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February 19, 2020

42nd Parliament, 1st Session

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Hansard Transcripts

Votes and Proceedings

Orders and Notices

Hansard Transcript 2020-Feb-19 vol. Array (PDF)

L143 - Wed 19 Feb 2020 / Mer 19 fév 2020

LEGISLATIVE ASSEMBLY OF ONTARIO

ASSEMBLÉE LÉGISLATIVE DE L’ONTARIO

Wednesday 19 February 2020 Mercredi 19 février 2020

Notice of reasoned amendment

Orders of the Day

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

Private members’ public business

Wearing of jersey

Members’ Statements

Children’s mental health services

Ontario budget

Affordable housing

Long-term care

Tenant protection

Kindness Week

Health care

Public transit

Challenger Baseball

Skilled trades

Private members’ public business

Legislative pages

Introduction of Visitors

Question Period

Anti-racism activities

Community safety

Indigenous affairs

Employment standards

Infrastructure funding

Education funding

Education funding

Licence plates

Assistance to persons with disabilities

Transportation infrastructure

Public transit

Public transit

Public transit

Transportation infrastructure

Children’s mental health services

Private members’ public business

Reception

Introduction of Visitors

Statements by the Ministry and Responses

Ontario Heritage Week

Motions

Consideration of Bill 168

Petitions

Driver education

Long-term care

Public services

Eating disorders

Autism treatment

Documents gouvernementaux

Northern health services

Long-term care

Education funding

Long-term care

Veterans memorial

Education funding

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): Good morning. Let us pray.

Prayers.

Notice of reasoned amendment

The Speaker (Hon. Ted Arnott): Before I call orders of the day, I beg to inform the House that, pursuant to standing order 74(b), the member for Timmins has notified the Clerk of his intention to file notice of a reasoned amendment to the motion for second reading of Bill 171,

An Act to enact the Building Transit Faster Act, 2020 and make related amendments to other Acts. The order for second reading of Bill 171 may therefore not be called today.

Orders of the Day

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

Mr. Downey moved second 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 Speaker (Hon. Ted Arnott): I will look to the Attorney General to lead off the debate.

Hon. Doug Downey: Good morning, Mr. Speaker. Thank you very much. I am pleased to stand in the House today to open debate on a bill that would, if passed, make it easier, faster and more affordable for people in Ontario to access the justice system. I will be sharing my time with my colleagues the Minister of Government and Consumer Services and the parliamentary assistant to the Attorney General.

But before I begin, I want to thank the many justice partners whose input and perspective represents one of the driving forces of a bill that is long overdue.

Our government is proposing more than 20 sensible legislative improvements through the Smarter and Stronger Justice Act. These improvements reflect our government’s determination to work with justice partners to build safer communities, where people and job creators aren’t tied up in outdated processes to resolve their legal and business issues.

Collaboration and consultation are priorities for me in my work as Attorney General, and these proposals reflect hundreds of conversations with front-line staff, practising lawyers and others about the need for common-sense change.

We met with partners including the Law Society of Ontario, Legal Aid Ontario, the Association of Community Legal Clinics of Ontario, Ontario’s everyday heroes in law enforcement, the Ontario Bar Association, the Federation of Ontario Law Associations, the Ontario Trial Lawyers Association, the South Asian Bar Association, the Canadian Association of Black Lawyers, LawPRO, the Ontario Paralegal Association, various consumer groups, and many, many others. It was a wide consultation, and the feedback was critical to landing this bill just right.

We heard loud and clear that people are struggling every day to navigate a system that even lawyers are challenged to understand, and often during an important and stressful time in people’s lives. Mr. Speaker, Ontarians have spoken, and we have listened. We are committed to make it easier, faster and more affordable for justice to be done in the province of Ontario.

If passed, the Smarter and Stronger Justice Act would simplify a complex and outdated system, help Ontarians stand up for victims and law-abiding citizens and provide better, more affordable justice for all.

With regard to online commissioning and notarization, modernizing and innovating are key priorities for the government. There are so many opportunities to update what has been a sadly outdated legal system, and today we are happy to be discussing some common-sense steps in the right direction.

But before I begin, with one of the key innovative changes we are proposing, Mr. Speaker, it’s important to put context to note that Ontario’s current system of verifying documents through notaries and commissioners is stuck in a pre-technology stone age. That’s why we are proposing to pave the way to allow Ontarians to verify and commission documents online.

Most people today are able to complete a variety of simple tasks online or through an app on a mobile device. Consider simple banking transactions, for example, or signing a document to rent a property. These things happen every day, and yet you cannot do it in the justice system.

People expect the same level of convenience when they interact with our legal system, and notarizing documents is an excellent example of where we can modernize an out-of-date process while still ensuring the security and integrity of an individual’s data. This will make life easier for people in northern Ontario and in rural or remote communities. Many people in those areas can’t afford to get to where they need to be to sign documents, or it’s terribly inconvenient. And there’s no need for it, Mr. Speaker. Quite simply, with modern technology, we should be harnessing the best that we can do, and Ontario should be on the forefront of this kind of technology.

