Ahead of this week’s provincial election in Ontario we decided to reach out to the major parties and ask about their policies on access to justice. Specifically, we asked the following:
“As access to justice is a growing concern, we are reaching out to you to find out what your stance is on affordable legal services.
Today more than half the people who go to family court in Canada are there without a lawyer because they cannot afford to pay for one and don’t qualify for Legal Aid. Many people who are forced to “represent themselves” in court feel that they do not get a fair hearing and are at a big disadvantage, especially when they are up against a lawyer on the other side (and research shows they do not do as well in court as those who can afford lawyers to make their case for them).
What is your party’s plan to ensure that Ontarians have access to affordable legal services?”
PC
We reached out numerous times to the Ontario PC party, but received no response.
Liberals
Noel Semple, running for the Liberals in Etobicoke Centre, responded:
“Thank you for the opportunity. An Ontario Liberal government will reverse the Ford government’s cuts to legal aid. We will also undo the cuts that have been made to the provincial tribunals (such as the Landlord and Tenant Board, the Social Benefits Tribunal, and the Human Rights Tribunal of Ontario). As you know, many self-represented litigants appear before these boards to seek justice.
Personally, I have worked for many years on issues related to access to justice in Ontario’s civil courts and tribunals. I sit on the Board of Directors of South Etobicoke Community Legal Services, and have been on the advisory board of the National Self-Represented Litigants Project since its inception. In addition, I have published numerous articles and pieces on topics related to dispute resolution, access to justice, and family law. Having the opportunity to help improve access to justice as a Member of Provincial Parliament would be, for me, the opportunity of a lifetime.”
NDP
The NDP’s Ontario headquarters responded:
“Ontario’s family court system has been in crisis for more than a decade. In that time, there have been many studies, including the leading study by Dr. Macfarlane published in 2013, that agree on many of the steps that need to be taken to fix the problem. Unfortunately, both Liberal and Conservative governments have failed to act. The Ontario NDP understands the significant impact that these delays have had on countless Ontarians, especially children.
The NDP believes that increasing funding for Legal Aid is not only the right thing to do, it is also the smart thing to do. There is no disagreement amongst legal professionals that money spent on Legal Aid produces net savings in court efficiencies and social services, and mitigates the traumatic impact that being caught in the justice system can have on people’s lives. The NDP has committed to reversing the Conservative cuts to Legal Aid, and ensuring that more people qualify for legal assistance. We have also committed to providing increased funding for summary legal advice and unbundled legal services.
Beyond additional funding, systemic reforms will be required to make the justice system a more fair and safe place for all Ontarians. We are committed to working with legal professionals, as well as self-represented litigants, to realize that goal.”
Green Party
The Green Party of Ontario headquarters responded:
“Our platform includes several plans to address inequities in our justice system, and ensure that all Ontarians have access to affordable legal services. This includes:
– Restoring adequate funding to Legal Aid by boosting their base budget and developing a long-term, structurally stable funding plan
– Immediately appointing more full-time, qualified adjudicators to the Human Rights Tribunal of Ontario to ensure timely and effective case hearings
– Support survivors of gender-based violence by increasing funding for Sexual Assault Centres, emergency shelters, transitional housing, and legal supports
– Ensuring that court mental health workers are available across Ontario to divert individuals living with a mental health or substance use concern out of the justice system and into the mental health and addictions services and supports
– Working with the federal government to fast-track the decriminalization of drugs and reallocate funding from the justice system to mental health care services
I hope this has helped give you more information on our stance regarding access to justice and appropriate legal aid in Ontario.”
…
We hope that these responses are useful to Ontario voters invested in access to justice issues as they head to the polls this Thursday.
Same old, same old. No plans for real change. Obviously these politicians have no clue about the ailments of the justice system and why we ordinary folk get no justice. They are all at sea. Maybe if they all drown we will get a chance for fresh ideas to come to the table. Maybe if you will pass this response to all of them, they may start engaging their brain.
The access to justice issue needs to become a political one and that will happen only when it becomes embarrassing for politicians. That may yet happen, when the Federal Court issues the judgment from the April 25 hearing of the judicial review challenging the CJC’s handling of the complaints about Tax Court justice David E. Spiro. That may then give the media / press corps the courage to end what appears to be a blackout on reporting on the CJC. And then hopefully they’ll be willing to talk about what has happened to the “reform” of the judicial conduct regime inscribed in the Judges Act. Justice Minister Lametti would just be the first of many people that story would embarrass. That is, if the press decides to stop ignoring it.