News Release

Attorney General Responds To Ombudsman's Report

McGuinty Government Acts On Recommendations

February 26, 2008

News

TORONTO — The McGuinty government is building on actions already taken to safeguard public funds as outlined in the Ombudsman’s report on criminal defence funding in R. v. Wills. 

The government has already begun implementing the recommendations of the Ombudsman, with four complete or underway.

Today Attorney General Chris Bentley announced two new actions following the Ombudsman’s recommendations:

• Asking the court to review Richard Wills’ legal bills to determine whether some of the public funds paid for his defence should be returned
• Launching a lawsuit against Wills to recover public funds spent on his defence.

“We’re building on the measures we’ve already put in place by acting quickly on the Ombudsman’s recommendations,” said Bentley.  “We have taken the necessary steps to ensure public funds are spent effectively.”

In December, the ministry and Legal Aid Ontario finalized a protocol ensuring the careful and effective use of public funds whenever a court orders the ministry to fund the defence of an accused.  The protocol includes provisions enabling an independent third party with expertise in criminal proceedings to review, monitor and assess legal bills, where necessary.

In his report, the Ombudsman commends the ministry and Legal Aid Ontario on the protocol and notes that the ministry “acted swiftly” to respond to the issues.  While noting that the protocol is “praiseworthy,” the Ombudsman recommends that the ministry take steps to ensure that the protocol is followed.  The ministry shares the Ombudsman’s goal and is considering recommendations on the best way to achieve that goal.

The ministry is also:

• Supporting Legal Aid Ontario as it refines and enhances the way it manages big cases
• Working with Legal Aid Ontario to improve accountability with an early warning and rapid response system to ensure the effective oversight the public expects.

In addition, the ministry is also awaiting the results of a review led by Professor Michael Trebilcock on ways to strengthen Ontario’s legal aid system.

Contacts

Sheamus Murphy
Minister's Office, 416-326-1785

Brendan Crawley
Communications Branch, 416-326-2210

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