By adapting best practices from other jurisdictions, we see an immense opportunity for this bill to help Ontario emerge as a technology leader in Canada, not just in the legal sector but in how we practise our businesses. Mr. Speaker, we’re taking best practices not just from Canada but from North America. This is happening in other jurisdictions, and Ontario needs to catch up and get ahead.

Certainly, with change and modernization comes the responsibility to ensure that an individual’s data is safe and secure. My ministry will be consulting with key stakeholders on how we can design a system that successfully balances the need for security with the convenience offered by this transformative change.

Should this legislation pass, and with the regulations that would follow, people across Ontario will be able to go online to do a whole variety of things—something as simple as gifting a vehicle to a family member. When you’re transferring a vehicle from a parent to a child as a gift, you have to have a document signed to take to the government, to ServiceOntario. That document has to be signed by both parties, it has to be commissioned, meaning as a sworn document, and then transported to ServiceOntario. And where do you get a document commissioned now? There are only a certain number of places you can do it.

At the moment, you have to go to a lawyer’s office, or you have to—if the clerk of a municipality is willing to do it. It’s very restrictive.

We want to move that to an opportunity for online, so it’s convenient for people and they can get things done when they need it in a convenient way. That’s how business should be done in the province of Ontario. I look forward to reporting back on this in the coming months.

Another area that came to our attention when we were talking to people who were accessing the justice system is small estates. It has been ignored for far too long. I’m not sure why, but it’s one that, when we’re looking out for people in Ontario who are trying to interact with the justice system, we’re trying to find ways to make life more affordable and easier. This area plays a role in many people’s lives, and it’s known as probate. It’s being appointed as an estate trustee to administer an estate. It’s a complicated way of saying “probate.” It’s when one of your loved ones or friends has passed away and you need to move their assets through the estate into the beneficiary’s hands.

I’d like to take a moment to talk about the current process that someone needs to go through to act as an estate trustee to administer an estate. The current process can be very confusing. You have go to a lawyer, you have to swear documents, you have to catalogue everything and you have to apply to court for probate. About 50% of the estates that happen in Ontario go through this process; they go through probate. They go through a court process where a judge signs off. It’s cumbersome, it’s expensive, and the current process can be confusing. It’s complicated and costly in what’s already a stressful situation.

You’re already in a position where people are grieving their loved one, and now they’re having to go through red tape and all sorts of complications with the court system.

Currently, estate trustees who are required to apply for probate to administer the estate of a loved one have to follow the same process whether the estate is $50,000 or $5 million. It’s exactly the same. Maybe that’s because the system was built for the people administering the system instead of the people who were using the system. Well, that’s changing, Mr. Speaker. This entire process, which can even require posting a bond—can you imagine posting a bond for a $50,000 estate? That’s what it is at the moment. It does happen; it can end up costing people more than the estate’s total value.

And so what do people do? People just don’t do it, and those assets don’t get transferred. That’s just not right. Many small estates aren’t distributed each year. It’s not right and it’s not fair.

If passed, this bill would provide a simpler way to settle a small estate, easing the administrative burden on those who are grieving passed loved ones while still keeping safeguards in place to protect minors and vulnerable people who have an interest in that estate. This is another example of where we have heard from Ontarians and we are taking action.

Taking action is what the Smarter and Stronger Justice Act is all about, Mr. Speaker. Ontarians are unified in their desire for government to take action against criminals who use money for illicit activities to fund more crime and to take action to support victims and vulnerable members of our communities. We are working with justice partners, including the heroes in law enforcement, and the police services, of course, to stand up for victims and to hold offenders accountable for the lives they shatter.

I just want to pause there for a moment, Mr. Speaker. The focus is on the victims. The focus is on the people who are on the receiving end of illicit activities and violent crime. It’s not just the individual victims; it’s the victims’ families: their children, their parents, their spouses, their loved ones. When criminals are allowed to profit from their illegal activity, it affects society in a ripple effect, in ways that it shouldn’t. It makes communities feel unsafe, and we need to put a stop to it.

That’s why we are taking steps, in the Smarter and Stronger Justice Act, to stand up for victims, to support police and prosecutors in their work on the front lines and to protect people and communities by proposing a modernized civil forfeiture system. We agree 100% with law-abiding Ontarians who say that crime should not pay. We want to make it harder for criminals to hold on to the dirty money that funds their heinous crimes like trafficking vulnerable young people, dealing in drugs, dealing in guns—any variety of ways that they’re scaring people, making them feel unsafe in their communities or directly victimizing them. We have to stand up for these individuals.

