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June 24, 2020

42nd Parliament, 1st Session

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Hansard Transcripts

Votes and Proceedings

Orders and Notices

Hansard Transcript 2020-Jun-24 (PDF)

L170 - Wed 24 Jun 2020 / Mer 24 jun 2020

LEGISLATIVE ASSEMBLY OF ONTARIO

ASSEMBLÉE LÉGISLATIVE DE L’ONTARIO

Wednesday 24 June 2020 Mercredi 24 juin 2020

Fête de la Saint-Jean-Baptiste

Orders of the Day

Extension of emergency declaration

Smarter and Stronger Justice Act, 2020 / Loi de 2020 pour un système judiciaire plus efficace et plus solide

Members’ Statements

Michel Depratto

Developmental Service Worker Appreciation Day

Events in Burlington

Abel Mengistab

Fête de la Saint-Jean-Baptiste

COVID-19 response

National Indigenous History Month

Long-term care

COVID-19 response

Visitors

Barbara Trapp-MacBride, Andy Hooper and Lisa McGinnis

Question Period

Long-term care

Long-term care

Mental health services

Curriculum

COVID-19 response

COVID-19 response

Anti-racism activities

COVID-19 response

COVID-19 response

COVID-19 response

COVID-19 response

COVID-19 response

Curriculum

Long-term care

Reports by Committees

Standing Committee on the Legislative Assembly

Statements by the Ministry and Responses

Pride Month / Mois de la Fierté

Petitions

Documents gouvernementaux

Long-term care

Services d’urgence

Long-term care

Education

Long-term care

Anti-smoking initiatives for youth

Affordable housing

Health care

Multiple sclerosis

Orders of the Day

Smarter and Stronger Justice Act, 2020 / Loi de 2020 pour un système judiciaire plus efficace et plus solide

The House met at 0900.

The Speaker (Hon. Ted Arnott): Let us pray.

Prayers/Prières.

Fête de la Saint-Jean-Baptiste

Le Président (L’hon. Ted Arnott): J’aimerais souhaiter une bonne Saint-Jean à tous. Amusez-vous bien.

Orders of the Day

Extension of emergency declaration

Resuming the debate adjourned on June 23, 2020, on the amendment to the motion to extend the period of emergency.

The Speaker (Hon. Ted Arnott): I understand that the member for Barrie–Innisfil had the floor. I recognize her again.

Ms. Andrea Khanjin: Thank you, Mr. Speaker. As I was saying in the previous debate, the importance of democracy being an essential service and everyone who serves in this Legislature—and of course thanking everyone who makes this happen. But I didn’t get a chance to talk about our translators and our audio service that is always there to ensure that everything is recorded historically in Hansard. I do apologize for not giving you my speeches ahead of time, simply because I don’t actually have them written. Thank you for bearing with me for all times, but I wanted to let you know that.

The other thing I just wanted to wrap up on was: Locally, when it comes to really businesses stepping up, we saw many businesses being able to retool their businesses. I just wanted to quickly highlight a few: Redline Brewhouse, for instance, normally makes great craft brews, but it retooled its business to make hand sanitizer for our local Royal Victoria hospital. Since then, they’ve been able to not just supply our local hospital but the entire community with sanitizer.

The other business I wanted to highlight was Barrie Firehouse Subs, which had delivered over 100 meals to dispatch at the Simcoe county paramedics, fire, and all the fire stations. As well, they helped serve meals to the homeless via the Elizabeth Fry Society of Simcoe, which is really incredible.

Of course, Domino’s has their Essential Service Heroes, where they deliver pizzas to everyone who is on the front lines, including folks at Canadian Tire serving all residents and providing them with the essentials they may need at the hardware store.

Lastly, of course—actually, there are two more: the Innisfil community library, which retooled their library to make face shields using a 3D printer, and of course Code Ninjas. We all know that the effects of COVID-19 also affect people of all ages, including our children and their lifestyle. What Code Ninjas did was offer 100 students free coding lessons, which is really exciting and really echoes what our government is trying to do by really investing in our future generation and making sure that they achieve their full potential.

But with all of that, I did want to wrap up to wrap up. Speaker, I move that the question now be put.

The Deputy Speaker (Mr. Rick Nicholls): We have had 23 speakers and over six hours of debate. Ms. Khanjin has moved that the question be now put. I am satisfied that there has been sufficient debate to allow this question to be put to the House. Is it the pleasure of the House that the motion carry?

Interjection: On division.

The Deputy Speaker (Mr. Rick Nicholls): Carried on division.

Ms. Jones has moved government notice of motion number 82, relating to extending Ontario’s state of emergency. Is it the pleasure of the House that the motion carry? Carried.

Motion agreed to.

Smarter and Stronger Justice Act, 2020 / Loi de 2020 pour un système judiciaire plus efficace et plus solide

Mr. Downey moved third reading of the following bill:

Bill 161,

An Act to enact the Legal Aid Services Act, 2020 and to make various amendments to other Acts dealing with the courts and other justice matters / Projet de loi 161, Loi visant à édicter la Loi de 2020 sur les services d’aide juridique et apportant diverses modifications à des lois traitant des tribunaux et d’autres questions relatives à la justice.

The Deputy Speaker (Mr. Rick Nicholls): The Honourable Mr. Downey: The Lieutenant Governor’s recommendation, pursuant to standing order 57, has been received.

I will now turn it back to the Attorney General.

Hon. Doug Downey: Thank you, Mr. Speaker. I rise in the House today for third reading of the proposed Smarter and Stronger Justice Act. I will be splitting my time with my parliamentary assistant, Lindsey Park.

Ontario has undergone tremendous and unprecedented change since this bill was introduced in December. Our justice system has not been immune to that change. While my determination to update Ontario’s justice system long predates the current public health emergency, the COVID-19 outbreak has brought into focus how undeniably outdated Ontario’s justice system really is. In response to these unprecedented times, I have worked with justice partners to successfully move the system forward by decades in a matter of weeks—I’m prone to say “25 years in 25 days.”

I want to thank our partners at the Ontario Court of Appeal, the Superior Court of Justice, the Ontario Court of Justice, Tribunals Ontario, Legal Aid Ontario, the private bar, and our own front-line workers, who have shown us unwavering support in addressing the challenges that have emerged over the past few months. They have worked tirelessly to keep everyone safe and healthy while maintaining access to critical justice services. Together, we’ve been nimble and responsive to the needs of Ontarians, and will continue to follow the guidance of public health experts as communities reopen in stages and we carefully restart the economy.

Over the past few months, our government has implemented changes in the court system that many previously thought would take years to complete or were not possible at all. We are rethinking how justice is done in Ontario and addressing issues that have held us back for decades, and I have no intention of slowing down or reverting back to the old ways of doing things.

Advancing our justice system goes far beyond the physical court system and is not limited to technology. We are going to transform justice, not just automate it. It touches on many aspects of people’s lives, whether it is a visit to your local community legal clinic, getting married or dealing with estate matters after the death of a loved one.

Our justice partners have joined us in acknowledging that we must continue to move boldly forward toward a more accessible, responsive and resilient system. There is broad consensus that we can’t go back to the old ways of administering or delivering justice. The intention to update and simplify Ontario’s justice system was set in motion when this bill was introduced in December before the public health emergency, and the Smarter and Stronger Justice Act, if passed, will serve to build on the progress we’ve made over the past few months. Developing legislation that touches on so many areas of the legal system requires strong collaboration.

I would like to acknowledge the many partners whose experience, wisdom and insight have informed the drafting of this bill: the Law Society of Ontario; Legal Aid Ontario; the Association of Community Legal Clinics of Ontario; Ontario’s everyday heroes in law enforcement; LAWPRO; the Ontario Trial Lawyers Association; the Ontario Bar Association; the Federation of Ontario Law Associations; the Advocates’ Society; AJEFO; SABA, the South Asian Bar Association; FACL, the Federation of Asian Canadian Lawyers; and the Toronto Lawyers Association.

There are so many people who have been so instrumental in helping us draft this bill. Many legal groups representing our province’s diverse identities and cultural backgrounds and communities—the Ontario Paralegal Association. There are so many consumer groups, and I’m just naming a few. I really appreciate their assistance and insight and wisdom as we crafted this and moved the bill forward.

We also spoke with business owners, families, front-line staff, and practising lawyers. We talked to all of them about the need for common-sense change. What we heard over and over again is that the Ontario justice system is outdated and needlessly complex. We heard that the system can be challenging to navigate and difficult to understand, even for the legal profession, let alone the average citizen. We listened and we put forward common-sense changes that would do a number of things: simplify our complex and outdated justice system to serve people better; stand up for victims and law-abiding citizens; and provide better and more affordable justice for families and consumers.

Mr. Speaker, this is an exciting time to be driving change and innovation in Ontario’s justice system. I’ve had the opportunity to view the justice system from so many perspectives throughout my career, and Ontario did not fall so far behind overnight. That’s why our government took action to update the system. As soon as we were elected in 2018, we began the work of moving forward today. The Honourable Caroline Mulroney started a lot of this work and set us on a path towards innovation and change.

Now, more than ever, the time is right to press forward boldly with changes that will simplify and streamline processes, move services online to expand access to all Ontarians and modernize the way that justice is done in our province.

When it comes to our legal aid system, innovation and modernization is critical. The current legislation, which has not been significantly updated for more than 20 years, creates barriers to legal aid access. Throughout the development of this legislation, through first and second reading and most recently in committee, I have heard, and our government has heard, directly from many of our justice partners and legal professionals who work day in and day out in our legal aid system, and particularly our community legal clinics. They’re on the front line and they provide vital services to Ontarians.

As we have all seen, change is rapidly upon us and, by necessity, we must be adaptive. We must be responsive to change that ensures that Ontarians can access the services they need in a meaningful and sustainable way. Nowhere is the need for change more apparent than it is for Legal Aid Ontario, to enable them to adapt to the challenges of a rapidly changing demographic, economic and technological landscape.

Our proposed changes would put clients at the centre of the legal aid system and remove roadblocks that other people face, depending on the types of services they need or the region they live in. Legal aid services will continue to be offered by a mix of providers, private practice lawyers, law firms, and community legal organizations. They include the legal clinics who provide current and essential poverty law services.

Ontario’s vital legal clinics would continue to provide legal aid services as they do now. I want to be clear and unambiguous: Legal Aid Ontario will continue to provide legal aid services in all areas of law we presently provide. We offer criminal, family and poverty law. If passed, these changes will offer Legal Aid Ontario the flexibility to be more responsive to client needs, to innovate, to explore new and better ways to deliver services and to address gaps in the justice system.

It will give Legal Aid Ontario the tools it needs to break down the barriers to providing effective legal information, to provide advice and to provide representation for people, when and where they need it the most.

While the proposed legislation would give Legal Aid Ontario the responsibility for designing new rules around how it provides its services, our bill also has several checks and safeguards that will ensure that Legal Aid Ontario carries out this role in a transparent, accountable way, with a robust public consultation framework.

In order for Legal Aid Ontario to make determinations on the provision of legal services in communities across Ontario, it will need to have regard for a number of things. It will need to have regard for the foundational role of legal clinics. It will need to have regard for the foundational role of the private bar in the provision of family, criminal and poverty law. And, specifically, Legal Aid must also have regard for fact-based information that it receives or is made available. This is an essential component to ensuring that decisions on legal service delivery are data-driven and evidence-driven.

It’s right in the statute that there are foundational roles of clinics, that the evidence must be fact-based, and that the services provided will serve the communities that they’re in.

