Backgrounder

February 26, 2008

The Ministry of the Attorney General welcomes the Ombudsman’s recommendations in his report released today on R. v. Wills. It has already begun implementing the recommendations of the Ombudsman, with four complete or underway.

• Ombudsman recommendation: Attempt to have the legal bills submitted in the Wills case analyzed. 

  Ontario's response: Implemented. The ministry is asking the court to review Wills’ legal bills to determine whether some of the public funds paid for his defence should be returned.

  If the assessor determines parts of the bills are not justified, they could order counsel to reimburse the ministry.

• Ombudsman recommendation: Investigate all opportunities to recover public funds spent on the defence and take any available action. 

  Ontario's response: Implemented. The ministry is suing Mr. Wills to recover the public funds spent on his defence.

• Ombudsman recommendation: Establish a law to govern court orders for publicly funded defence counsel. 

  Ontario's response: Since December, a protocol has been in place that sets out the duties and responsibilities of the Ministry of the Attorney General and Legal Aid Ontario (LAO) in the circumstance when a judge orders the ministry to fund the defence of an accused person who is not receiving legal aid.

  The protocol is fully implemented and formalizes the policies and procedures used in these situations.

  The ministry shares the Ombudsman’s goal of ensuring that the protocol is followed and is considering recommendations on the best way to achieve that goal.

• Ombudsman recommendation: Change the law to allow LAO and the Crown to ask a court to examine asset transfers when considering a funding order, and to allow the Court to void such transfers and apply the proceeds of sale to funding the defence. 

  Ontario's response: We are considering this recommendation.  Several laws already provide for court review of asset transfers in relation to the claims of creditors.

  These statutes include:

• Ombudsman recommendation: The Ministry of the Attorney General is to give the Ombudsman progress updates every six months. 

  Ontario's response: The Ministry of the Attorney General will report its progress to the Ombudsman every six months.

• Ombudsman recommendation: The government is to give the Ombudsman progress updates every six months. 

  Ontario's response: The government will report its progress to the Ombudsman every six months.

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