Law Times

Page 6 February 12, 2018 • Law Times www.lawtimesnews.com COMMENT u EDITORIAL OBITER By Gabrielle Giroday System shifts W hen the world changes, does the law change with it? This, of course, is a matter of where you are situated. This week, attending the annual Ontario Bar As- sociation's Institute, I was reminded of how slowly systems shift when lawyer Sabrina Bandali recounted a story of the extensive efforts that had to be made by a group of lawyers to change rules around modifying gowns for court, for pregnant women and people with health issues. This issue of Law Times covers a variety of looming changes. Young lawyers want more say within the Law Society of Ontario, as evidenced by their request for the creation of bencher positions specifically for new lawyers and law students on the legal regulator's governing board. This comes at a time when discussions on licensing loom on the horizon and concerns have been voiced about a shortage of articling positions and the cost of tuition. Meanwhile, the Ontario Bar Association is currently considering a proposal to the province's Civil Rules Committee that would improve the ability of litigants to serve materials using email without requiring information from the opposite side or a court order. One lawyer recently turned to another social media platform, Instagram, to serve a defendant with a statement of claim. It's believed to be the first time it's happened in the province. In another piece, we report on how the Chinese and Southeast Asian Legal Clinic is challenging the constitutionality of part of the Income Tax Act, legislation that the clinic says bars refugee claimants from receiving Canada child benefits. Change requires hard work — often unpaid and unrecognized. Being the first at anything is not easy, which is what gives it meaning. With this work comes a resilience, built from oft-repeated failure, and a sense of purpose, at pur- suing pathways otherwise not trodden. LT ©2018 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. 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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 Get ready for the race BY IAN HARVEY T hey say a week in politics is a long time. It's been a lifetime for some in the Progressive Conservative Party of Ontario over the last couple of weeks. The velocity at which the rank and file parted to leave their former leader Patrick Brown withering in the midst of a media storm was astonishing but not surprising given the party's reputation for devouring its young. It was even more painful to watch and listen as some caucus members plunged their knives in and kicked him when he was down. Certainly, Brown had to step down because of allegations by then-unnamed women. The court of public opinion al- lows no right of rebuttal or trial. Nothing has been heard from him since. No doubt he's licking his wounds and trying to figure out his next move as things settle down. It's a murky, messy business akin to firing your coach on the eve of the Su- perbowl and it has to hurt deeply. Former MPP and Brown confidant Garfield Dunlop, who gave up his Sim- coe-North seat for the leader and who has been dismissed from his party position because of his close ties with Brown, said recently: "He feels like he's been hit by a truck." Still, the show must go on and so the PCPO is set to announce a new leader on March 10, as voted on in a preferential — ranked — bal- lot cast by party members in good standing as of Feb. 16, which is also the last day for candidates to register. Voting will be electronic with the lowest-polling candidate dropped at the conclusion of each round. The first to garner 50 per cent of the votes wins. The rush is on to sign up members, with populist Doug Ford up against political newbie but old guard establish- ment darling Caroline Mulroney and former MPP Christine Elliott, who was narrowly defeated by Brown at the 2015 leadership. Both Ford and Elliott, however, must also seek and win a nomination to qual- ify under the rules, while Mulroney is already nominated in York-Simcoe. Each has committed to the $100,000 entry fee and cannot spend more than $750,000 on their campaign. Voting starts March 2 and runs through March 8, with the winner announced two days later. The clock is ticking and there's not much room for radical departure from the party line. The rules also say all can- didates must abide by the party's platform as estab- lished last fall, the People's Guarantee, with 147 promised and five considered ironclad pledges. Given the time and policy constraints, the leadership race risks becoming little more than a contest based on style rather than substance. However, there are enough days of intense campaigning to be done within those narrow guidelines and each candi- date will shape their message according- ly, appealing to either the more socially liberal or socially conservative party faithful or going full out on a "respect the taxpayer" platform, as Ford will do. Meanwhile, the Liberals have massed for a do-or-die effort. The official general election polling day is June 7 and, under the Elections Act, the writ drops 28 days earlier, May 8, which is when the official campaigns — and spending — can begin. That leaves just two months for the PCPO to establish itsnew brand image. As premier, however, Kathleen Wynn could call an election earlier, forcing the PCPO into campaign mode before it has barely elected a leader, though she said last year she would not do so. Still, a year in politics is a lifetime and that was then and this is now, so anything could hap- pen. Meanwhile, the leadership race will probably drown out the Liberals through the end of March, such is the nature of the myopic media. That gives them until April to formu- late a strategy to attack the new leader and the Tories and to convince the elec- torate it's better to stick with the devil you know. Pass the popcorn. 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. Queen's Park Ian Harvey

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