Submissions and Legislative Updates

This week in the Legislature, the government’s plans to address COVID-19 continued to be the focus of debate and the focus of government announcements. 

The Legislature returned this week after adjourning on July 21.  The government introduced two pieces of legislation, Bill 202, Soldier’s Aid Commission Act, 2020 and Bill 204, Helping Tenants and Small Businesses Act, 2020. The main issues this week revolved around the government’s back to school plans and the rise in COVID-19 cases. 

The OBA made this submission calling for the expansion of mandatory mediation in Ontario.

The Legislature sat on Monday and Tuesday this week.  There were no new bills introduced.  The Legislature adjourned this week, for the session, and will return on September 14, 2020.

The Legislature sat on Monday through Wednesday this week this week.  No new bills were introduced, however the government brought motions to time allocate Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 and Bill 197, COVID-19 Economic Recovery Act, 2020, which were introduced last week. The motions would move the two bills to 3rd Reading next week, without committee hearings, when the legislature is scheduled to sit again on July 20th.

On Tuesday, the government introduced Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The legislation allows for the government to continue the use of existing emergency powers otherwise restricted for use under a Declaration of Emergency. The current Declaration of Emergency was introduced on March 17th and has been renewed within each consecutive two week period.

The OBA submission raised three specific issues that it would like to see addressed with respect to the proposed Legal Aid Services Act in Bill 161: (1) Ensuring additional funding for court-ordered services currently covered directly by the Attorney General; (2) Clarifying a fair process regarding information disclosure for lawyers who represent LAO clients; and, (3) Clarifying proportional representation on the LAO Board.

As part of the provincial government’s pre-budget consultations, the OBA asked the government to commit to adequate and predictable funding for the legal aid system and ensure adequate funding of a comprehensive strategy that recognizes the prevalence of mental health issues for society’s most vulnerable who are served by lawyers in all areas of the legal aid system.

The Ministry of the Attorney General, in partnership with Legal Aid Ontario is currently engaged in the Legal Aid Ontario Modernization Project (“Project”). The mandate of the Project is to develop and implement reform proposals and legislative amendments that will contribute to moving the legal aid system towards sustainability and modernized service delivery to better meet the needs of low-income Ontarians through governance and service delivery improvements.

This submission is in response to the Law Society of Ontario's Access to Justice Committee's "Review of the Law Society's Access to Justice Approach: Call for Comment"