlines. In this issue, Law Times has its third piece in a four-part series examin- ing lawyer discipline. The series has illuminated the skyrocketing number of interlocutory suspensions sought by the Law Society of Upper Canada since 2012. While such a move is arguably prudent when it comes to protect- ing the public interest, some lawyers have pointed out it could unfair- ly tar some lawyers accused of wrongdoing and have practice-ruining results. Lawyers who defend practitioners in discipline proceedings say part of the test to determine whether a lawyer should receive an interlocutory suspension is too easy to meet and that tribunal panels have been too quick to rely on it. "While many suspension orders will, in retrospect, be seen to have been the correct choice, some will not. An increased number of li- censees are at risk of paying this necessary price," said Malcolm Mer- cer, chairman of a Law Society Tribunal hearing decision panel, in Law Society of Upper Canada v. Ejidike, 2016 ONLSTH 69. "While vigilant public protection is necessary, it is important to ensure that the conduct of licensees under interlocutory suspension is indeed promptly investigated, and where appropriate, prosecuted. As well, there is value in better assuring during a suspension that the suspension continues to be in the interests of justice," according to the ruling. In other words, balance — not blunt instruments. When there is a sea change in any policy, push- back is to be expected. In the case of interlocutory suspensions, the LSUC should stay well attuned to ensuring its investigative resources are adequately staffed, while ensuring the appropriate remedy is sought while a lawyer is under investigation. LT ©2017 Thomson Reuters Canada Ltd. All rights reserved. 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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 Tiptoeing around the political minefield BY IAN HARVEY Law Times W ith 10 months before the June 7, 2018 general elec- tion, things are about to get interesting politically around Queen's Park. The legislature doesn't reconvene until Sept. 11, but there's a lot going on behind the scenes, not least of which is damage control. Depending on which public polls you read, the provincial Liberals are either starting their comeback or peaking on a dead cat bounce, the latter describing a stock seeing a blip recovery after a tu- multuous plummet. Drill down into those polls and the message is even more ominous. Premier Kathleen Wynne and the Ontario Liberal Party were at 23 per cent of decided voters in mid-June, with the Tories under Patrick Brown at 44 per cent and the NDP at 23 per cent, accord- ing to a poll done by Forum Research. That's majority government territory for the PCs. Usually, the summer is a quieter time when it comes to political news. However, come September, headlines will start ramping up again. Given the latest polling results, it's not looking good. For one, there's the up- coming Election Act trial in Sudbury set to start Sept. 7. Pat Sorbara, Wynne's former deputy chief of staff, faces two charges of bribery under the act while party bagman Gerry Lougheed faces one charge. Wynne is doing the right thing by promising to testify and not invoking Parliamen- tary privilege. Doubtlessly, she will per- form well on the stand since she's both an experienced politician and has honed her storyline ad infinitum under a barrage of questions in the legislature. How and if an alleged offer to stand down was made to Sudbury candidate Andrew Olivier is yet to be determined in court, and the back story may well be how party politics is played. However, it just doesn't look good and politics is always about the optics. Meanwhile, Brown has been stead- fastly silent on many key issues, quietly working within his own party to present a unified front, ready for the campaigns to unofficially kick off after Labour Day. He's being circumspect, well aware of how former provincial Tory leader John Tory's promise to give full funding to all faith schools cost the election in 2007. He's also aware of how Tim Hudak's verbal misstep on chain gangs and civil ser- vice cuts gifted the Liberals a majority government in 2014. Brown knows Liberal strategists have set aside cash, waiting to unleash a tsunami of attack ads as soon as he stumbles, so he's stuck to a wise defensive strategy. As the frontrunner, he doesn't need to stick his neck out. Ironically, Brown's biggest headache may be within his own party where hard right factions are splintering off, furious because he's blocking social conservative candidates from nominations. Neither the Ontario Trillium Party, which features caucus-booted MPP Jack MacLaren, nor the unregistered Ontario Alliance Party have a hope in elect- ing anyone. Both are old school, anti- abortion, anti-sex education, anti-car- bon tax, hard-line fundamentalist par- ties, values that will not resonate with all important voters in urban centres such as Toronto where the PCs must win to govern. They may, however, split the vote if there's a low turnout and that could be problematic. Still, the Tory leader is weeding out social conservatives, recruiting brand names such as Caroline Mulroney to seek the nomination in York-Simcoe and otherwise hand-picking candidates who understand that getting elected means winning votes from the middle and not catering to the hard right. As Bill Davis, premier from 1971 to 1985, well knows, creating a big tent means stealing ideas and strategies from the Liberals and the NDP. He was an ex- pert at the three phases to forming a gov- ernment: getting elected, governing and then getting re-elected. Brown would do well to emulate Da- vis' strategies because Premier Wynne's own failures are doing 80 per cent of Brown's campaigning for him. All he has to do is hold the line and keep his eye on the prize between now and next June. LT uIan Harvey has been a journalist for more than 40 years, writing about a di- verse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. Queen's Park Ian Harvey

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