Helping people resolve their legal issues faster and more affordably

TORONTO — The Ontario government is taking action to make it easier, faster and more affordable for people to access the justice system.

Today, Attorney General Doug Downey introduced the Smarter and Stronger Justice Act to simplify a complex and outdated justice system. If passed, the bill would modernize and improve how legal aid services are delivered, class actions are handled, court processes are administered and make life easier for Ontarians by paving the way to allow identities and legal documents to be verified online.

“We have heard loud and clear from people across Ontario that the justice system has grown too complex and outdated, and needs to better support the growth of safer communities while standing up for victims of crime and law-abiding citizens,” said Attorney General Downey. “Our government is proposing smart and sensible reforms that will allow people to spend less time and money resolving their legal matters while strengthening access to the legal supports Ontarians need.”

Included in this proposed legislation are amendments that would give Legal Aid Ontario (LAO) the tools it needs to help clients resolve their legal issues faster and with fewer road blocks. The proposed changes build on the strengths of community legal clinics, duty counsel and the use of private bar certificates to fix or replace outdated processes. They also provide LAO the authority to make rules about operational matters. As a result of these changes, LAO could seamlessly and sustainably provide high quality services to clients where and when they need them.

“The new Legal Aid Services Act is an important step towards improving access to justice in Ontario. It offers opportunities for innovation, and allows us to address gaps in the justice system. This legislation, if passed, would allow Legal Aid Ontario and its valued service providers—including staff, clinics and the private bar—to better serve clients,” said David Field, CEO, LAO.

The Attorney General also confirmed that, following extensive consultations, LAO’s 2020-2021 funding will be maintained at its current levels. 

Other proposed amendments would move Ontario towards a stronger and smarter justice system by:

• paving the way to allow for the online verification of identity and legal documents for transactions such as real estate agreements, gifting a used vehicle to a family member or starting a claim in court
• enhancing Ontario’s civil forfeiture laws to ensure crime does not pay and proceeds of crime are used to support victims of illegal activity
• prioritizing the interests of Ontarians in class action lawsuits so they receive faster, more transparent and more meaningful compensation and access to justice
• making it easier for cyberbullying victims to sue offenders convicted of the offence of non-consensual distribution of an intimate image
• allowing for a simplified procedure for small estates, making it less costly to administer estates of a modest value
• increasing the maximum fine for lawyers and paralegals who engage in professional misconduct and stopping the practice of government footing the bill for legal fees incurred by judges and justices of the peace who are dismissed due to misconduct
• amending the death registration process to ease the burden for families when faced with registering the death of a loved one in the absence of their remains.

“The amendments announced by the government today respond to an evolving legal landscape,” said Law Society Treasurer Malcolm Mercer. “The Law Society is specifically pleased with the amendments to the Law Society Act, all of which will help provide greater public protection. We thank the government for moving ahead on these changes which assist in regulation of the legal professions in the public interest.”

In total, the proposed legislation includes changes to more than 20 acts that would simplify complex and outdated processes so justice works better for Ontarians.

Quotes

“We are very pleased Attorney General Downey continues to recognize the foundational role community legal clinics play in creating a strong Ontario justice system that protects vulnerable members of our communities and provides them with the legal services they need.”
– Trudy McCormick, Co-Chair, Association of Community Legal Clinics of Ontario

“This new legislation will improve the delivery of legal aid services in Ontario while ensuring  independent community legal clinics continue to work closely with the communities they serve in identifying their needs and in providing poverty law services to their clients.”
– Gary Newhouse, Co-Chair, Association of Community Legal Clinics of Ontario

“The Ontario Paralegal Association applauds the Ontario government for putting forward proposed changes to the Notaries Act and the Commissioners for taking Affidavits Act that would make it easier for paralegals in their daily practice to fully serve their clients. These changes will make accessing notary services easier and improve access to justice for Ontarians. We are pleased that Attorney General Downey has listened to our concerns and is moving forward on this change.”
– George Brown, President, The Ontario Paralegal Association

“Allowing for virtual commissioning and notarizing is a positive step for those using legal services. Permitting virtual commissioning and notarizing ultimately makes the system more consumer friendly and more responsive. From a consumer standpoint, this is a welcomed change.”
– David Clement, North American Affairs Manager, Consumer Choice Center

“This bill is a breakthrough needed to modernize Ontario’s legal system. Permitting online verification of an individual’s identity and legal documents will level the legal services playing field for all Ontarians. No matter where a person lives, when they work, or what mobility or ability challenges they may face, they will soon be able to access the same high quality legal services that are easily accessible in urban centres across Ontario.”
– Lena Koke, CEO and Co-Founder, Axess Law

“Ontario’s police leaders continue to work with the government and our partners to modernize our justice system and make it more efficient. We support the proposed legislative changes to the Civil Remedies Act, 2001 because it will simplify the processes around personal property forfeitures while also relieving the burdens on our police personnel and the court system.”
– Chief Paul Pedersen, President, Ontario Association of Chiefs of Police

“Consumers Council of Canada agrees with the reforms that have emerged from the Law Commission of Ontario consultation process and the Attorney General’s own review. This legislation is critical to access justice for Ontario residents, especially so for consumers. The Council supports the reforms designed to make class representatives and their counsel more transparent and accountable for their actions on behalf of class members.”
– Don Mercer, President, Consumers Council of Canada

Quick Facts

• Ontario’s legal aid legislation has not been substantially updated since 1998.
• Ontario’s civil forfeiture laws allow the government to take the profits of illegal activity (e.g., a telemarketing scam, trafficking of drugs or guns, sexual exploitation or forced labour) and give it back to the victims of that crime or fund projects to support victims and target criminals. The changes would simplify the process to take the profits of illegal activity from criminals.
• Ontario’s class action legislation has not been substantially updated in more than 25 years.