I’m also pleased to note that we also have a reaffirmed commitment to continuing the partnership with the law society in terms of our governance. So we didn’t just change the delivery of services, but how the governance is done. The history of legal aid really comes out of the law society, and it’s important that we continue to have that relationship with the practising bar.

In addition to providing the five board appointees, the law society will be instrumental in providing advice and consultation on the selection of the board’s chair. The leadership team will be strong and will have input from the practising bar.

As I stated when I first introduced this bill, Mr. Speaker, implementing new legislation, while an essential component to modernizing the legal aid system, is only one element of our broader plan. Legal Aid Ontario will continue to work closely with clinics, criminal and family law counsel, the law society and other legal ail service providers to ensure a smooth transition for legal aid clients and service providers. These reforms are critical to creating a more client-focused, accountable and sustainable system that provides high-quality legal aid services.

As part of our focus on ensuring and improving Ontario’s access to high-quality legal services, we are determined to work with the francophone community to improve access to justice in French in Ontario.

This bill contains proposals to improve the way the justice system operates every day to provide people faster, more affordable access to justice.

I am very pleased that, for the first time ever, the proposed legislation would mandate Legal Aid Ontario to consider the needs of francophone individuals and communities when it is providing legal aid services. Our government is proposing this legislative change in recognition of the importance of ensuring Franco-Ontarians can access legal services in French.

Finally, the Smarter and Stronger Justice Act, 2020, is improving the French translations in several statues, including the Law Society Act and the Canadian Public Accountability Board Act. These pieces didn’t get a lot of media attention or a lot of discussion in the House or in committee, but these are important pieces to make sure that people see themselves reflected in the legislation and in the practice of the laws of Ontario.

The Smarter and Stronger Justice Act also proposes changes to ensure members of the judiciary, lawyers and paralegals are held to the highest standard of ethics, learning and competence. Every Ontarian deserves to have full confidence in the legal professionals that represent them.

The proposed changes in the Smarter and Stronger Justice Act would provide the Law Society of Ontario with the tools it needs to continue to ensure lawyers and paralegals are held to the highest standards of ethics, learning and competence. One of these changes would increase the fine that lawyers or paralegals can be charged for professional misconduct, moving the amount from $10,000 up to $100,000. It’s a meaningful consequence for professional misconduct, and continues to bring the administration of justice in good standing, to keep it with a good reputation.

Our government and the law society are committed to protecting the public and maintaining the highest level of integrity in the legal profession, and the public should expect no less.

Mr. Speaker, we’re also proposing changes to ensure Ontario’s judicial officials are held to the same high standards. Currently—many may not know this—taxpayer dollars can be used to cover legal fees for a judicial official who is defending a judicial misconduct claim. The Smarter and Stronger Justice Act would require judicial officials who are removed from office as a result of misconduct to pay their own legal fees out of pocket, putting an end to taxpayers footing that bill. Let me just repeat that: This is rare, but if a judicial official is removed from office for professional misconduct, the province will no longer pay their legal bill.

In addition, our government is proposing changes to assure potential jurors that their privacy and security will continue to be protected. The Smarter and Stronger Justice Act proposes to no longer require juror addresses on the list of people who may be chosen to be a juror, unless a judge orders it. It’s a level of privacy that in this day and age, when so many things are electronic and move about so easily, is just one more way that we’re protecting people who interact with the justice system in a positive way.

Another concern we have heard over and over is about how small estates are handled in Ontario. I’m talking about when somebody passes away and somebody has to administer their estate. The process to administer a small estate can be confusing, and there is no difference in the process to apply for what is called probate, or the administration of an estate with an executor or without an executor—there is no difference to managing, whether it’s $50,000 or $5 million. It’s the exact same process. This entire process can require posting a bond, costing people more money than the estate is actually worth.

That’s why, in many cases, people don’t do it and the estates don’t get distributed, and that’s not fair. It’s not equitable. It’s not the kind of response that Ontarians should expect from their government, and that’s not right. We heard from Ontarians, and we’re taking action.

We are proposing to make it easier for someone to apply to manage the small estate of a friend or a loved one who has passed away. This bill would provide a simpler way to settle a small estate, easing the administrative burden at a time they’re grieving for their loved one. But we’re keeping existing safeguards in place: We’re going to protect minors and vulnerable people who have an interest in the estate. But in terms of the process, it will be much simpler.

This bill touches on a lot of practical areas of life where people interact with the system. It shouldn’t be difficult or confusing for anyone who has tragically lost a loved one to access the justice system. Unfortunately, this can happen in the rare situation where a family member has died and there are no remains to be examined. The family of Laura Babcock, whose family sat in the gallery here, painfully waited two long years before they were able to register her death. This is unacceptable. Our government moved quickly on this to assist, and we’re making changes that will be permanent.

We made changes to the death registration process to ensure that this never happens again to another family in Ontario.

Thank you to Minister Thompson, my seatmate, for speaking to this change. She spoke to this important change during second reading, and you may recall that she also spoke to the proposed changes to Ontario’s Marriage Act.

In response to concerns we heard from Indigenous communities and other key stakeholders, we are proposing to give people a greater say in who can perform marriage ceremonies. Proposed changes would allow Ontario case management masters, out-of-province judges and designated individuals from Indigenous communities to perform marriage ceremonies. These changes align with several other Canadian jurisdictions and are expected to be well received by Indigenous communities, the judiciary and the public.

I just want to break that down for a moment. What we’re talking about is who can actually perform the marriage ceremony. If you’re in Kenora or Lake of the Woods—you’re up in that part near Manitoba—and there is a judge in Manitoba whom you want to have perform the ceremony, up until now you wouldn’t be able to do that. The judge wouldn’t be able to cross that border and perform that. We’re changing that so that that’s possible.

In Indigenous communities, it’s a little bit uncertain, I suppose, in some areas whether individuals can perform marriage ceremonies. We’re making it clear that, in fact, there is now a process to do that. I know that will be well received by all parties. I’ve had conversation with some members of the NDP who are quite happy about this. It clarifies and better serves all Ontarians.

There are a lot of things in this bill that we really haven’t talked about a lot but just serve people better. We came to them with a consensus, making sure that we’re serving people in the way that they expect to be served.

The next item in this bill is something that we have talked about, and it’s something that impacts people at a very vulnerable time of their life. No matter where we live across our province, communities face a growing threat from criminal gangs who prey on young and vulnerable people. We agree 100% with law-abiding Ontarians who say that crime should not pay. But how do we turn that into action, Mr. Speaker? We want to make it harder for criminals to hold onto the dirty money that funds their heinous crimes, like trafficking vulnerable young people, or guns or drugs.

There’s no room to have them hold onto that money. That’s why we’re taking steps in the Smarter and Stronger Justice Act to stand up for victims and support the police and the prosecutors in their work on the front lines by proposing a modernized civil forfeiture system.

Ontario was once a national leader in deterring crime through property forfeiture. However, since establishing these laws in 2001, our province has fallen behind. We fell behind best practices. Other provinces have better practices than us. They’ve updated their civil forfeiture laws to keep up with the crimes that fuel gang activity and profits. Sadly and shockingly, today two thirds of human trafficking crimes reported in Canada are here in Ontario.

Interjections: Shame. Shame.

Hon. Doug Downey: That is a shame. Two thirds of human trafficking happens here in Ontario.

We need to catch up, and this is one way we’re going to do better. The legislation we have introduced will help Ontario get ahead of criminals who prey on communities for profit by taking the proceeds of crime out of their hands.

Our proposed changes would allow personal property, like cash or cars, used by criminals for illegal activities to be forfeited administratively and without a court order in an uncontested case. This would free up valuable time and resources for the police and in the courts. Our proposed changes would also create cost savings, allowing more proceeds of offences to be reinvested in direct support services for victims. They will get it sooner, and we’ll do it with less hassle.

I just want to talk for a moment about how this will actually work. If proceeds of crime, or alleged proceeds of crime, are seized—there’s a car chase, the person runs away, and we look in the back seat and there’s cash sitting there after a bank robbery. The police can seize that money and the money can be forfeited if nobody comes forward. If somebody wants to come forward and say, “Yes, I was driving that car, and that’s my money,” then we can have that conversation.

But right now, what happens is that the police will seize the money, but they can’t distribute it to victims and to support prosecutor and legal resources to go after other criminals. They have to get a court order. It costs about $10,000 to go through that process. So if you seized $5,000 in the back seat of the car and nobody comes forward—if somebody comes forward and says, “Hey, that’s my money,” we’re into the current system. There’s a whole process. They have to have proof and go through court and all that stuff.

But if nobody comes forward, the money no longer just languishes somewhere in an evidence locker. We can put that to work to go after criminals, Mr. Speaker. That’s a really important piece.

I’ve shared this excerpt of a speech made by York Regional Police Deputy Chief Brian Bigras in the Legislature before, but I’ll share it again to provide some context on the proceeds of crime that are seized by police. He said, “The value of illicit assets seized by police” each year “extends into the millions of dollars. A portion of these” illicit assets “go uncontested, meaning no one is claiming ownership” to them. This is “due ... to the criminal nature in which these ... assets were obtained.” That’s the example that I talked to him about. That kind of thing actually happens, and that money just languishes. It’s not worth spending $10,000 to get $5,000; it’s just simple math.

We’re proposing to set up a system that allows the resources to go more quickly and more effectively to the front lines so that we can help those victims of crimes, we can help those who are dealing with human trafficking and are victims of that, and we can use it for resources to not just support victims but also create a greater ability to catch these perpetrators. In addition to providing direct compensation to victims of crime, the funds will create grants for projects with a mandate of combatting crimes like human trafficking, as I mentioned. We’ll be able to share more good news on the civil remedies for illicit activity grants in the future.

The next piece, Mr. Speaker, MPP Rasheed and I had talked about at some length, and he’s spoken in the House before about this. Our government stands with victims, and we’re committed to bringing offenders to justice. It includes online harassment. With the help and advocacy of my friend and colleague from Mississauga East–Cooksville, our government saw an opportunity to provide a way for victims to sue offenders convicted of distributing an intimate image of them without their consent.

Regulation 456/96 under the Victims’ Bill of Rights has been amended to make it clear that a person convicted of a crime of non-consensual distribution of an intimate image is civilly liable for damages for emotional distress and bodily harm to the victim.

Cyberbullying is another area where human traffickers may engage in their despicable behaviours. As a result of the amendment to this regulation, under the Victims’ Bill of Rights, victims now have an opportunity to seek damages from those who have been convicted of sharing online intimate images of them without their consent. Again, Mr. Speaker, things happen quickly in the electronic world, but I can tell you that it can be devastating for somebody; absolutely devastating. The human traffickers use this. They use this like blackmail. They take pictures that you wouldn’t want taken of any of your loved ones and they use them as leverage to force people to do things.

It isn’t just in human trafficking; it also happens, in a very malicious way, sometimes in Family Court proceedings, where somebody may have taken pictures at a moment of trust; that trust is broken down, and now they’re using those images without consent to leverage for another purpose. That’s not right. With MPP Rasheed, we’ve come up with some solutions for that, to make it easier to sue the perpetrator, the person who is distributing those without consent. It’s another way to protect the average Ontarian, and the most vulnerable victims in Ontario.

In order for stronger and safer communities to thrive, we need to ensure that our citizens and job creators aren’t tied up in outdated processes to resolve legal and business issues. Taking the theory of that and making it come into action is where the hard work is. That’s why we’re proposing changes to Ontario’s class action legislation, which has not been significantly updated in more than 25 years. I don’t want to be overly partisan, but I don’t know what the Liberals were doing for 15 years, because these pieces—20 years, legal aid; 25 years, class actions. Anyway, I don’t want to go down that road because we do have consensus on so many of these things.