Ontario once led the nation in deterring crime through property forfeiture. However, Ontario has since fallen behind. Other provinces developed and adapted new best practices to update and expand their civil forfeiture laws. The Smarter and Stronger Justice Act would create a new tool to get ahead of the criminals who prey on our communities for profit.

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 uncontested cases. York Regional Police Deputy Chief Brian Bigras said it best when he explained why modernizing and simplifying laws around civil asset forfeiture will benefit the justice system and victims of crime. 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 due ... to the criminal nature in which these ... assets were obtained.”

Mr. Speaker, we would continue to use these seized funds to directly compensate victims of crime and also provide grants to projects with a mandate of combatting crimes like human trafficking. There is no reason why these assets seized during illegal activity should not go back to help victims of crime and to help prevent future crime. I’m very proud of this piece.

The Stronger and Safer Justice Act touches on a broad range of areas in our justice system—as I mentioned, over 20 changes. But there is nowhere more in need of updating—well, I said at the beginning that we need safer and stronger communities to thrive. We also need to ensure that our citizens and job creators aren’t tied up in outdated processes to resolve their legal and business issues. This commitment is reflected by our determination to modernize the justice system.

It also extends to Ontario’s outdated class action legislation. The Class Proceedings Act has not been significantly updated in more than 25 years. As a result, the act is not always reflective of the current realities of class actions and the players within them.

A class action is a civil lawsuit brought by one representative on behalf of a larger group of people to resolve common or similar issues in one single proceeding. The result of that proceeding binds everyone in the group, unless they opt out. Class actions in Ontario are guided by three principles: access to justice, judicial economy, and behaviour modification. I’m just going to recap that again. Three things drive class actions: access to justice, judicial economy, and behaviour modification.

Over time, class actions have changed significantly in terms of complexity and volume, not only in Ontario but across Canada. The influx of class actions has resulted in major financial and resource implications not only for the court system but also for the class action bar and the business community. We consulted with all of these players and many others as we explored amendments that would ensure the legislative framework reflects today’s realities.

I want to thank the many stakeholders who met with me, my staff and my parliamentary assistant over the course of the fall of 2019 and this winter to discuss these important reforms, which include 20-plus plaintiff and defence class action law firms; legal organizations like the Ontario Bar Association, who held a round table for us; advocacy groups like the Consumers Council of Canada and the Ontario Chamber of Commerce; industry groups in automotive, banking, insurance and pharmacy; litigation funders and many others, as we consulted widely on this far-reaching legislation.

Another key stakeholder that I met with was the Law Commission of Ontario, which issued an extensive report last summer on class actions in Ontario. The law commission’s class actions project and final report resulted in more than 40 recommendations on how to reform the class action legislation and related policies. I am proud to announce that we are fully or substantially adopting many of the law commission’s recommendations that we can act on.

While there are many I could speak to, in the interest of time, I would like to highlight only a few. As I mentioned before, it often does take years for class actions to work their way through the court system. I’m going to speak about the timing of certification motions and the mandatory dismissal for delay. Not only does this use valuable court resources, but there are also significant financial and reputational risks for Ontario businesses. It is expensive and time-consuming for businesses to defend class actions that are dormant, that don’t have merit, or can’t be resolved in a reasonable amount of time.

The cost of these lengthy lawsuits impacts shareholders, employees and consumers, and ultimately our economy. We are proposing changes that would allow cases to be dismissed for delay where no meaningful steps have been taken.

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

With regard to carriage, when class counsel compete to be lawyers of record for a particular class action, the proposed amendments would allow those disputes to be decided faster and in a more predictable manner. This process allows the court to select the most effective lawyer for class members, lawyers with a track record of obtaining results. If the amendments are enacted, a carriage motion—meaning deciding which lawyers will proceed—would have to be brought within 60 days of the commencement of the first action, and no appeals would be allowed. This will ensure that people are not waiting for their day in court just because there is a dispute about which lawyer should take the case.

Multi-jurisdictional class actions: We are establishing the tools that the courts need to decide whether Ontario is really the preferable forum in which to resolve the claims of some or all of the members of the proposed class. If there are competing cases in other provinces, this matters. Under the proposed amendments, the court would also be permitted to determine jurisdiction prior to the motion for certification, which avoids a needless expenditure of resources for plaintiffs and defendants where Ontario is not the most appropriate forum.

With regard to settlement approvals and distributions, we are enhancing the framework to require settlements to be fair, reasonable and in the best interest of class members. Also, we are taking measures to ensure that people who are in a class action have more information and better notice about how they can collect their compensation if the case settles or if the plaintiff is successful.

The proposed amendments would also add new evidentiary requirements to ensure the courts possess all relevant information for the purposes of approving a settlement. We are proposing these changes because the data available shows that, generally, a low percentage of people in a class action actually collect their compensation. We are proposing measures that fill that information gap and enable more class members to benefit from a settlement or award. Under the proposed amendments, the courts and public would now be provided with the actual numbers of class members who receive compensation and the efforts made by all parties to ensure that settlements or awards are distributed.

