News Release

For Immediate Release
October 27, 2005

Bill Would Establish Greater Openness, Transparency And Accountability

TORONTO — The McGuinty government is further modernizing and improving access to the justice system under new legislation introduced today, announced Attorney General Michael Bryant.

"We are proposing several initiatives in the Access to Justice Act that, if passed, would provide greater openness, transparency and accountability," said Bryant. "The legislation would also bolster public confidence in the justice system."

The Access to Justice Act would reform the justice of the peace system and regulate paralegals. It would also amend the Courts of Justice Act and the Limitations Act, and create a new act that would be a single source for rules about Ontario's laws.

"We commend the Attorney General for introducing this major legislation," said Linda Rothstein, president of the Advocates' Society. "The bill is a major step forward in bringing greater transparency and accountability to Ontario's justice system."

"The wide scope of this legislation would modernize many aspects of our laws, and make the justice system much more effective," said Orm Murphy, Chair of the County and District Law Presidents' Association.

If passed, reforms to the justice of the peace system would ensure a more open and transparent appointment process, and establish minimum qualifications.

The reforms would introduce increased flexibility for the court in scheduling justices of the peace. For example, per diem justices of the peace could be dedicated by the judiciary to specific matters, such as Provincial Offences Act proceedings, including traffic ticket charges.

Instead of having to go to provincial offences court, an amendment to the Provincial Offences Act would permit alternatives for resolving municipal by-law disputes, such as parking infractions.

Another amendment could permit witnesses to be heard by electronic means, for example video conferencing. Police officers would not necessarily be required to attend in person in court for Provincial Offences proceedings, including traffic ticket charges. This would allow for more efficient use of police officers' time.

The Access to Justice Act would also regulate paralegals by giving consumers a choice in qualified legal services while protecting people who get legal advice from non-lawyers.

The Law Society of Upper Canada, which has extensive experience and the ability to regulate professionals providing legal services, would regulate. Paralegals would also have a prominent role in their regulation by the Law Society through a paralegal standing committee. The Law Society would also set out requirements for grandparenting in their bylaws.

Amendments to the Courts of Justice Act would, if passed, make the justice system more open and transparent, and provide greater accountability to the public for the administration of the courts. For example, the amendments would require the publication of an annual report on the courts.

The Limitations Act would be amended to promote a healthy business environment, by allowing businesses the flexibility to set their own limitation periods that are either longer or shorter than those set by the current statute. The bill would also allow potential litigants to extend limitation periods to promote the settlement of disputes out of court.

The Access to Justice Act would also create a new act, the Legislation Act, which would be a single source for rules about Ontario's laws. It would increase access to justice by bringing the way laws are made and interpreted into the electronic age.

Currently, the government publishes its statutes and regulations online through e-Laws, although electronic versions are legally unofficial. The new act would make e-Laws official, since the public, lawyers and judges have come to rely on them. The amendments would also specify how laws are published, used and cited.

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