We talked to many justice sector partners about making changes to Ontario’s class action legislation, including more than 20 class action law firms; legal organizations like the Ontario Bar Association; advocacy groups like the Consumers Council of Canada; the Ontario Chamber of Commerce; the Law Commission of Ontario, which wrote an excellent report. Their extensive report on class actions in Ontario informed the majority of the changes that we are proposing.

The one thing that all these stakeholders agree on is that class actions are complex, and there is no unanimity in the bar on the best regime to resolve class-wide disputes. The law commission acknowledged that at the outset of their 2019 report. But our government is not afraid to make difficult decisions and tackle complex issues. When we make these decisions, we keep the best interests of all Ontarians in mind and the practical realities of the justice system.

A class action can be a powerful tool for ensuring access to justice, but only if it results in a practical, timely outcome for plaintiffs. Our proposed changes address time-consuming, inefficient barriers by ensuring that people are at the heart of a class action and by allowing class actions to be resolved faster, saving time, saving money and saving backlog in Ontario’s courts. These proposed changes bring us closer to the modern justice system we’re all working toward.

During second reading, I covered many of the changes being proposed. Here are some highlights:

Our measures will ensure that when class counsel compete to be the lawyers of record for a particular class action, these disputes are to be decided faster, in a more predictable way. We need to ensure that people are not waiting for their day in court just because there is a dispute about which lawyer should lead the case.

We’re enhancing the framework to require settlements to be fair and reasonable and in the best interest of class members. Also, we are taking measures to ensure that people have better notice about how they can collect their compensation if the case settles or if the plaintiff is successful.

We are putting in statutory measures to ensure that lawyers’ fees are fair and reasonable, and would allow the court to withhold some of these fees until the court can review how class members are compensated.

Our proposed amendments would also establish new statutory requirements related to multi-jurisdictional class proceedings, and permit the court to determine jurisdiction prior to the motion for certification. This would avoid a needless expenditure of resources for plaintiffs and defendants where Ontario is not the most appropriate forum.

We are proposing changes that would allow cases to be dismissed for delay, where no meaningful steps have been taken. It is unnecessarily expensive and time-consuming for parties to defend class actions that are dormant, if they don’t have merit or if they can’t be resolved in a reasonable amount of time. The cost of these lengthy lawsuits takes a toll on our economy.

Moreover, we’re introducing measures that put an emphasis on early motions by the defendant to narrow or dispose of a case before the certification stage.

And, Speaker, we are proposing changes to the certification process, which is often the first step in a class action, that help ensure that people in a class action lawsuit have meaningful and faster access to justice. I want to be absolutely clear: The proposed changes would not preclude individuals from seeking redress from other remedial avenues; rather, these changes would ensure that a class action is the most appropriate procedure to obtain that redress. Our proposed changes would help ensure people get faster, more transparent relief and more meaningful access to justice, and allow meritorious claims to move faster and more efficiently towards justice.

Once again, thank you to the many stakeholders who engaged in productive conversations with our office on this important area of law that needed attention badly.

Finally, Mr. Speaker, I want to talk about an important part of the Smarter and Stronger Justice Act that was moved into the COVID-19 Response and Reforms to Modernize Ontario Act, 2020, that passed on May 12. Now, more than ever, we are looking at ways to modernize the system, increase access, use technology, and help Ontarians. We had this

part in Bill 161, but we moved it forward in time so that we could get it deployed even earlier.

What I’m talking about, Mr. Speaker, is that we paved the way to verifying documents virtually. Commissioners and notaries play critical roles in the justice sector and help protect people from fraud by verifying identities in legal matters. For example, you may need a commissioner or a notary if you want to take a document and file it in court. The changes would modernize an archaic system of legal services by allowing tools to be accessed online while also safeguarding the integrity of those who provide the service.

The changes that we introduced as part of the Smarter and Stronger Justice Act but were passed earlier included amendments that allow for remote or virtual commissioning and notarizing online, an innovation in Ontario that will dramatically increase access to this vital service for many Ontarians. The change will be effective once appropriate data and privacy safeguards are put into place through regulation, which we are in the process of establishing after extensive consultation with stakeholders.

Once these appropriate safeguards are put into place, people across Ontario will be able to have important documents verified virtually. This will make life easier for people in remote areas, in northern Ontario and in rural areas. They may not be able to access a notary or commissioner in person.

These changes will also noticeably reduce the red tape for notaries and commissioners across our province by allowing paralegals to be appointed as notaries, like lawyers—also governed by the Law Society of Ontario. This will increase the number of notaries in Ontario, making it easier for people to find affordable notary services. The changes will also eliminate the need for the re-examination of notaries seeking reappointment, which is a step that currently happens that won’t be necessary.

We are the first government to introduce these measures to virtual commissioning and notarization. It is just another example of our determination to bring Ontario’s justice system into the 21st century. We started this in December, Mr. Speaker, and then COVID-19 came along. Boy, it sure showed how we need to move our system forward.

Our government has done more during our mandate to improve and update Ontario’s justice system than has been done in decades, and we have no intention of slowing down, Mr. Speaker.

Our quick action to move forward on the changes for notaries and commissioners is a perfect example of how our government provided a swift and effective response to the challenges posed by COVID-19. Over the past three months, Mr. Speaker, I’ve moved quickly to modernize the justice sector in ways we didn’t think imaginable before the public health crisis forced everyone in the sector to do things differently.

In addition to virtual commissioning and notarizing, we brought in temporary changes to allow virtual executions of wills, helping some of our most vulnerable plan their affairs when they otherwise would not have been able to.

My ministry has also been at the forefront of driving technological change, bringing changes that have been in demand for decades, and it has been our government that delivered them. We have invested in new technology to give our justice sector workers the tools they need to administer remote hearings, allowing Ontarians to see justice done on urgent matters while also ensuring that their health and safety remains the upmost priority.

These changes, and so many others, including those that I presented here today in the Smarter and Stronger Justice Act, are promises made and promises kept on the delivery of a modern and updated justice system. These changes, and many others to come, will build on the momentum we’ve experienced through the public health crisis as we pivot the entire justice sector to a new way of thinking, to a new way of doing things and to a new way of achieving outcomes.

Mr. Speaker, our world has fundamentally changed since this bill was first introduced a little more than six months ago, but the core principles and intention behind it are more important than ever. The COVID-19 outbreak has challenged our government in many ways. It also presented us with latitude to expand our examination of how the justice system operates and why processes are in place. I have often said during the public health emergency that our justice system advanced technology 25 years in 25 days.

If passed, the Smarter and Stronger Justice Act would continue to drive that change forward by making it easier, faster and more affordable for people to access justice in Ontario. I call on all members to support this bill. Through this proposed legislation and with our justice sector partners, we are creating a modern, accessible and responsive justice system that Ontarians deserve.

The Deputy Speaker (Mr. Rick Nicholls): Thank you very much, Attorney General. You are sharing your time. I will now turn it over to your parliamentary assistant, the member from Durham.

Ms. Lindsey Park: It’s a pleasure to rise in the House today for third reading of the Smarter and Stronger Justice Act, 2020. It’s a bill that’s long overdue and represents an innovative step forward towards simplifying a complex and outdated justice system. This package of reforms presented in this bill represents tangible steps towards an easier, faster and more affordable justice system in our communities.

Speaker, we need these reforms now more than ever. The COVID-19 outbreak has changed nearly every aspect of life for Ontarians. As a government, it underscored the urgent and pressing need to change and modernize across every sector of government. The justice system is no exception. While our government has long pushed for modernization in the justice system, the COVID-19 outbreak challenged us to accomplish more than we could have imagined. I’m proud to say that working in partnership with the courts, the Attorney General is implementing changes that many thought were impossible, or decades away.

Speaker, this is just the beginning. As the province begins to reopen, the Ministry of the Attorney General and its partners will be focused on moving from a paper-based justice system to a digital one. This will include video and telephone hearings, as well as expanding the types of documents that can be filed in civil justice matters and family matters. These are the very things that, when I did province-wide consultations last summer, in every part of the province, stakeholders, the public, and members of the bar identified the most pressing need for change.

Where matters can’t be addressed remotely, Ontario will be taking all necessary precautions to ensure our courthouses and courtrooms are safe and secure, in accordance with public health guidelines. These changes will dramatically improve access to justice for people across Ontario.

I would like to take a moment to thank our justice sector partners for their support, including both courts of justice and hundreds of front-line staff across the province. Since the outbreak began, they have worked tirelessly to ensure that the people of Ontario continue to access justice. I want to also mention the non-profit stakeholders in the justice system who have really stepped up in an unprecedented way to meet the rising needs through this difficult time. Access to justice is a critical service, and I want to extend my heartfelt gratitude. Their continued support will be essential as we move to implement further reforms in the coming weeks and months.

As the Attorney General noted, Ontario’s justice system has adapted to decades of change in the span of just a few months. He spoke about the conversations our government has had with front-line staff, Legal Aid Ontario, legal organizations, and the Law Society of Ontario, the regulator of legal professionals in our province. So many of these stakeholders have been key partners in the development of these proposals, and their hard work and strong support for these changes reflects our government’s commitment to building healthier and safer communities.

Our government understands that communities can’t grow to their full potential when people don’t feel safe and when job creators can get tied up in outdated processes to resolve legal and business matters. Like the Attorney General, I’m grateful for the ideas and feedback we’ve received. We have heard unwavering support for continued reform, particularly over the past few months. I heard first-hand from many justice partners, front-line staff, business owners, families and lawyers about the need for common-sense changes in Ontario’s justice system.

They have joined us in voicing their support for a more accessible, responsive and straightforward system that will continue to modernize after the pandemic is over. This bill is a major step in that direction. The Smarter and Stronger Justice Act proposes amendments that would continue that forward momentum. If passed, these changes would make it easier, faster and more affordable to access justice in Ontario.

The Attorney General, in his remarks, spoke about Ontario’s property forfeiture system and how our government is proposing to improve that system. The proposed amendments for civil forfeiture will streamline the process for forfeiting proceeds of crime, saving police time in doing their important work and ensuring that their funds support victims and law enforcement as they tackle heinous crimes like human trafficking. The changes will make it harder for criminals to hold onto the proceeds of crimes like human trafficking, which are threatening the safety of our communities every day across Ontario.

Speaker, I would like to take a moment to talk specifically about human trafficking in our province. I know that this is an issue that many members of our caucus really care deeply about and have advocated for change on. This is a crisis that our government is urgently working with survivors and justice partners to solve. As the Attorney General mentioned, almost two thirds of police-reported human trafficking violations in Canada occur in Ontario, and many of those are along with the 401 corridor, including in Durham region, the area I represent. It’s a crime that often victimizes the most vulnerable—our young people—and it is a crisis that threatens the safety of our communities.

In the past, I’ve had the opportunity to spend an afternoon with the men and women of the human trafficking unit of the Durham Regional Police Service to see the first-hand work they do, day in and day out, to fight this form of modern-day slavery that is taking place in the community. I also heard, when spending time with them, about the dangers they face while trying to rescue and protect these vulnerable—often young—women being sex-trafficked. It was an eye-opening experience, Speaker.

I encourage all members of the Legislature: If you have not yet had the opportunity to do this, if you haven’t already gone, go and meet with your local police service to see and hear the work they do and the challenges they face in the name of community safety and security. I want to thank Ontario police services, who are working on the front lines to keep our communities safe, protect victims of this crime, and bring offenders to justice. Our government is determined to address this crisis, and we’re doing all that we can to support police as they work to combat this crime.