Cy-près: On the note of cy-près, our government is taking measures to ensure that class members receive better compensation following a settlement or award. For those who may not know, cy-près awards are damages or settlement funds that are paid to a third party, usually a charity or foundation, as opposed to class members. Where there are more settlement funds available than class members are taking up and those funds aren’t set to revert back to the defendant, courts often make a cy-près award to a charity.

Often judges have no legislated guidance as to how to make these very substantial awards, and that can result in millions of dollars being distributed to organizations that do not benefit the class. For example, the Bre-X settlement resulted in single class members diverting millions of dollars to their own personal causes. That did not benefit the class at large. What we’re doing is proposing measures to impose some discipline and transparency into these awards.

Lawyers’ fees: Under the current legislation, whether or not class members are being adequately compensated, the lawyers who helped the class members are being paid. The proposed changes would ensure lawyer fees are fair and reasonable, and would allow the court to withhold some of those fees until the court can review whether the lawyer’s efforts to distribute compensation to class members was adequate.

With regard to third-party funders, many people may not realize that class actions can be funded by a third party—someone who is not a party in the case. There are currently no statutory rules about when and how third-party funders should be permitted. We are establishing transparency and putting in safeguards to ensure that third-party funding agreements have proper oversight to ensure that class members’ interests are protected.

All of these proposed amendments I just described have been widely supported by stakeholders on both sides of the issue. But like the law commission noted in its report about its own recommendations, “Many of our recommendations will be controversial. This is not surprising. Class action discussions are often polarized and appear to be influenced by stakeholder interests and perspectives.”

I want to speak about certification and preferable procedure. With that said, there’s one proposal that I would like to talk about at greater length. Certification is a stage early in the class action. Through the certification process, the representative plaintiff, who is representing everybody else, has to satisfy the court, among other things, that a class action is the most preferable procedure for the resolution of the common issue. The law commission recommended improving the certification proceedings by “encouraging courts to interpret ... the ... certification test more rigorously.” I agree with that recommendation.

Mr. Speaker, I can tell you this: The courts have interpreted the certification language in the Class Proceedings Act for the last 25 years. They have 25 years of binding precedent. Courts cannot simply ignore that precedent to make certification more rigorous without amendments to the statutory language, no matter how many people encourage them to do so. So we decided we needed to propose very measured amendments to the language in the certification text to achieve this goal.

There are a lot of entrenched stakeholders in the class proceedings world. Some wanted the status quo. Others implored us to propose a test that would require the court to consider, at the certification stage of the proceeding, whether the plaintiff’s case had a reasonable prospect of success. Those people, largely from the defendant side, noted that we could avoid spending significant court resources on cases that have no reasonable prospect of being resolved in favour of the plaintiff if the court considered this question early in the proceeding.

But we opted for a more nuanced change. We are proposing an amendment to the sub-criteria to certification related to determining whether a class action is the preferable procedure by requiring the court to consider whether the plaintiff can establish that (

a) resolving the common issues on a class-wide basis is superior to all reasonably available means of determining the entitlement of the class members to relief or addressing the impugned conduct of the defendant, and (

b) the questions of fact or law common to the class members predominate over any questions affecting only individual class members.

So why make these changes to certification? It makes no sense to me to give potential plaintiffs a door to the court system through a class action on behalf of hundreds or thousands of people, when we know most of those people don’t know they are even part of a class, but the process to get any relief takes years upon years or does not result in anything at all, yet those hundreds or thousands of people will be bound by the decision. It just isn’t fair. A class action can be a powerful tool for ensuring access to justice, but only if it results in a practical outcome for plaintiffs.

On the point of superiority: Looking at the proposed superiority requirement, it would require the court to consider whether resolving the matter as a class action is superior to all reasonably available alternatives. That means that where plaintiffs should be compensated, the court would need to ensure that the class action is the best mechanism to do so. This means the court should consider all potential mechanisms of resolution, including inside and outside of the courts.

There’s no point in dragging parties through a lengthy and expensive class action where there is another compensation regime or relief mechanism, or some other form of relief available to the plaintiffs, including when voluntarily established by the defendants.

For example, where a class action is proposed in respect of a faulty product, perhaps the proceeding could be avoided altogether where the manufacturer, as a prospective defendant, agrees to recall or repair or replace the product. Or perhaps a data breach dispute can be resolved by ensuring that credit monitoring and identity theft protections are offered by the defendant to the perspective class in lieu of undergoing costly and timely litigation.

It is my expectation that this amendment, if enacted, may actually incentivize prospective defendants to establish voluntary compensation regimes or protocols, make recalls or find other creative ways to ensure prospective plaintiffs get compensation faster and in a more efficient fashion than they would through a class action proceeding.

