Law Times

PAGE 6 u EDITORIAL OBITER By Glenn Kauth L Feds to blame for legal aid cuts awyers for refugees are understandably upset with Legal Aid Ontario' prospect of providing limited services to those with very little prospect of making a successful refugee application and to those with a very high likelihood of success. Th e approach would involve moving those clients towards web- and phone-based services while focusing more on those in the middle whose chances fall between the two extremes. It' applicants. As Law Times notes on page 1 this week, LAO has raised the s trial balloon about scaling back services for some sultation paper on the issue, has seen its expenditures for immigra- tion and refugee cases increase to nearly $18 million in 2011-12 from $12 million in 2007-08. Th e increases come as LAO has suff ered a number of fi nancial blows, including reduced funding from the Law Foundation of Ontario. At the same time, the federal contribution to refugee legal aid in Ontario fell to $6.7 million in 2011-12, a reduc- tion of $2.7 million from the previous year, according to LAO. In addition, legal changes to the refugee system are putting greater s certainly logical on the face of it. LAO, according to its con- pressure on applicants. Under Bill C-31, which will come into eff ect in December, those who claim refugee status at ports of entry will have to submit the basis of their claim within 15 days following a re- ferral to the Immigration and Refugee Board. Th e need for legal as- sistance, then, becomes even more important as the timelines shrink. Lawyer Raoul Boulakia points out the irony in the call for cuts when he tells Law Times' Yamri Taddese: "Th e justifi cation for these cuts is that there is more need. Go fi gure. with the lowest likelihood of success are the ones most in need of legal assistance. And given many applicants' limited English skills when they fi rst arrive in Canada, a lot of them aren't going to be able Th ere's also the argument, of course, that those refugee applicants " COMMENT November 12, 2012 • Law Times to manage the process largely on their own within 15 days of landing here. It' ation. But the blame for it really should be on the federal government. It has reduced its commitment to refugee legal aid despite the fact that it' s clear, however, that LAO is in a diffi cult situ- sible for immigration and refugee matters in Can- ada. Provincial governments have also raised con- cerns about federal funding for legal aid in general, particularly for criminal and civil matters. On Oct. 31, for example, provincial and territorial ministers responsible for justice and public safety raised the issue during a meeting with their federal counter- parts. But while they predictably tabled their re- quests for more money, they also had to make due with acknowledging "the importance of retaining a s respon- fi ve-year federal commitment of $560 million," the federal government noted last week. So the federal government is eff ectively shutting the door on new money for legal aid. Given the current budget constraints, that may be inevitable. But it's clear that if the federal gov- ernment is going to be making the rules around the refugee application system, it shouldn't also be cutting funding for legal aid services and leaving provincial organizations to deal with the fallout. Freezing funding may be necessary for the time being, but if the federal government is going to cut Ontario' should be taking the blame for the service reduc- tions organizations like LAO may have to make. — Glenn Kauth A Beware proposals to increase landlords' powers edies suggested in your ar- ticle about Superior Court Justice Ted Matlow' against residential tenants abusing the right to appeal Landlord and Tenant Board decisions would do more harm than good. Residential landlords do not need s rant LETTERS.indd 1 s oſt en happens when we only get one side of the story, the rem- u Letter TO THE EDITOR loosen those regulations without con- sidering the larger impacts. One lawyer proposes a requirement more help to collect rent. Th e landlord lobby group, the Federation of Rental- Housing Providers of Ontario, tells us in its ironically titled brief, "Justice de- nied, " that 98.5 per cent of rents from their tenants are paid in full. Th at's the be carefully regulated. Th e lawyers you interview are full of ideas about how to s a power that must Law Times LT Masthead.indd 1 kind of collection clout you get when you have the power to deprive people of their homes. It' of leave for all tenant appeals from the Landlord and Tenant Board. Th is would undoubtedly increase the court' workload by requiring a motion for ev- ery tenant appeal and not just those in which abuse was alleged. But would it not also interfere with judicial super- vision of the board' s procedural hurdle to the protection of the vital interest in maintaining posses- sion of one' s work and create a Th e lawyer also proposes requiring tenants to pay their rent to the board, s home? not sure this idea would fi nd favour among landlords or tenants. Th e crimi- nal law already prohibits the swearing and fi ling of false affi davits. Th is is the sanction we rely on in litigation to pro- tect the integrity of the court or a tribu- nal process. Another lawyer proposes to set up a public registry for residential rather than to the landlord, aſt er a conditional eviction order is made. Th e process to make these payments is cumbersome as is getting the money out of the board in a timely fashion. So I am 3/1/12 4:39 PM ants' debts. Th is registry already exists. It' ten- Any order of the Landlord and Ten- ant Board for the payment of money can be fi led there in the same manner as a court judgment. Prospective land- lords have the right, as we all do, to do s called the court enforcement offi ce. 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 Group Publisher ................... Karen Lorimer Editorial Director ................... Gail J. Cohen Editor .............................. Glenn Kauth Staff Writer ................... Michael McKiernan Staff Writer ........................Yamri Taddese Copy Editor ...................... 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Please recycle this newspaper. any action taken or not taken in reliance 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., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 • 416-298-5141 clb.lteditor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $175.00 + HST per year in Canada (HST Reg. #R121351134) and $265.00 for foreign addresses. Single copies are $4.00 Circulation www.lawtimesnews.com 11/7/12 11:23 AM a sheriff 's search before contracting must be put in perspective. Using the court' with a party that seems suspicious. Th e limits on access to information at the board are the result of a recognition by the information and privacy commis- sioner of the potential danger in un- trammelled access to tenants' personal information. Matlow' s call for legislative change that inevitable day of reckoning when your case will be heard on its merits is not confi ned to unscrupulous resi- dential tenants. Just ask those women who tried to get pay equity from Bell Canada. s rules and appeal rights to put off Director of advocacy and legal services, Kenneth Hale, Advocacy Centre for Tenants Ontario inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corpo- rate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. 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