When first announced, the proposals for a civil forfeiture system received broad support from key members of the law enforcement community. Chief Paul Pedersen, president of the Ontario Association of Chiefs of Police, said, “We support the proposed legislative changes to the Civil Remedies Act because it will simplify the processes around personal property forfeitures while also relieving the burdens on our police personnel and the court system.”

Gillian Freeman, executive director of victim services of York Region, added her support as well: “By taking away proceeds of crime and redirecting these funds to essential programs that support survivors of human trafficking, the government is sending a much-needed message. This speaks volumes to their dedication to not only deter crime but to also support those impacted by it.”

In my own community of Durham, we have seen first-hand how these proceeds of crime can be directed towards something good in the community. Last year, the Durham Regional Police Service was the recipient of a grant through this program. A little over $99,000 that they received was put to good use to help support Project Access. They were able to help fund new, specialized investigative equipment, educational materials, and subject-matter expert training to aid complex investigations involving individuals and organized crime groups, which are often behind human trafficking.

The changes proposed in this bill would help Ontario catch up with Canadian best practices by creating an administrative property forfeiture system for personal property that more effectively takes away proceeds of crime from criminals. Speaker, we’re talking about the cash, the guns, the vehicles and other property that fuel future criminal enterprises. This property, when in the hands of organized crime, puts young and vulnerable people, including young women and girls, at tremendous risk.

Moving to a modern administrative forfeiture system would not only free up the courts to deal with other matters but it would also allow police to spend less time in court and more time on the front lines maintaining community safety. A modern system would also help compensate victims sooner and strengthen the Civil Remedies Grant Program, which funds projects like Project Access in Durham, which is supporting victims of human trafficking.

Speaker, our government stands with victims, and we’re committed to bringing offenders to justice. We’re committed to standing with victims of online harassment. It should not be very difficult for people to understand that lives can be and have been destroyed by serious crimes like sharing intimate images without consent. Our government saw an opportunity in this bill to provide a way for victims to sue offenders convicted of distributing an intimate image of them without their consent. I will say that we know that the damage caused by this can be extensive.

It can affect your employment and it can affect your relationships in community organizations, so it is important that these remedies are there for victims.

We looked at what we could do to help victims fight back, and we’re taking action because it’s the right thing to do. Regulation 456/96 under the Victims’ Bill of Rights has been amended to make clear that a person convicted of the crime of non-consensual distribution of an intimate image is civilly liable for damages for emotional distress and bodily harm resulting from the distress to the victim.

Cyberbullying is a matter that our government takes seriously. It’s a tool of domestic violence and control. It’s also another area where human traffickers may engage in their harmful behaviours. As a result of the amendment to this regulation under the Victims’ Bill of Rights, victims now have an opportunity to seek damages from those who have distributed online intimate images of them without their consent. We know that victims of cyberbullying suffer unimaginable emotional, mental and physical pain, and often feel powerless. In this Legislature, it’s always a good day when we can advance initiatives that support victims of crime.

Now let me speak to the professional misconduct proposals in this bill that the Attorney General started to outline in his speech. When Ontarians need to hire a lawyer or paralegal, they should be confident that they’re hiring a legal professional who is held to the highest of ethical standards. Proposed changes in the Smarter and Stronger Justice Act would provide the Law Society of Ontario, the regulator of legal professionals in the province, with the tools it needs to continue to ensure that lawyers and paralegals meet a high standard of learning and competence.

This includes a change that would increase the fine that lawyers or paralegals can be charged for professional misconduct from $10,000 to $100,000.

When the Attorney General announced this bill last year in December, the law society treasurer, Malcolm Mercer, said: “The amendments announced by the government today respond to an evolving legal landscape. 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.”

This is the right move and the type of practical action that I know the Attorney General is determined to continue pursuing in collaboration with our justice partners, like the Law Society.

Speaker, the Attorney General mentioned the proposed amendments to modernizing notary and commissioning in Ontario. These important changes were included in Bill 190, the COVID-19 Response and Reforms to Modernize Ontario Act—that one’s a mouthful. Passed on May 12, these transformational changes will pave the way for individuals to have their documents commissioned or notarized virtually. We’re all moving virtually, it seems, on almost everything we do, so this is the type of common-sense change that COVID-19 highlighted that we need. It has received support from a broad range of stakeholders in the sector. It’s a great example of bringing innovation to the justice system.

The Attorney General said it best when he noted, “Banking transactions don’t always require a trip to the bank, and every legal transaction shouldn’t require a trip to a law office.” Our government could not agree more, and we’ve heard that this change could position Ontario as a leader in harnessing technology to improve access to justice.

“No matter where a person lives, where 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.” That was a comment from Lena Koke, the CEO of a flat-fee law firm called Axess Law.

I am proud to have a role in introducing these transformative changes that have received positive feedback. I know I have received many calls in the middle of COVID-19, responses from members of the bar and the broader community about what a common-sense change this was and that they were so happy to see it move forward.

Once Bill 190 is implemented, paralegals will be allowed to become appointed as notaries, just as lawyers can be. This is viewed by many as an essential component to making justice more accessible and affordable, including the Ontario Paralegal Association, whose president, George Brown, said the association “applauds the Ontario government for putting forward proposed changes to the Notaries Act and 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.”

Once implemented, these changes would increase the number of notaries in the province, making it easier for people to find and access affordable notary services wherever they live. I know that most members of this House can relate; we often get contacted and our offices often get contacted by constituents who need these services. Sometimes we’re in our constituency office and we’re able to assist, but we can all agree that justice services need to be more accessible than that.

The Attorney General also has spoken about the important changes our government is proposing to modernize the legal aid system in the province. When we talk about the need to update an outdated justice system, legal aid in our province is probably the most concrete example of the urgency to act. As legislators, we have a responsibility to ensure that legislation keeps up with the way the lives of Ontarians continue to evolve. In fact, that’s our central function as members of provincial Parliament.

As the Attorney General said, Ontario’s legal aid legislation has not been significantly updated since 1998, more than 20 years ago, and a lot has changed since 1998; 1998 was, in fact—I know we’ve referenced this before—the year Google was incorporated. That’s how long ago it was. Since that time, the Legal Aid Services Act has stayed mostly the same, and Legal Aid Ontario has faced challenges responding to the demographic, economic and technological changes that have taken place. After extensive and broad consultations, we’re proposing amendments that would provide Legal Aid Ontario with the tools it needs to help clients resolve their legal issues faster and with fewer roadblocks.

These 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. If this bill is passed, Legal Aid Ontario would be able to move forward with confidence in its ability to seamlessly and sustainably provide high-quality services to clients where and when they need them.

This is, of course, a complex system with many vital partners who work together each and every day to serve low-income clients across this province in every one of our communities. I’d like to applaud the collaborative approach the Attorney General has taken with the sector on developing this legislation and the support he has built among key stakeholders. In particular, I want to draw attention to the collaboration with Legal Aid Ontario, clinics across the province and other legal aid service providers in developing these proposed legal aid amendments.

David Field, CEO of Legal Aid Ontario, expressed support for this bill at the time it was introduced: “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.”

I’d also like to echo his words on the important role our community legal clinics play in delivering legal services and supports to our citizens, including in Durham region. I know the Attorney General, over the last year, has said this over and over, and visited so many of the clinics and reiterated in person what an important role these community clinics play in serving their communities. They’re often the ones that know their community best, and we’re really hoping, through this bill, to provide them with the flexibility they need to really serve their community in the way they know best.

Speaker, turning now to the proposed reforms concerning our judicial officials, Ontarians expect our judges to be held to the highest standards, but sometimes we understand that that can come at an expense to taxpayers. Currently, taxpayer dollars can be used to cover legal fees for a judicial official who is defending a judicial misconduct claim. I’m very pleased to be able to say that the Smarter and Stronger Justice Act would make changes so that judicial officials who are removed from office as a result of a complaint would have to pay their own legal fees out of pocket.

In addition to those changes, our government is also proposing changes to ensure Ontarians who participate in the jury selection process continue to have confidence in their privacy and security. We know that privacy concerns are a hot topic these days with so much of our information online. The Smarter and Stronger Justice Act proposes a change that would remove the requirement to include juror addresses on the list of people who may be chosen to be a juror, unless the judge orders it, and of course they would have to determine if that’s necessary in the case.

In addition, this bill proposes several housekeeping changes to remove irrelevant, outdated provisions in our existing legislation. This includes, as the Attorney General mentioned, removing references to provisions that no longer exist, as well as fixing errors in French translation. These are small changes, but they’re important. If passed, they would clarify the legislation so it works better for people.

I think these kinds of changes, every time we’re passing a bill through this House, while they may not be the subject that we debate the most in the House, because they’re just administrative—it’s actually a very important concept: that legislation in the province of Ontario is readable, is understandable by the average Ontarian that picks it up and reads it.

They shouldn’t have to hire a lawyer to understand what the laws in this province are, and so some of these administrative changes are with that intention, to make it clear what the law actually is, what it says, and that it’s not inconsistent with each other.

Speaker, as you know, the Smarter and Stronger Justice Act proposes amendments to more than 20 acts that would make it easier, faster and more affordable to access justice in Ontario.

I just want to jump quickly to mention some of what happened at committee between second and third reading debate. In committee, we adopted several new amendments to make this piece of legislation even more robust and to address some of the critical feedback we received since drafting the legislation. I want to mention some of the specific amendments that were in response to discussions with stakeholders and what we heard from witnesses in the committee process. Specifically, in

section 4—you can reference it at paragraph 3 of

section 4 of

schedule 16 to the bill—we added a description of poverty law. There were some questions at committee about what was included or not included in poverty law, so we wanted to make sure that was clear in the legislation. That was an example of a response directly to concerns raised in the committee process.

Another definition-related amendment we made was to the term “community legal clinic” to include clinics whose board members are persons who have a substantial interest in or association with the communities that the clinics serve. We heard this feedback from many stakeholders when we were drafting the legislation and during public hearings. We heard about the importance of maintaining, in the definition of a community legal clinic, the reference that the board of directors be comprised of members of the communities that the board serves.

As the Attorney General noted in his remarks, the core purpose and intention of this bill has not changed since it was first introduced. But it is even more pressing now to pass these changes. The COVID-19 outbreak has brought into focus the urgent need to modernize the justice system. It has also shown us how quickly we can mobilize that change when we all work together.

If passed, the Smarter and Stronger Justice Act would be removing unnecessary administrative burdens and making changes that would make it easier, faster and more affordable for Ontarians to access the justice system. I urge all members to join me in supporting a stronger, more accessible justice system for Ontario.

I look forward to the rest of the debate.

The Deputy Speaker (Mr. Rick Nicholls): It’s now time for questions and responses.

Mr. Sol Mamakwa: I’m glad to get up to ask questions on Bill 161, the Smarter and Stronger Justice Act, and be a part of Kiiwetinoong.

I see things in a very different way, by a different lens, when we talk about the equity lens and we talk about, as a First Nations person, how the structures treat people. I know that one of the things that I continue to see within the system—we need to be able to be able to respond to the structures that are there that provide the systemic racism to our people, not add barriers to justice.

But at this time, I would like just to quickly bring the attention of a few of the concerns presented by Deputy Grand Chief Derek Fox of Nishnawbe Aski Nation to the justice committee hearings. As a whole, they do not support schedules 15 and 16 as they alter and remove the safeguards that currently exist. So I ask—

The Deputy Speaker (Mr. Rick Nicholls): Thank you. I recognize the Attorney General.