On the point of predominance: The second proposed amendment with respect to whether the common issues predominate is designed to ensure that if a class action does proceed to trial on the common issues, the common issues meaningfully advance the cases of the class members. We want the court to consider whether the determination of the issues that can be resolved on a class-wide basis won’t leave the class members with daunting individual issues to be resolved.

Where the common issues don’t predominate, there may be other ways to advance plaintiffs’ legal cases without engaging in the cumbersome class proceedings regime. Test cases in joinder actions remain underutilized tools to resolve matters.

Some have commented that our proposed change to certification will shift the certification stage strongly in favour of defendants and move toward the approach to certification in the United States under rule 23 of the Federal Rules of Civil Procedure. We have also heard that these amendments will prohibit the most worthy of cases from being certified. There are a number of key reasons why I believe proposed changes will not have this chilling effect.

First, the Supreme Court of Canada has long recognized that the fundamental goal of class actions and class-action legislation in Canada is to promote access to justice, judicial economy and behaviour modification. The American class action regime arose in a different legal context. When the courts consider Ontario’s proposed amendments to the preferable procedural analysis, they will continue to have these three paramount considerations in mind.

Second, the courts have held that the evidentiary standard in Ontario for the preferable procedure provision in certification is “some basis in fact.” That’s a very low evidentiary standard that is even lower than a balance of probabilities. The courts will continue to use the established evidentiary standards applicable to class proceedings for interpreting these proposed provisions. What we are seeking to achieve is a recalibration, or greater balance to the certification process.

Third, the court will have to determine what exactly “predominant” means. We envision this to be a qualitative and not a quantitative standard. The courts currently interpret the common issues component of the certification test to mean that proposed common issues must constitute a substantial ingredient of class members’ claims. This is a proposed change in the degree of weight to be given to the common issues.

Fourth, Canadian jurisprudence also discourages the assessment of conflicts and evidence at the certification stage, which is a common feature in many American class actions. In that way, as well, the ability of a defendant to defeat certification on a predominance or superiority standard may be circumscribed as compared to the regimes south of the border. With the foregoing in mind, it is a false assumption that our proposed change will have a negative effect on class actions in Ontario.

Mr. Speaker, to put it plainly, the current system is outdated, slow and doesn’t always put people at the centre of class actions in Ontario, and this needs to change. Our proposed changes to certification prioritize the interests of Ontarians by allowing meritorious claims to move forward more quickly and efficiently, and ensuring people receive faster, more transparent relief and more meaningful access to justice.

The final item I would like to speak to today is our proposed changes to Legal Aid Ontario legislation. It’s one of significance to the justice system that can’t be understated. I have had the pleasure of hearing directly from so many of our legal professionals who are working every day in our legal aid system, and from our community legal clinics who play such a vital role in providing these very important services. Nowhere is innovation and modernization more important than in our legal aid system.

Ontario’s legal aid legislation has not been significantly updated since 1998, more than 20 years ago. Although a lot has changed since then, the Legal Aid Services Act has stayed mostly the same, and Legal Aid Ontario has been unable to adapt to the challenges of a rapidly changing demographic, economic and technological landscape. We have heard over and over again, from Legal Aid Ontario itself and other justice partners, that the current legislation is outdated and creates barriers to legal aid access for those who need it the most. Most agree that the legal aid system is difficult for clients to navigate.

Clients encounter roadblocks based on the types of services they need, where they live, and service providers in the neighbourhood or region. We have a responsibility to provide the tools to legal aid to modernize and innovate the way it delivers services in today’s modern world.

The proposed legislation would do just that, and allow Legal Aid Ontario to develop a model that provides seamless, sustainable and high-quality legal aid services to the clients who need them. Mr. Speaker, I am excited to propose changes that would put clients at the centre of the legal aid system by allowing legal aid services to be offered by a mix of service providers like private practice lawyers, as they are now, law firms and community legal organizations, which include Ontario’s vital legal clinics that currently provide and will continue to provide essential poverty law services.

Representatives of the Association of Community Legal Clinics of Ontario said that they were pleased that our government continues to “recognize the foundational role community legal clinics play in creating a strong Ontario justice system that protects vulnerable members of our communities and provides them with the legal services they need.”

They went on to say, “This new legislation will improve the delivery of legal aid services in Ontario while ensuring that independent community legal clinics continue to work closely with the communities they serve in identifying their needs and in providing poverty law services to their clients.”

These changes would allow legal aid clinics to access a greater range of services like legal information,

summary advice, alternative dispute resolution services, unbundled legal services, and full representation. 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 Legal Aid Ontario carries out this role in a transparent, accountable way with a robust public consultation framework.

