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Page 6 September 18, 2017 • Law timeS www.lawtimesnews.com COMMENT u EDITORIAL OBITER By Gabrielle Giroday Criminalization critique L ast week, justice ministers from across the country met in Vancouver to discuss a range of pressing issues, notably mari- juana legalization. But advocates for the rights of people living with HIV were paying close attention, as another item was on the agenda — discus- sions around how the criminal law is applied against people living with HIV, regarding their disclosure to sexual partners. Legal groups are intervening in an upcoming appeal occurring in Nova Scotia, involving a man convicted of two counts of sexual assault causing bodily harm, saying that case will have ramifications across Canada. Ontario lawyers have called on the government to provide more information about how prosecutors determine which cases they choose to pursue around HIV non-disclosure. "We require sound prosecutorial guidance to be produced by the Ontario Ministry of the Attorney General to ensure that Crown pros- ecutors handling HIV non-disclosure allegations are conducted in a manner that is truly in line with current up-to-date science as well as human rights principles," says Ryan Peck, executive director of the HIV & Aids Legal Clinic Ontario, whose group is participating in the Nova Scotia appeal. "Until such guidelines are put in place . . . we take the position that there ought to be a moratorium on all prosecutions unless there is an allegation [that] somebody is intentionally, mali- ciously attempting to infect somebody else [and] transmit HIV." Peck and other advocates have a point when it comes to applying a new lens to how we view HIV. The laws under the Criminal Code are worthy of review — and clearer articulation within the law, and how the prosecutorial guidelines are applied, will bring clarity on all sides. LT ©2017 Thomson Reuters Canada Ltd. 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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 Last kicks at the can BY IAN HARVEY T he legislature's resumption sig- nals a last chance for the provin- cial Liberals to swing it around and get their message imprinted on to voters' minds as they align for the June 7, 2018 election. Thus, there's a line- up of legislation they want to move on, even if it only means going out with guns blazing. True to her activist pledge, Premier Kathleen Wynne is pointing the bus toward substantial change, hoping to bring disaffected middle-politics voters back into the Liberal tent while stealing NDP voters with borrowed strategies. She's sweetened things up to lure the latter. Changes to the Employment Stan- dards Act to set a $15-an-hour mini- mum wage in motion for Jan. 2019 have been tabled already and move into heat- ed debate this fall. People will be reminded next month when the minimum wage rises to $11.60 an hour and then again in January when it rises to $14 with the carrot dangling of $15 in January 2019. The Liberals are en- suring voters don't forget them. Bill 148, Fair Workplaces, Better Jobs Act, 2017 encompasses several amend- ments to the Employment Standards Act, 2000 and the Labour Relations Act, 1995, tightening up who is deemed an employee, codi- fying shift change notifica- tion, minimum shift pay, overtime, vacation pay, the requirement of employers to furnish a list of employees, applications for certifica- tion and a plethora of other changes. Labour lawyers will see a lot of opportunities should all the changes pass. While the government has con- vened hearings, there's little sign it is budging on the core issues, though on second reading there may be some mi- nor tweaking. There's also a suggestion that Ontario will soften the impact on small business- es with tax relief, but details have yet to be tabled. While there will be some distractions from two ongoing trials this fall, includ- ing the Elections Act bribery charges in which Wynne testified last week, bar- ring explosive developments, it will be business as usual for the provincial gov- ernment. Some time before Christmas, it will address marijuana legalization that is pending federally, leaving the provinces with implementation and sales regulations. Taking no risks, the Lib- erals have announced they will trial 40 to 60 storefronts, operated by a subsidiary of the LCBO, with a target of 150 stores by July 2020. Given that there are 660 LCBO stores and 212 LCBO agency stores covering 52.2 per cent of the Ontario bev- erage market, it seems a tad short and one that assures local dealers will continue unchal- lenged. While the market for pot may not be as big as the market for alcohol, there's substantial demand and a well- entrenched underground retail network with an even more robust wholesale sup- ply chain that has kept prices stable for decades. The takeaway is that Ontario has no real intention of competing; it merely needs to pay lip service to the concept to support the federal Liberals. Meanwhile, other legislation is also pending, such as amendments to the Police Services Act, which will direct more non-essential, "non-policing" jobs such as court security, crime scene pro- tection outsourced to civilians and put the brakes on automated pay rises. More controversial, at least with police unions, is stopping the practice of suspension with pay for those police officers charged criminally on the job, something the Ontario Association of Chiefs of Police has been pushing for years. Then there's Justice Michael H. Tull- och's review of police oversight agencies: the Special Investigations Unit, the Of- fice of the Independent Police Review Director and the Ontario Civilian Police Commission. His report calling for more trans- parency didn't generate a lot of media attention, but recent events and head- lines have pushed it on to the front pages again. It's a crowded legislative agenda and it will be hard slogging with the verbal attacks from the other side of the house vociferous and pointed. In other words, it's great political entertainment, if you like that kind of thing. 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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