Hon. Doug Downey: I’m happy to carry the conversation on beyond the one minute that we have, which makes it difficult. But in terms of what I think the member was going to address—making sure that we have the lens and the perspective of our First Nations: A lot of what we’re doing here within the bill is making sure that we’re providing services that are respectful and appropriate. So when I talked about the marriage ceremonies, that’s a piece that’s important. When we talk about being able to virtually commission and notarize from a distance, that provides a service electronically that we’re not making people have to travel. We’ll continue the dialogue, I’m sure.

The Deputy Speaker (Mr. Rick Nicholls): I recognize the member from Waterloo.

Mr. Mike Harris: Kitchener–Conestoga, Speaker. It’s very close.

The Deputy Speaker (Mr. Rick Nicholls): Kitchener–Conestoga, next to Waterloo.

Mr. Mike Harris: Right next door.

It’s great to be able to participate in debate today.

I had a pretty clear and concise question that I’d like to ask the Attorney General. As someone with young children, I think it’s really great to see that we’re taking a very proactive approach when it comes to the sharing of intimate images and there being some ramifications for people doing that without consent.

My question to you, sir, would be: What kind of consultation did you go through in this process? Who did you talk to and what was some of the feedback that you had?

Hon. Doug Downey: One of the things in the Ministry of the Attorney General that I’m very proud of is that Parliamentary Assistant Park and I use every opportunity to consult, to reach out, to get practical advice. In this area in particular, MPP Rasheed was very helpful in terms of talking about what’s happening in technology and how it’s working and not working.

We also talked to law enforcement. We talked to people who wrestle with it. We talked to some victims’ groups who had a perspective to say, “Yes, this is an important thing.” We found absolutely nobody who said that this was a bad idea—because it is about protecting our children and the vulnerable.

We consult as widely as we can. On this one, a consensus developed very early.

The Deputy Speaker (Mr. Rick Nicholls): Further questions?

Mr. Gurratan Singh: My question is to the Attorney General. Why did you choose to disregard Ontario’s leading law reform agency’s recommendations, the Law Commission of Ontario, and continue an American-style regressive approach to class actions which, applied retroactively, would have prevented such class actions like the Indian residential schools, Walkerton and more?

Why did the Attorney General choose to disregard Ontario’s leading law reform agency and continue with a regressive, American-style form of class actions which will limit access to justice and, the Law Commission wrote, will actually, given all the positives in Bill 161, still make it a bill they cannot support, given the grave attacks to access to justice?

Hon. Doug Downey: As I said in my speech, the Law Commission of Ontario’s report in 2019 was the base for the reform, and the great majority of it we did, in fact, incorporate.

I think, though, a more interesting question as we worked through that and did our consultations and talked to law associations—a very difficult, complex area. Of course, there are strong opinions based on people’s practice area, but I think the single most important question is, why didn’t the NDP file one proposed amendment to the class actions legislation portion after three days of hearings and a full day of clause-by-clause?

The Speaker (Hon. Ted Arnott): The next question?

Ms. Jane McKenna: My question is to the Attorney General as well. I was lucky enough to sub in to committee. While I was on there, we heard a lot of fearmongering by the members opposite that the proposed class action amendment will prevent—and I repeat, they said “prevent”—all current class actions from being certified, including the ongoing long-term-care litigation. Can the Attorney General please clarify for this House and the public what the actual truth is?

Hon. Doug Downey: Let me be clear: Class actions will continue in Ontario, but we need to make sure that there is a predominant interest that’s happening. It’s laid out in there; there is no question.

But we want class actions to move through the system. We want the certification to mean something. Quite frankly, there are too many cases taking too long that are getting certified and then sitting there and using resources that otherwise could be deployed for other pieces in the justice system.

I believe that we found the balance. We struck the balance, Mr. Speaker, and you will see an improved class action system if the bill passes.

The Speaker (Hon. Ted Arnott): Thank you very much.

Third reading debate deemed adjourned.

The Speaker (Hon. Ted Arnott): It being 10:15, it is now time for members’ statements.

Members’ Statements

M. Guy Bourgouin: En tant que Franco-Ontarien, j’ai l’honneur de me lever aujourd’hui pour souligner la fête de la Saint-Jean. Le 24 juin est une journée pour célébrer, pour fêter ensemble la vitalité linguistique et la diversité culturelle de la communauté franco-ontarienne.

Cette année, malheureusement, on n’aura pas la chance de se retrouver. La pandémie nous empêche, par exemple, de célébrer la 21 e édition du Festival de la St-Jean de Kapuskasing, le plus grand festival de la Saint-Jean hors Québec.

Aux francophones et aux francophiles de la province : célébrons notre vitalité, mais restons attentifs pour faire valoir nos droits linguistiques que nous avons obtenus par résistance et notre ténacité.

Bonne Saint-Jean, tout le monde, et merci.

Michel Depratto

Mr. Jim McDonell: On March 14 this year, Glengarry county lost a great sports and community volunteer. Mike Depratto touched many people with his community work.

Mike served as the Alexandria parks and recreation director from 1973 to 1999, but he began his community work in his college days when he coached the high school football team in Ottawa. After returning home, Mike coached the Alexandria Chippers and the Carnation Fastball teams for 10 years, and ladies’ softball, broomball and sponge puck teams for over 20 years. With three children in tow, he took on coaching in the Alexandria Minor Hockey Association and the girls AA hockey in Cornwall. Mike found time to volunteer with his local

chapter of the Special Olympics, and he was president of the Glengarry Soccer League, president of the Alexandria Minor Hockey Association and president of the Ottawa District Minor Hockey Association.

Somehow, Mike still found time to run a successful farm, be a long-standing member and president of the Alexandria Lions Club, chairman of Heart and Stroke Foundation for Alexandria, board member of Community Living Glengarry, chairman of the Alexandria and District Chamber of Commerce and, most recently, president of the Alexandria Junior “B” Glens and councillor for North Glengarry township.

So if you were involved in local sports, you knew Mike. During my time on the Glengarry border league and the Char-Lan Minor Hockey and Char-Lan Minor Soccer Associations, I was privileged to work with him, witnessing first-hand his ability to bring people closer together. Mike was named volunteer of the year in 1992 by the Alexandria Lions Club, honoured with the Queen’s Jubilee Medal in 2003 and inducted into the Glengarry Sports Hall of Fame in 2009.

Mike, your family, your community and eastern Ontario will miss you. May you rest in peace, my friend.

Developmental Service Worker Appreciation Day

Mrs. Lisa Gretzky: CUPE Ontario and SEIU are celebrating today, June 24, as Developmental Service Worker Appreciation Day. OPSEU members have celebrated Developmental Services Appreciation Week as well. This is a special opportunity for all of us to recognize the crucial contributions of workers in the developmental services sector who are supporting people with intellectual and developmental disabilities. On behalf of myself and the entire NDP caucus, I want to say thank you to the developmental service workers that are out there, doing incredibly hard work on a good day, let alone during a pandemic.

People with intellectual and developmental disabilities have been an afterthought in government decision-making for years. Whether the decades-long wait-list for supportive housing, ODSP rates that keep people in poverty or the consistent underfunding of developmental service agencies, both Liberal and Conservative governments have put people with disabilities last. The workers who support these individuals, day in and day out, are not being compensated or treated fairly for the invaluable work they do. They work long hours, often in multiple part-time, low-wage jobs. They are burnt out and, particularly during this pandemic, many feel neglected.

The Premier failed to make PPE widely available in congregate living settings, which compromised the safety of people with disabilities and support workers alike. We saw a horrifying situation at Participation House in Markham, where dozens of workers became sick and could no longer work, so when the outbreak began among the residents, they were short-staffed. Tragically, Speaker, people died.

We cannot repeat these mistakes. People with intellectual and developmental disabilities and the crucial workers who support them deserve so much better.

I am once again urging this government to make this a priority, not an afterthought, and invest in a truly inclusive and accessible province for all.

Events in Burlington

Ms. Jane McKenna: Last night, I joined the Burlington Chamber of Commerce virtually for their 2020 Business Excellence Awards. I was so proud of everyone last night with their willingness for change.

I want to congratulate this year’s winners: BurlingtonGreen; James John from Guaranteed Removals; Fully Promoted Burlington; Rubicon Safety; National Tire Distributors; ATS Scientific; Fern Hill School; Endress+Hauser Canada; Park Market and Refillery; Bozek Orthodontics, who did my teeth 49 years ago; CareGo Tech; Hunter Amenities, and the Royal Canadian Legion, Branch 60.

I also presented a surprise award, the heritage award—and I was honoured do so—to Don Smith of Smith’s Funeral Homes. This family-owned business has been in Burlington for over 100 years and has been operated by the Smith family since 1938.

It takes a village to raise a child. That’s why I will be excited to join Janice Robinson and the incredible team of Halton Children’s Aid tonight in recognizing nine outstanding children, youth, board members and staff.

With Canada Day just around the corner, I’m definitely looking forward to hosting Canada’s largest ribfest: the Burlington Lakeshore Rotary Club’s first-ever drive-through ribfest on July 1 at the Burlington Centre Mall.

I will be busy between now and then, doing countless deliveries of hundreds of my free Canadian flag yard signs as well.

Abel Mengistab

Mr. Joel Harden: Last week, Ottawa lost an angel who left us to be with the angels. His name was Abel Mengistab. He was 20 years old. He was a third-year student at Carleton University.

By age 20, Abel had co-chaired the Carleton University NDP club. He had served as president of the NDP riding association. He even managed campaigns in Nepean. Abel also made history. As a proud Black youth, he helped elect Rawlson King, Ottawa’s first Black municipal councillor. He took long bus rides from Nepean to make that happen, and he did the same for us in Ottawa Centre.

Abel had a gift you can’t teach: He was a happy warrior, just like Jack Layton. It’s hard to find a photo of Abel without his trademark wide smile and glowing eyes.

Jill O’Reilly, our 2018 campaign manager, said, “I want my son to be just like Abel: positive, dedicated and full of life.”

George Al-Koura, the president of the NDP in Ottawa–Vanier, said, “While the rest of us grew many more salty, Abel, you were always there to find reasons to keep your smile on.”

At times like this, Speaker, it’s hard to smile. Those who knew Abel in Ottawa and elsewhere are devastated. But for inspiration, I turn to Romans 8:18, scripture that Abel once posted to his own Facebook page: “For I consider that the sufferings of this present time are not worthy to be compared with the glory which shall be revealed to us.”

Rest in power, Abel. We love you.

Fête de la Saint-Jean-Baptiste

M. John Fraser: Je vous souhaite à tous une joyeuse Saint-Jean-Baptiste et bonne Fête nationale. Nous sommes fiers de célébrer avec nos voisins.

Les célébrations seront différentes cette année. J’espère que vous pourrez toujours célébrer avec vos proches. Joyeuse Saint-Jean-Baptiste.

COVID-19 response

Mr. Norman Miller: Over the past few weeks, I’ve been pleased to take

part in the finance committee hearings into the impacts of COVID-19 on the tourism sector. As many of you know, my wife and I ran a resort on Lake Muskoka for 30 years. We definitely had some challenging times, but never anything like this. I feel for the tourism operators, who really don’t know what to expect this year.

The committee heard from 140 presenters, including marketing groups, unions, industry associations and tourism operators, from large convention centres to family-run camps. I’m proud that our government has responded to many of the suggestions that were made.