Our proposal would give Legal Aid Ontario the flexibility and tools it needs to provide high-quality legal aid services to its clients, including eligible low-income Ontarians, while also recognizing the essential and foundational roles that key partners in the legal sector, including the private bar and community legal clinics, play in providing important legal services in areas such as criminal, family and poverty law. This bill would also ensure the continued role the Law Society of Ontario plays as an important partner with this government in the legal aid system.

Of course, developing new legislation, while an essential component to modernizing the legal aid system, is only one element in a broader plan. Legal Aid Ontario will continue to work closely with clinics, criminal and family law counsel, the law society and other legal aid service providers to ensure a smooth transition for legal aid clients and service providers. I look forward to the results of these discussions and the opportunities this new legislation will provide if the bill is passed.

Thank you, Mr. Speaker, for the opportunity to talk about this very important piece of legislation. All of the changes in our proposed reforms are meant to stand up for people, make sure crime doesn’t pay, and fix outdated and overly complex court processes. We are modernizing processes to make life easier for Ontarians, such as online document verification and a simplified procedure for small estates. We’re building safer communities and standing up for victims with our proposed changes to the civil forfeiture system.

Our proposed changes will strengthen the integrity of Ontario’s class action legislation to ensure fairness for consumers and businesses. After more than 20 years of neglect, we are proposing to update Ontario’s legal aid legislation to better serve clients and strengthen justice across the province.

My colleagues, both this morning and later on in second reading, will have more to say about some of the other proposed changes in the Smarter and Stronger Justice Act. There are 20 changes, and this is far-reaching in protecting Ontarians and standing up for the things that we believe.

Now I would like to turn it over to my colleague the Minister of Government and Consumer Services.

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

Hon. Lisa M. Thompson: I’m very pleased today to rise in the House alongside my colleagues the Attorney General and PA Park to begin second reading of a very important debate on Bill 161, the Smarter and Stronger Justice Act. Additionally, the entire bill is being submitted as part of omnibus legislation called the justice bundle bill. Our government has a plan to build healthier and safer communities for the well-being of the people of Ontario.

One of the ways we are accomplishing this is by helping Ontarians in need. It facilitates death registration where a person disappeared in circumstances of peril, no remains have been found, and they are presumed dead.

Before I get too far into the debate though, I want to take a moment to thank my ministry officials, the Attorney General and his team, PA Park, as well as the MPP from Etobicoke Centre. We worked very, very hard to make sure that Ontario finally had legislation in place to consider this very unique circumstance.

The amendments to regulation 1094 that I’m speaking about today were in response to the murder of Laura Babcock. On behalf of our government, I would like to ask everyone to join me in extending our deepest sympathies to the Babcock family for the loss of Laura. Thank you, Speaker. I appreciate this opportunity to share our respects, in the sense that the Babcock family are absolute champions.

In July 2017, an Ontario jury heard sufficient evidence to find that Laura Babcock had been murdered even though her remains had not been found. Although a court convicted two individuals of Ms. Babcock’s murder, her family faced many challenges registering her death because her body was not found.

In the vast majority of situations where a person has died as a result of a crime, the remains of the deceased person are found and examined by a coroner, who then completes a medical certificate of death. It’s known as an MCOD. The Office of the Registrar General normally requires an MCOD to register a death; however, this process cannot be followed in rare cases where there are no remains to be examined.

In October 2019, Laura’s death was registered using the delayed death registration provisions under the VSA and regulation 1094. The declaration of death was used as an alternative piece of evidence. Since the death had not been registered until October 2019, various federal and provincial authorities had not been notified of the death to prevent the issuance or mailing of notices or requests, such as a voter registration card from Elections Canada. It took the Babcock family nearly two years to obtain a declaration of death and to register her death.

And that was only made possible because ministry officials were able to intervene and assist with obtaining the declaration of death and death registration, through the efforts of my ministry and the Attorney General. Again, we very much appreciate all of the efforts by both of our teams.

As I’m sure you can imagine, Mr. Speaker, these circumstances were tremendously hard for the Babcocks to deal with, aside from handling all of the bureaucratic details. Laura’s parents wrote to our government asking that something be done so that the process would not be so complex and difficult for other Ontario families who find themselves in the same situation.

We proposed and made changes that have made the death registration process much less of a burden and show compassion for families who experience this exceptional and unfortunate circumstance.

As I’m sure we can all agree in this House, the sensitive nature of this situation called for a delicate and thoughtful approach, and that is the type of approach that is set forward in the Smarter and Stronger Justice Act. Ontarians both expect and deserve to have their government take swift but sensitive action on policy-making that affects their lives in such a personal way, and that is exactly what we have done.

By making common-sense reforms, we can make life easier for Ontarians. We are listening. Our government is delivering on its promise to put people first by updating old laws and by simplifying complex processes so that justice works for Ontarians. Finding faster, easier and more affordable ways to resolve legal problems is a key priority for our government. We are proposing reforms to get seamless, sustainable and high-quality legal services to the people who need them most.

