Law Times

Page 6 May 28, 2018 • Law TiMes www.lawtimesnews.com The bills that didn't make it BY IAN HARVEY I t was a bit cheeky, but the radio reporter who asked Ontario's PC leader if he could describe how a bill became law struck a nerve recently. Doug Ford called it out as a "gotcha" question and sidestepped it to all kinds of criticism. But the fact is how a bill be- comes law owes more to politics than process in reality. Take those bills that died on the or- der paper at the dissolution of the leg- islature — the epitaph of the provincial Liberal government led by Ontario Pre- mier Kathleen Wynne, now sinking in the polls. Prior to a throne speech in March, the last session began after a brief pro- rogue of the legislature and saw some 70 bills tabled in just two and a half months, though some were reintroductions of bills that died in the last session. The vast majority was never going to get royal assent for political and practical reasons. Only four received royal assent to be- come law, including Bill 53, Government Contract Wages Act, a shrewd bit of pre- election grandstanding that provides that minimum contract wages are paid for any government-related contract such as cleaning or security. It adds to the bureaucra- cy by creating a director of government contract wages, who doubtlessly comes with a suite of offices and staff. There's also Bill 31, Plan for Care and Opportunity Act, aka the Budget Act, which takes the deficit over $11 billion and is at the heart of the Liberals' reelection platform. Bill 8, Consumer Cred- it Reports and Elevators Availability Act includes housekeeping amendments to the Consumer Report- ing Act and Technical Standards and Safety Act, while Bill 3, Pay Transpar- ency Act is another political statement designed to bolster the Liberals as being the protectors of employees and, specifi- cally, women. It creates new reporting requirements for those who have more than 100 employees. Some were too little too late such as Bill 70, the York University Labour Dis- putes Resolution Act, which might have shortened the strike. Then there's Bill 4, which would have proclaimed Magna Carta Day on June 15 every year. We're all gutted that one didn't pass. Who doesn't want to party on Magna Carta Day? Sadly, Bill 7, End the Pub- lic Funding of Partisan Gov- ernment Advertising Act also bit the dust. While the Elec- tions Act stipulates an elec- tion every four years, it seems we've been in election mode since the new year between the media frenzy over the PC leadership race and the plethora of government ad- vertising reminding us what a great job it's been doing. And there were some oth- er questionable bills put forward this past session, such as Bill 11, Phones Down, Heads Up Act, which would have pro- hibited pedestrians from holding and us- ing mobile devices while crossing a road. They could have just called it the Darwin Act for short. It, too, died, but it gave rookie MPP Yvan Baker a burst of media coverage when he introduced it. He's up against Ford protege Kinga Surma this time out and needs all the help he can get given the Liberals' standings in the polls. Bill 21, Liability for Climate-Related Harms would have held oil and gas com- panies liable for climate-related harms in Ontario if their emissions contained greenhouse gases. This meant any f loods, rising sea lev- els, wind storms — just about anything could be pinned on these companies. It would have been a boon for lawyers and would have clogged the courts for de- cades with litigation, which would have both good and bad, depending on your practice specialty. And then there was Bill 22, Prohibit- ing Driving with Unlawful Handguns Act, which would have made it an of- fence to drive with an illegal handgun. Pity, because surely its passage would have stopped the gang and gun madness in this city overnight with $10,000 fines and up to six months imprisonment. Gangbangers are nothing but observant of motor vehicle laws, as we know. So, clearly, some were about political virtue signalling or to elevate a back- benchers' media profile and that's why it was prudent for Ford to shrug off the question. There's no easy answer because how a bill becomes law is not always about process, it's also about timing and poli- tics. LT uIan Harvey has been a journalist for more than 41 years, writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. COMMENT u EDITORIAL OBITER By Gabrielle Giroday ©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. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $205.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circulation inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Keith Fulford at .............. 416-649-9585 . . . . . . . . . . . . . . . . . . . . . . or fax: 416-649-7870 keith.fulford@thomsonreuters.com SALES AND BUSINESS DEVELOPMENT Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Sales Manager Paul Burton ............................................ 416-649-9928 paul.burton@tr.com Consultant, Strategy and Business Development: Ivan Ivanovitch ...................................... 416-887-4300 ivan.ivanovitch@tr.com Business Development Consultant: Kimberlee Pascoe .................................. 416-996-1739 kimberlee.pascoe@tr.com Account Executive: Steffanie Munroe ................................... 416-315-5879 steffanie.munroe@tr.com Law Times 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 LT.editor@thomsonreuters.com • @lawtimes Director/Group Publisher . . . . . . . . . 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 . . . . . Jacqueline D'Souza Electronic Production Specialist . . . Derek Welford Licensing insight E veryone contemplating attending law school would be wise to read a report by the Law Society of Ontario on the licensing, by the Professional Development and Competence Committee. The figures it contains are intimidating for those contemplating a career after law school. For example, the report notes that "only 10 per cent of Ontario law firms currently provide articling placements." "A permanent shortage of articling positions now exists," says the report. It also points out that, over the past 10 years, "the number of licensing candidates has increased by 70 per cent but the supply of articling positions has not kept pace." So, what are aggravating factors that make the articling crisis even worse? "Law school debt levels for some candidates have escalated . . . put- ting increased pressure on graduates to obtain remunerative training positions," it adds. "These factors can intensify the power imbalance between can- didates and their employers, leading to instances of harassment, dis- crimination and exploitation, where candidates work for nominal or no pay. Moreover, the increasing demand for articling positions has led to marginal placements, where candidates do not receive proper training and instruction." This is why the plan by the Law Society of Ontario looking at al- ternatives to articling is a wise move. High hopes existed for the Law Practice Program, but the report acknowledges a stigma persists. There is a definite gap in the market when the number of graduates from Ontario law programs has skyrocketed, by 60 per cent between 2007 and 2012. This is undeniable and concerning. Therefore, the sooner the profession is educated and consult- ed with on next moves, the better. Attention should be paid to such dire statistics, and fast. LT Queen's Park Ian Harvey

• Cover