We passed a moratorium on commercial evictions to encourage commercial landlords to apply for the Ontario-Canada Emergency Commercial Rent Assistance program. We made it easier for restaurants to create and expand a patio by waiving the need for a new licence. I’ve seen new and expanded patios at many restaurants in Parry Sound–Muskoka. For example, That Little Place by the Lights in Huntsville has created a patio, and Trestle brewery in Parry Sound has greatly expanded their patio. Patios also require municipal approval, and I know many municipalities are waiving the fees. I encourage all municipalities to do so.

I will continue to advocate for those tourism operators who have yet to be allowed to operate, including tour boats like the Island Queen in Parry Sound and the Lady Muskoka in Bracebridge, and attractions like Santa’s Village.

It’s a huge relief that much of the tourism and hospitality sector has been allowed to reopen. But even open, these operators and their employees are facing a very uncertain future. That’s why it’s so important that Ontarians support their local tourism and hospitality businesses this summer. Shop local. Eat local. Play local. And vacation local.

National Indigenous History Month

Mr. Sol Mamakwa: I rise today to speak about Indigenous History Month. This Indigenous History Month, I want to speak on the genocide committed against our communities by Canadian colonial powers. The wounds of colonialism are not healed and live today in the systemic racism that tears our communities apart and violates our human rights. I’m tired of the government’s lip service, always promising but not delivering.

From my standpoint, there is no reconciliation without justice. How can there be reconciliation when the government:

—has not reduced the number of Indigenous children in the child welfare system;

—has not reduced the number of Indigenous people incarcerated;

—has not improved food security in remote and isolated communities;

—has not properly funded mental health services to meet our needs to lessen the suicide crisis among our people; and

—has not provided clean drinking water and housing in our communities?

It seems that we are in a different Ontario. That’s why I have said that reconciliation is dead and it was dying and that governments are killing it. It is beyond the time to recognize the inherent rights of Indigenous people, to consider our voices as rights-holders in these territories and to stop excluding us from policy-making processes.

In this month and all months, I recognize the strength, resilience and hope of all Indigenous people in Ontario. Kitchi-miigwetch.

Long-term care

Mr. Randy Pettapiece: For Ontario’s long-term-care homes, COVID-19 was a time of incredible difficulty and continues to be. Tragically, some homes have failed. We’ve all heard it, and we need to fix it. But we don’t hear as much about the homes and staff who, despite everything, rose to the challenge.

In Perth–Wellington, several homes went into outbreak: Hillside Manor, Greenwood Court, Royal Terrace and Strathcona. They are no longer in outbreak. For that, we can thank the staff and administration: people who worked long hours away from their families, people who pushed themselves working way beyond their job description, people who accepted the risk, not knowing how much PPE was left or whether they might come down with COVID, people who kept coming back to work day after day.

I want to thank them at every home in Perth–Wellington. The rest of us will never fully know their contributions. I also want to thank the people and businesses who donated PPE, food or finances.

But there’s more that we can do to help. For many families unable to visit loved ones, it has been a long, tough road. We want to visit them; they want to see us too. As homes begin reopening to visitors, let’s respect the staff and follow the rules. They’re in a place for a reason: to keep staff safe and residents safe, and to keep COVID out. Now is not the time to let our guard down, but now is the time for patience, understanding and kindness. It’s the least we can offer.

COVID-19 response

Ms. Donna Skelly: I’m pleased to rise today to applaud the city of Hamilton, local business owners and restaurateurs and council for their efforts to reopen business. City council has unanimously approved many temporary shared outdoor dining districts in public spaces throughout the city, throughout the summer and throughout the fall.

It was an idea put forward by entrepreneur Jason Cassis. Since the COVID crisis began, Cassis has seen opportunities where others have seen obstacles. Hamilton’s small business community has envisioned restaurants expanding capacity by creating patios and piazzas on public spaces, including sidewalks, parking lots and roadways. Restaurants and bistros along King William Street have expanded seating capacity on to the roadway.

Thirty-two similar projects are being developed in Hamilton, and although some establishments were denied the opportunity to open due to their proximity to homes, 70 restaurants have received permits so far. Permit fees have been waived and permits have been fast-tracked. Restaurants have been allowed to extend their liquor licences into public spaces, and this is another example of our government reducing red tape.

I’m proud to say that Hamilton has taken the lead on the outdoor-dining idea, and other communities are now following suit. They allow for expanded capacity while complying with physical distancing regulations. For many, outdoor dining could mean the difference between a successful summer season or closure. I’m proud to say that the Hamilton hospitality industry has taken the Premier up on his challenge to be creative and innovative during the COVID crisis, and they are doing so successfully.

Visitors

The Speaker (Hon. Ted Arnott): I would like to draw the attention of the House to some special guests who are here in the Speaker’s gallery this morning. First is Patricia Kosseim. Ms. Kosseim is Ontario’s new incoming Information and Privacy Commissioner.

Applause.

The Speaker (Hon. Ted Arnott): Ms. Kosseim was selected by a panel of MPPs earlier this year. She took her oath of office in the Speaker’s office this morning, and she will be assuming her new role on July 1. Most recently, Ms. Kosseim has been practising law, based in Ottawa. Previously, she served over a decade as senior general counsel and director general at the Office of the Privacy Commissioner of Canada. During that period, she was responsible for overseeing a broad range of regulatory functions.

Ms. Kosseim is joined today by her husband, Ken, and daughter Emily. On behalf of the House, we wish you every success in your upcoming work and we look forward to working with you.

Also in the Speaker’s gallery is Brian Beamish, our current Information and Privacy Commissioner, whose term in office will end while the House is adjourned next week. Brian first began his career at the Office of the Information and Privacy Commissioner in 1999, as director of policy and compliance. This was followed by his appointment to assistant commissioner in 2005, where he directed the Tribunal Services Division, investigating privacy complaints and resolving access to information appeals.

In addition to overseeing the tribunal, Brian also served as an executive policy adviser, playing a key role in executing the mandate of the IPC and supporting several initiatives in the best interests of the public, such as bringing universities and hospitals under the Freedom of Information and Protection of Privacy Act and ushering in the Personal Health Information Protection Act. Brian was appointed commissioner in 2015.

Prior to joining the IPC, Brian held a number of positions within the Ontario public service, including with the Ministries of the Solicitor General and Correctional Services. He is a member of the Law Society of Upper Canada and a graduate of the University of Toronto law school. In 2016, he was the recipient of the OBA Karen Spector Memorial Award for Excellence in Privacy Law.

Brian, on behalf of the Legislative Assembly, please accept our thanks for your long public service, your exemplary work as the Information and Privacy Commissioner over the past years, and our very best wishes for a happy and healthy retirement. Thank you.

Applause.

Hon. Doug Ford: Point of order.

The Speaker (Hon. Ted Arnott): I understand the Premier wants to raise a point of order.

Barbara Trapp-MacBride, Andy Hooper and Lisa McGinnis

Hon. Doug Ford: Yes, Mr. Speaker, and thank you for the time. I want to wish a very happy retirement to three absolute champions of the OPP detail. They’ve served over 30 years. I have one champ right over there: Barb Trapp. We call her “Mama Barb.” Barb, can you pop your head in for a second? No? Just for a second. You can pop just over the top. I’m sure the Speaker won’t mind. There she is. Absolute champion.

Constable Andy Hooper: He’s not here today, unfortunately. His father passed away yesterday or the day before, and we give him our condolences.

Lisa McGinnis: I hear she does an incredible job with the bagpipes. She’s with the Lieutenant Governor.

I guess the only persons who can relate to this are the Lieutenant Governor and former Premier Kathleen Wynne. When you’re with a group of people day in and day out, and you’re literally living with these people, they become part of your family. They know your kids and your family. They know personal issues. They know pretty well everything. I’m just so grateful for my team and all the OPP officers that protect each and every one of us, so I just ask everyone in the House to please show their appreciation. Thank you.

Applause.

The Speaker (Hon. Ted Arnott): Thank you very much.

Question Period

Long-term care

Ms. Andrea Horwath: I do want to start by joining the Premier in thanking the OPP officers for their service to himself and to the people of Ontario. It’s not an easy job—that’s not a comment on you, Premier. Overall, it’s not an easy job to be an OPP officer. That’s certainly the case. I think we all know it, and we are all very grateful for the work that they do for all of us.

I also want to, on behalf of the official opposition, thank Brian Beamish for the work that he has done for us for many years and also the service that he has given to the people of Ontario.

Speaker, my first question is to the Premier. Yet another Ontarian who watched in terror while COVID-19 ravaged the long-term-care home her mother lived in joined me this morning. Tanya Cooms’s mother, Dorothy, was a resident at River Glen Haven nursing home in Sutton, a private facility run by ATK Care Group where 33 residents died of COVID-19. When she called for an update on her mother’s health, Tanya learned that over the course of the outbreak, her mother had been shuffled in and out of rooms with COVID-positive patients. Tanya is horrified that ATK group will face no consequences and soon take back control of this facility, after endangering and losing so many lives.

Why is the government bending over backwards to protect these companies who have put vulnerable Ontarians in danger?

The Speaker (Hon. Ted Arnott): The Premier.

Hon. Doug Ford: Through you, Mr. Speaker, the last thing I’m ever going to do is protect any of these companies, especially the ones that have dropped the ball. We’re going to hold them accountable, and that’s why we have an independent commission coming forward in July, and that’s the reason we have other commissions, no matter if it’s the Auditor General or the coroner’s office, and potentially the police.

If they neglected seniors and the most vulnerable in our society, these people are going to be held accountable. I’ve said it publicly, and I’ll say it publicly again: We aren’t going to protect these homes. I don’t want to paint a broad brush because, even at the peak, close to 80% of the homes didn’t have COVID. There’s always good and bad in every scenario. But I can assure you, we’ll get down to the bottom of it, and I look forward to working with the Leader of the Opposition, working hand in hand with the Leader of the Opposition, to make sure that people are held accountable and that this never happens again.

The Speaker (Hon. Ted Arnott): The supplementary question.

Ms. Andrea Horwath: Well, Speaker, after fighting to get Dorothy tested for other health concerns and seeing that she was still not improving, Tanya actually had to fight for her to get transferred to a hospital. She had to fight the home. When she asked outright, River Glen Haven simply said, “We don’t do that,” and that she had to trust that they would be able to handle it.

This is not the first time we’ve heard that families were having to fight tooth and nail to pull their loved ones out of dangerous situations in long-term care to get the help that they needed in hospitals. These homes have not only failed to protect residents from infection but, in some cases, have actually put up barriers to accessing critical care.

Why is the government so committed to protecting these dangerous and negligent homes?

Hon. Doug Ford: Well, first of all, a message to Tanya: I understand what she’s going through and the pain these families have gone through. It’s totally unfair. We’re here to fix the problem collectively, not separately. It doesn’t matter if you’re part of the orange party or the red party or the blue or green; we need to work together and come up with a system—that has been broken for years, decades.

Rather than us sitting there pointing the finger—“the last 15 years”—at these guys or them pointing it at us, work collectively, like we are doing with the federal government and we are doing with all other Premiers, including the Premier of BC, who has shown great leadership and is again a colleague—I always call him for advice; he’s a great Premier out there—so that we’re able to get a handle on these long-term-care homes. But as we all know, once COVID gets into these homes, it’s like a bushfire going through these homes. It’s extremely hard to control it.

We’re going to make sure that this doesn’t happen again.

The Speaker (Hon. Ted Arnott): And the final supplementary?