We are working to simplify the justice system to make it easier, faster and more affordable for people in Ontario to resolve their legal issues as well. We want people to spend less time in the courtrooms and less money on lawyers while making sure people have access to the legal services and supports when and where they need them.

Modernizing Ontario’s justice system will keep our streets safe, put victims and their families at the centre of the justice system, and hold criminals accountable for their actions.

As we’re all aware, cutting red tape and reducing administrative burden to individuals, organizations and businesses is a key priority for our government.

Another amendment that I’m here to discuss is that within the Smarter and Stronger Justice Act, we take a look at the Marriage Act, which may see people officiating at weddings throughout the province. After engaging with Indigenous communities specifically, as well as key stakeholders, we are seeking to modernize the act to address long-standing concerns and provide more choice to consumers about who can perform marriages. The Chiefs of Ontario passed a resolution in June 2018 requesting the authority that this change would provide.

We’re working to simplify the justice system and, in addition to that, out-of-province judges have made occasional and ongoing requests to perform marriages in Ontario as they can in many other provinces. Ontario case management masters, through the Ministry of the Attorney General, have requested the authority to perform civil marriages. This proposed amendment will update our Marriage Act to align with several other Canadian jurisdictions, including Alberta and Saskatchewan, that already allow similar, broader categories of marriage officiants.

It would mean that Indigenous communities and organizations in Ontario would have the authority to designate individuals to be registered to perform marriages. It would also authorize out-of-province Canadian judges and Ontario case management masters to perform civil marriages.

What’s more, these proposed changes are supported by the Ministry of Indigenous Affairs as well as the Ministry of the Attorney General. They are also expected to be well received by the Indigenous partners, the judiciary and the public.

I know all of the honourable members in this House will have input about this, and I want you to know that I will be listening with great interest. On behalf of my ministry, I’m grateful for this opportunity to update my cabinet colleagues on actions that we have taken and an important piece of legislation that will be changed with this bill.

Thank you, Speaker, and I look forward to debating this bill further. I will now share our time with PA Park.

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

Ms. Lindsey Park: It’s a pleasure to rise in the House today for the second reading of the Smarter and Stronger Justice Act, 2020. It’s a bill, Speaker, that’s long overdue and represents an innovative step forward toward simplifying a complex and outdated justice system. If passed, Ontarians will be able to count on easier, faster and more affordable access to the justice system in their communities.

The Attorney General spoke about the conversations our government has had with front-line staff, Legal Aid Ontario, legal associations across the province—in fact, I think in the Speaker’s riding we had some good discussions with representatives of the local legal association—the Law Society of Ontario and the legal community. 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 team at the Ministry of the Attorney General understands that communities can’t grow to their full potential when people don’t feel safe and when job creators can be 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. Here are some of the common complaints the Attorney General and I hear regularly about the legal system: Ontario’s justice system is complex and outdated. It’s time to bring innovation to the justice system. It should be easier, faster and more affordable to access justice.

I think most people in this chamber could agree that those are some common complaints, and progress needs to be made. It’s long overdue, and I think we can all agree that this bill is timely.

People shouldn’t be faced with the task of navigating a complicated and old-fashioned justice system, often during some of the most difficult times in their lives.

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.

In his remarks, the Attorney General spoke about Ontario’s property forfeiture system and how our government is proposing to improve that system. The proposed enhancements to the civil forfeiture system will streamline the process for seizing proceeds of crime, saving police time in doing their important work, and ensuring these funds support victims and law enforcement as they tackle heinous crimes like human trafficking.

I’d like to take a moment to talk about human trafficking in our province. This is a crisis that our government is urgently working with survivors and justice partners to resolve. Almost two thirds of police-reported human trafficking violations in Canada occur in Ontario, many in Durham region, the area I represent.

I actually encourage every member in this chamber to look up an

article that the CBC put out yesterday that really highlighted the work our local human trafficking unit in Durham region is taking on. They have a really unique model in Durham region where the human trafficking unit—they have a dedicated unit to fight human trafficking—works closely with a survivor of human trafficking who is really able to interact with victims on the front lines as they’re recovering immediately from being a victim of this heinous crime. As I said, I encourage every member of this chamber to look up the article. I think we’re allowed to use devices in the chamber now, so you can even look it up as I’m giving this speech.

It’s a crime that affects the most vulnerable members of our communities, our young people. This has cost the people of Ontario enormously. It’s a crisis that threatens the safety of our communities.

Last year I had an opportunity to spend an afternoon with the men and women of that human trafficking unit in 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 taking place in our communities. I also heard about the dangers they face while trying to rescue and protect these vulnerable young women being sex trafficked. It was an eye-opening experience, and I do encourage all members of the Legislature, if you haven’t already, to 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 the 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 proposed changes to the civil forfeiture system—I promise it ties back to the act—received broad support from key members of our law enforcement community. Chief Paul Pederson, 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’ve seen first-hand how these proceeds of crime can be directed towards something good for the community. Last year, the Durham Regional Police Service was the recipient of a grant through this program. The $99,261 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 or organized criminal groups.