Ms. Andrea Horwath: Well, Speaker, as the official opposition, we certainly want to make sure this doesn’t happen again, and I hope the Premier’s comments indicate that he’s prepared to undertake a full judicial public inquiry, a find-and-fix inquiry, to fix the mess once and for all. That’s certainly something that I could work hand-in-hand with the Premier on.

But what horrifies Tanya and hundreds of others like her is that the Ford government insisted that their loved ones were protected when they weren’t. On April 14, the Minister of Health told Ontarians, “Rest assured if people need to be in hospital due to COVID-19 from a long-term-care home, they will be taken to hospital.” Tanya had to fight relentlessly to get her mother to a hospital. We know that families at the Orchard Villa facility were also told that hospitals would not accept their loved ones, even as they were dying in the facility.

Why did the government claim transfers would happen and then sit by while for-profit homes told their families they would not?

The Speaker (Hon. Ted Arnott): Minister of Long-Term Care.

Hon. Merrilee Fullerton: Thank you for the question. My heart goes out to everyone affected by COVID-19. When we consider the frail of the frail in our long-term-care homes, many of them have advanced care plans that they want to be treated in the home, they want to be supported in the home and their families want them to be supported in the home. Looking at the scientific evidence from across the world in determining how we manage our residents in long-term care, if the resident or their guardian or their family wants them to be moved to a hospital, that is their right, and that must be the case.

If people determine that they want to be in the long-term-care home because that is their home, that is ethical and moral ground: that we must consider the right of that individual and that family. But there was never a situation where residents would be stopped from being moved to hospital if that’s what they wished.

Long-term care

Ms. Andrea Horwath: My next question is for the Premier, but I have to say that it’s frightening and, in fact, horrifying to hear in this Legislature that the Minister of Long-Term Care is basically telling all those families, who very much experienced the fact that the homes would not transfer to hospital, that they’re lying or they’re not telling the truth. That’s completely unacceptable and horrifying. I hope that she corrects the record and takes back those disrespectful comments, Speaker.

The question is for the Premier: Again and again, families have learned that promises of the Ford government were nothing more than empty words, just like that minister just proved. This weekend the Hamilton Spectator told the tragic story of Michela Caruso. She died after contracting COVID-19 from a home care worker sent to her home by a temporary agency. The family later learned that the same temporary worker was working at a number of other facilities, including the Rosslyn retirement home, the source of Hamilton’s worst COVID outbreak.

The Premier said there would be an iron ring. Where was it?

Hon. Doug Ford: Do you know something, Mr. Speaker? There’s no one that has worked harder than our Minister of Long-Term Care—no one; no one in this whole chamber. No one was up late, till midnight at night, worrying about this, on phone calls, making sure we did have an iron ring around these homes.

Obviously, we sent the hospitals in there. We made sure that Ontario Health was in there. We made sure public health was in there. We called the military in. No one—no one—has worked harder. If it wasn’t for the Minister of Long-Term Care, it would have been a lot worse. It was terrible, what happened. Make no mistake about it; it was terrible. One death was one too many deaths.

But again, collectively, we can work together and fix all the problems that have happened over the decades, and collectively, again, we can work together and fix this problem.

The Speaker (Hon. Ted Arnott): The supplementary question.

Ms. Andrea Horwath: Well, Speaker, there was no iron ring, and we can’t work collectively if the government refuses to acknowledge their failures in protecting seniors from long-term care when we have well over 2,000 people dead after COVID-19 ripped through their homes.

In April, the Premier told families that there would be an iron ring protecting seniors, and he dismissed concerns about temporary agency workers who were exempted from restrictions on working at multiple facilities. He promised screening and oversight. He promised protection. The Caruso family didn’t get it, Speaker. Michela Caruso died as a result of that, and three other members of her family are now battling COVID-19.

What does the Premier say to families who believed his promises and are now dealing with the devastating consequences of taking this Premier at his word?

The Speaker (Hon. Ted Arnott): The Minister of Long-Term Care.

Hon. Merrilee Fullerton: Thank you for the question. Our government acknowledges the crises that COVID-19 caused in our homes, and we have listened. We have listened across the province to hear from families and residents.

We were in the process of creating a resident-centred model and overcoming the neglect of the last 15 years of the long-term care sector. This was a combined effort of Ontario Health, Public Health Ontario and many ministries, looking at everything we could do, every measure. We are in the process of moving forward, fixing what was left behind for us to deal with and the previous government’s failure, supported by the NDP.

We are looking forward to a resident-centred long-term-care system designed for the 21st century that includes community, that includes integration with acute care centres, and that includes research and academia and making an integrated system. Ontario Health, Public Health Ontario and our government have worked strenuously to support our residents in long-term care, and we’ll continue to do that.

The Speaker (Hon. Ted Arnott): The final supplementary.

Ms. Andrea Horwath: Well, Speaker, whether it’s long-term care, whether it’s home care, whether it’s retirement homes, the government has failed to keep their promises to families.

Instead of holding care homes legally accountable and revoking licences permanently, the government is protecting the companies from being responsible to the families of residents who died on their watch. Instead of pledging an end to a for-profit system where overworked and underpaid staff put themselves and their residents at risk, the Premier insists that there is no one at all to blame here. When will the Premier stop bending over backwards to protect companies that have put vulnerable Ontarians in danger?

The Speaker (Hon. Ted Arnott): Premier?

Hon. Doug Ford: I’ve said from day one that I’ll take ownership of this, and we’re going to fix this problem. That’s why, in January, we made COVID-19 a reportable disease, implemented our COVID action plan, issued three emergency orders, introduced two packages of amended regulation and announced $243 million in emergency funding to support 24/7 screening, additional staffing, enhanced cleaning and additional surge capacity.

We did over 2,800 inspections last year alone. Yes, do I agree? We have to have more inspections, rigorous inspections, and working with the homes because they have to come up along with all of us. They have to be part of the solution, too. Right now, there are 63 homes that are in outbreak, out of 626 homes. So collectively, we’re getting there. We’re far from the end, but collectively, we’re getting there. There are 252 resolved right now, so I guess the system is working to a certain degree, Mr. Speaker, when we’re seeing this movement in a positive way.

Mental health services

Ms. Andrea Horwath: My next question is also to the Premier. The tragic deaths of Ejaz Choudhry, D’Andre Campbell and Regis Korchinski-Paquet are prompting more and more calls for desperately needed changes in policing. Yesterday, the Centre for Addiction and Mental Health added their voice, saying, “Tragic outcomes ... occur when people with mental illness experience a crisis ... and are not able to get the care that they need. Racism and anti-Black racism compound these crisis interactions....

“For too long, the health care system has relied on police to respond to mental health crises in the community. Transformative change is needed to support a new way forward.”

Does the Premier agree that transformative change is needed, and if so, what does he propose?

The Speaker (Hon. Ted Arnott): The Solicitor General.

Hon. Sylvia Jones: I think this is a very important discussion for us to have, and I’m glad that the member opposite has raised it.

We have made, as a government, a commitment to invest along with the federal government $3.8 billion in mental health crisis and intervention supports. We have the first minister responsible for mental health in the province of Ontario. We made that commitment many years ago, and we are following through.

I’m going to give you just a couple of examples that talk about how when communities work together, when the police and the mental health associations work together, we get excellent results; we protect people. The Barrie police service: nearly $500,000 to support a crisis outreach and support team which provides crisis intervention to individuals in crisis by partnering a police constable with a CMHA crisis intervention specialist. These teams work, they protect our communities, and they get the individuals the help when they need it in the community.

The Speaker (Hon. Ted Arnott): The supplementary question.

Ms. Andrea Horwath: It’s not enough for the Premier and the minister to, when these tragedies occur, offer thoughts and prayers and then ignore their desperate pleas to change a system that has left too many people dead. The Premier’s condolences ring hollow when he has rolled back police oversight and has cut millions in mental health funding as well.

Interjections.

The Speaker (Hon. Ted Arnott): Order.

Ms. Andrea Horwath: Just to remind the government, they cut $325 million from mental health funding.

The world-renowned Centre for Addiction and Mental Health was clear: “Police should not be the first responders when people are in crisis in the community,” says the Centre for Addiction and Mental Health.

They were pretty clear. Does the Premier agree, and if so, what is he prepared to do about it?

Hon. Sylvia Jones: I’m not sure the member opposite actually heard some of the very specific examples that I was raising in my previous answer. I will highlight others. It’s not just about what’s happening in policing and in the solicitor general. There was $10 million announced last week in education to assist our children. The Guelph Police Services Board—over $2 million to support IMPACT mental health crisis teams that pair mental health workers with police officers.

Look, the reality is, when someone calls 911, they want help, and that’s what we’re providing. We’re teaming together with other ministries, with other levels of government, to get this done. I would love to have you on board when we’re doing this.

Curriculum

Mr. Randy Pettapiece: My question is to the Premier. Yesterday, the Premier and the Minister of Education announced a new math curriculum. I know that, for years, our students were being failed by the previous government’s discovery math curriculum. For over a decade, EQAO math scores have been falling; in fact, over half of grade 6 students failed to meet the EQAO standard in math. Can the Premier tell us how our plan is delivering on our promise to address plummeting math scores and give students the skills they need to succeed?

Hon. Doug Ford: I want to thank the member from Perth–Wellington for his great question. I also want to give a shout-out to our great Minister of Education. I’ll tell you, he’s doing—

Interjection: Letch.

Hon. Doug Ford: Yes, better known as Letch. He’s doing a great job.

I have to tell you, we have to get back to the basics. We have to make sure that we get back to the basics of science and technology, engineering and math.

I’ve told this story before, but I’ll tell you again: Before I was involved in politics, I interviewed a young gal who came in the office—university degree. And just out of the blue—I’ve never done this before, Mr. Speaker. Just out of the blue, I said, “What’s seven times seven?” She’s looking around, she grabs her phone and she was going to start—I said, “What is seven times seven?” She couldn’t answer that. That’s a university graduate. They’re relying on their phones. Back in the day—maybe I’m aging myself, Mr. Speaker, but you’re the same vintage as I am. Remember the old flash cards you used to remember?

We have to get back to the basics of math, and that’s what the Minister of Education is doing. I appreciate the work that you’re doing—

The Speaker (Hon. Ted Arnott): Thank you. The supplementary question.

Mr. Randy Pettapiece: Thank you to the Premier for that answer. I certainly remember the flash cards. My generation probably invented the flash cards.

It’s great news that the government is moving forward with these important changes. In uncertain times, it’s more important than ever to ensure that our students are equipped with the skills they need to find a good job in the new economy. The world is rapidly changing, and we need to make sure our education system is adapting and keeping up. Parents and students want an education which gives them the skills and competencies they will need in the modern economy and job market.

Speaker, I know that many parents want to be more involved in their child’s education and engage with them to help them succeed. Can the Premier tell us more about how this curriculum was developed with the input of parents and is built to help them support their children?

Hon. Doug Ford: Thank you to the member. If the people listening at home and the people here in the House think back, this curriculum hasn’t changed since 2005. What hasn’t changed since 2005? Everything is changing.

We have two choices here, Mr. Speaker: We either let our kids fall behind the rest of the world when we open up the economy—and I call it the new economy, with different ways of doing things, no matter if it’s online or technology. We’re competing. We’re competing against the rest of the world. We need our students to be number one. They’re the new trailblazers. All the graduates who are graduating today—and I’m going to say a few words through virtual video: These are our future politicians. These are our future leaders, future Premiers, future Prime Ministers.

But we have to be up and compete against the rest of the world, and that’s exactly what this new curriculum is going to do: give us a fair standing when it comes to competition.

COVID-19 response

Mr. John Vanthof: My question is to the Premier. The COVID outbreak among migrant farm workers is tragically now the biggest workplace outbreak in the province. But sadly, this shouldn’t have come as a surprise. Meat processing plants, people working in very close proximity? A hot spot.

But the Minister of Long-Term Care also identified in this House several times that the wards in long-term care, because people are so close together, are part of the problem—kind of like bunkhouses with migrant workers who have nowhere else to go when they’re sick.

Everyone knew this. You knew this. The government knew this. Yet you failed to act. Now the Premier has stated a few times that it’s the farm community that’s holding things up.

The government knew that this was a hot spot. Why has it taken you so long to act? Why have you risked the lives of the people who harvest our food?

Hon. Doug Ford: I appreciate the question. Everyone in this room supports our farmers; it doesn’t really matter what political stripe. We were able to come up with a solution. That’s amazing.

It’s amazing when you work with people and you sit down with the farmers that you really look up to. These are some of the hardest-working folks out there. We have a solution now. The farmers have agreed, along with the migrant workers, to get tested, and we have farms lined up one after the other after the other.

Actually, a farmer, the head of one of the associations, called me up and said, “I appreciate the work that you’re doing. I appreciate that we have two choices: Either we ignore it and it starts spreading and it gets into the community”—because it’s not the migrant workers’ fault. Remember, they came here and self-isolated for two weeks—

The Speaker (Hon. Ted Arnott): Response?

Hon. Doug Ford: I’ll follow up with my comments on the second round here.

The Speaker (Hon. Ted Arnott): The supplementary? The member for Essex.

Mr. Taras Natyshak: Without any details, the Premier did announce this morning that he finally, now, today, has a plan to move Windsor and Essex and Leamington to stage 2, weeks after local officials, businesses and citizens have been begging him to show leadership—the kind of leadership that we saw in British Columbia that intervened early and contained the outbreak in the migrant worker population.

Our region has undoubtedly been hit harder than others from this pandemic, and despite the lack of leadership provincially, we’ve persevered. Speaker, this is not sustainable, not for one more day. A good leader doesn’t leave anyone behind. A good leader identifies the threats early and moves the resources to where they are needed most.

Will the Premier finally commit to deploying all available resources to test, trace and contain the outbreak on farms so that all communities in Windsor, Essex and Chatham-Kent, who have sacrificed so much, can safely reopen and rebuild our economy?

Hon. Doug Ford: Through you, Mr. Speaker: I wasn’t going to mention this, but now, since he sent a missile over, I’ll tell you what the head of the association said. They named the member from Essex, without prompting from me. They named his name and said he has done absolutely nothing here—absolutely nothing. I didn’t prompt this; he actually called you out by name.

Mr. Taras Natyshak: You’re such a piece of shit.

Interjections.

The Speaker (Hon. Ted Arnott): Order. Take your seat.

The member for Essex will withdraw.

Mr. Taras Natyshak: I withdraw.

The Speaker (Hon. Ted Arnott): To the Premier, to complete his response.

Hon. Doug Ford: Thank you, Mr. Speaker. That’s the first time I’ve ever heard anything like this in the House here, honestly.

Mr. John Fraser: Oh, my gosh.

Hon. Doug Ford: It is.

But I’ll just tell you what we’ve done. We’ve been in contact with the chief medical officer. I was in contact with the mayor there, Mr. Speaker. We’ve given $15 million for the purchasing of PPE, enhanced cleaning, disinfecting and making sure we’re redesigning work stations. We will do anything to support the farmers, the workers and the people from Windsor-Essex. Thank you. They know I support them.

Mr. Taras Natyshak: You haven’t done anything.

The Speaker (Hon. Ted Arnott): The member for Essex will come to order, and the member for Essex is warned.

Mrs. Lisa Gretzky: It’s not a joke. People are dying.

The Speaker (Hon. Ted Arnott): Order.

Mrs. Lisa Gretzky: It’s not a joke. People are dying.

The Speaker (Hon. Ted Arnott): The member for Windsor West will come to order. The next question.

COVID-19 response

Mr. Norman Miller: My question is for the Minister of Heritage, Sport, Tourism and Culture Industries. The minister has been visiting communities across our province as they begin to reopen and offer Ontarians safe experiences and services. These tourist stops included a visit earlier this month to my riding of Parry Sound–Muskoka.

Unfortunately, Ontario’s tourism industry has been one of the hardest-hit since the COVID-19 outbreak began. Parry Sound–Muskoka is often cited as one of the best places to visit in Canada and in the world. Thousands of jobs in our communities depend on this tourist traffic. As a former tourism operator, I know how scary this spring has been for our owners and tourism businesses.

Mr. Speaker, can the minister update this House on her investments into tourism in Parry Sound–Muskoka and other regions around the province?

Hon. Lisa MacLeod: I would like to first and foremost thank the member for his committed leadership during this crisis, particularly for his residents but for the tourism industry and sector as a whole as he engaged on a province-wide tour—virtually, of course—for me as we studied the impacts within the ministry.

We had the opportunity to visit his community on June 14. We visited the Lake of Bays Brewery, Santa’s Village, Trillium Resort and Spa, Algonquin Outfitters, Algonquin Theatre and 3 Guys and a Stove. In fact, Speaker, it is phase 2, so people are even allowed to get haircuts in Muskoka.

Speaker, I would like to say that our government has made a significant commitment to his community. We have invested over $350,000 in marketing and tourism dollars, over $100,000 for Resorts of Ontario to market their products across the province, and we invested $81,0000 in Celebrate Ontario funding for his community—despite the fact that many of these festivals are unable to perform this year, but we want them to be here for next year, in 2021, when Muskoka comes alive again and begins to welcome the entire world back to that community.

The Speaker (Hon. Ted Arnott): Once again, the member for Parry Sound–Muskoka for the supplementary question.

Mr. Norman Miller: Minister, you’ll be happy to know I have a haircut booked for this Saturday.

I know that the minister has been fighting hard for the tourism sector and is busy promoting travelling within our province to Ontarians. I also know that the $100,000 in support for Resorts of Ontario is a much-needed investment that will be appreciated by our resort owners, who have been hit especially hard. I know that this investment will pay off. When we were in the resort business, Resorts of Ontario had the most effective marketing programs.

The minister made additional investments, both in my riding and on other tour stops across the province, that doubled down on Ontario government support and confidence in local tourism. Can the minister please expand on other measures that will be instrumental to our tourism industry, both in the interim and in the future?

Hon. Lisa MacLeod: As you know, the tourism industry and hospitality sectors in the province of Ontario are worth about $36 billion in economic activity. It has significantly impacted a number of communities, and that’s why it was important for me to make an early initial investment for hyper-local tourism of $13 million, which the member has talked about in his own community.

I also had the opportunity to join the Minister of Municipal Affairs and Housing in Gananoque to make some significant investments there, in my home city of Ottawa, down to Niagara with the member from Niagara West–Glanbrook, up to Muskoka, but also to Blue Mountain with the member from Simcoe–Grey. I’ll be going to Cambridge and Waterloo this week, as well as taking in the sights here in Toronto, to demonstrate two things. When it is safe to do so, our tourism operations and our cultural attractions are going to be safe to welcome people back, and we are going to be committed as a government to supporting this vital industry, where hundreds of thousands of Ontario jobs are relied upon.

I say this to all members of this House: It’s our job collectively to get into our communities and to lead and demonstrate that as we enter phase 2 in almost every community across this great province this week, it is safe to go to your local patio, it is safe to go to your local operation, and it is safe to stay in a local hotel because we have asked them through labour and we have asked them through health to make sure that they are accommodating those rules.

Anti-racism activities

Ms. Laura Mae Lindo: My question is for the Premier. Yesterday, the CBC reported that 45 lawyers from the Ministry of the Attorney General sent a letter to the Chair of Cabinet describing “‘countless instances’ of anti-Black and anti-Indigenous racism on the job.” I was CC’d on this correspondence. The letter paints a disturbing picture of the experiences of racialized professionals working in this government. They describe degrading comments from colleagues, including being told that they were not as qualified to do their job as their white peers.

The minister has stated that he takes this seriously, but people need more than pledges of support; they need action. Will the Premier please outline the steps that are being taken to address systemic racism in his ministries?

The Speaker (Hon. Ted Arnott): The Attorney General.

Hon. Doug Downey: Our government has zero tolerance for racism, hate and discrimination. We’re fully committed to addressing systemic racism, advancing inclusion, and achieving equity in our workplaces. This includes the elimination of all forms of discrimination and challenging the deep-rooted racism that continues to operate at all levels and in all sectors of society.

I thank the employees of the Ministry of the Attorney General for their bravery and leadership in sharing their feedback and perspective. We hear them, and we take this matter seriously. We’re taking action by engaging a third party to review the Ontario public service’s inclusive workplace policies and programs, and the President of the Treasury Board is working with the Anti-Racism Directorate and the Ministry of Government and Consumer Services on a broader review of workplace culture and systemic issues.

There is more that can be done and will be done, but I want to make clear in this House that we are committed to advancing change and progress.

The Speaker (Hon. Ted Arnott): The supplementary question.

Ms. Laura Mae Lindo: Systemic racism was a problem under the Liberals, and it hasn’t gotten any better under this government.

In 2017, reports with similar experiences from OPS workers were also released. Dating as far back as 2007, OPS employees raised issues of systemic anti-Black and anti-Indigenous racism in the government. At that time, they were promised that people would act with lightning speed to change the culture. It was only 2017 that an anti-racism policy for the OPS was developed, and OPS employees were promised anti-racism programs with measurable targets and indicators. Unfortunately, there’s no record of actual concrete change from this government.

My question is whether or not the work that has just been outlined is actually going to be public, so that OPS workers, no matter who they are, what colour they are or what their ethnic background is, will finally feel safe working in government in Ontario.

Hon. Doug Downey: Discrimination and harassment have no place in any workplace, whether it be government or private sector. We are fully committed to addressing systemic racism in all forms, and we want to advance inclusion and achieve equity in our workplaces.

We are committed to fostering a more inclusive workplace culture, free of discrimination and harassment. We have completed an independent external review of complex workplace discrimination and harassment cases—that was in 2018—and we’re taking steps to implement those recommendations. We have ensured supports and resources are available to OPS employees who face discrimination or harassment, as well as for managers to support their employees.

We’ve developed an anti-racism competency and capacity-building program to build human resources policies that ensure a more equitable, respectful and inclusive OPS. In 2018, we developed and launched the anti-racism policy to identify and address systemic barriers, and the President of the Treasury Board is working with the Anti-Racism Directorate and MGCS on a broader review of workplace culture and systemic issues.

While we are working to advance change and progress, we also know that there is more that can be done, and we are committed to that action.

COVID-19 response

Ms. Mitzie Hunter: My question is to the Minister of Finance. Yesterday, a report released by the FAO showed a stark employment decline in cities like Windsor, Thunder Bay, St. Catharines, Niagara and the province’s biggest employment region, Toronto.

Small and medium-sized businesses are the economic powerhouse in Ontario and indeed across Canada. Just this morning, I heard a seminar put on by Dan Kelly from the Canadian Federation of Independent Business that talked about how small businesses were struggling; he was presenting to the Scarborough Business Association. Now more than ever, they need support from their provincial government to hold on.

Frankly, restaurants and businesses across all sectors in every corner of this province need support, liquidity and stability. The road to recovery ahead is long. It’s not going to be a quick bounce-back