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 would more effectively take away proceeds of crime from criminals. We’re talking about the cash, the guns, the vehicles and the 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 programs like Project Access, which I described in Durham region.

Our government stands with victims, and we’re committed to bringing offenders to justice. That includes 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. I can only imagine how that happening to anyone in this chamber might affect the carrying out of their duties.

As the Smarter and Stronger Justice Act was in development, 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. 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 today to make it 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. This is another area where human traffickers may engage in their harmful behaviours. As a result of the amendments to this regulation under the Victims’ Bill of Rights, victims now have an opportunity to seek damages from those who have shared 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 is always a good day when we can advance initiatives that support victims of crime.

Now let me speak to the professional misconduct proposals that are in this bill. When Ontarians need to hire a lawyer or a paralegal, they should be confident that they’re hiring a legal professional who is held to the highest ethical standards. Proposed changes in the Smarter and Stronger Justice Act would provide the Law Society of Ontario—and for those who don’t know, that’s the regulator of legal professionals—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 the current level of $10,000 up to $100,000.

When the Attorney General announced this bill in December, 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 profession in the public interest.”

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

Speaker, the Attorney General touched on some of the reforms we’re proposing for notaries and commissioners in this province. We’ve all needed, last minute, something to be notarized and wonder where on short notice we can go to have that done. In particular, in this bill, there are provisions that provide for transformative change, paving the way for individuals to verify their documents online, which has received support from a broad range of stakeholders in the sector.

This is a great example of bringing innovation to the justice system. Yes, it’s possible. I know it can feel outdated, but innovation in the justice system is possible. The Attorney General said it best when he noted that “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 this change could position Ontario as a leader in harnessing technology to improve access to justice.

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

In addition to this transformative piece, we’re also proposing changes that would allow paralegals 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 the Commissioners for taking Affidavits Act that would make it easier for paralegals in their daily practice to fully serve their clients. These changes will make accessing notary services easier and improve access to justice for Ontarians.”

If passed, this change 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 think we can all relate to that.

The Attorney General also spoke to the important changes our government is proposing to modernize the legal aid system in the province. When we speak about the need to update the 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 legislation keeps up with the way the lives of Ontarians continue to evolve.

As the Attorney General said, Ontario’s legal aid legislation has not been significantly updated since 1998, more than 20 years. To give some perspective on where we were at in 1998: It was the year that Google was incorporated, it was the year WiFi was first introduced, it was the year before the first BlackBerry hit the market and it was two years before Vince Carter would put the Toronto Raptors on the map with the greatest NBA slam dunk contest performance of all time.

Although a lot has changed since 1998, the Legal Aid Services Act has stayed mostly the same and Legal Aid Ontario has faced challenges responding to demographic, economic and technological changes that have taken place. After extensive and broad consultations, what we’ve proposed to this Legislature are 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 clients.

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 would also like to echo his words on the important role our community legal clinics play in delivering legal services and supports to our citizens. I know we have a great clinic in Durham region.

Speaker, turning now to the proposed reforms concerning our judicial officials, whom Ontarians expect to be held to the highest level of standards but sometimes can come with 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. That surprises many people. In the Progressive Conservative caucus, we respect taxpayers. It’s one of the reasons we were elected. I’m very pleased to be able to say 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. 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 a judge orders otherwise.

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

Speaker, I am a big believer that it’s important we have not only strong legislation lawyers can read, but that we have legislation the public can read and understand, as we expect the whole province to comply with the laws. It’s important that it’s readable and that it’s understandable. I think some of these, while they may seem like small changes, are important to make sure that people can understand the legislation we have in effect in this province.

We’ve heard loud and clear that Ontario’s justice system is slow and outdated. The Smarter and Stronger Justice Act would remove unnecessary administrative burdens and make changes that would make it easier, faster and more affordable for Ontarians to access the justice system. I look forward to hearing the rest of the debate, and I thank you for listening, Speaker.

The Deputy Speaker (Mr. Rick Nicholls): Questions and responses? I refer to the member from Brampton East.

Mr. Gurratan Singh: My question is to the Attorney General. In your remarks today, you referenced the Law Commission of Ontario and their statements of recommendations with respect to Bill 161. Yet, I have here a letter dated to your office on January 22 from the Law Commission of Ontario which categorically rejects Bill 161. In their letter, they state—I’m reading from the letter—that “the LCO is unable to support Bill 161 as it is currently drafted, because the effect of this bill will be to increase costs, lengthen delays and undermine the access to justice and judicial efficiency goals of the province of Ontario.”

My question is to the Attorney General. You are aware of this letter. You knew this letter was sent to you. Why did you choose to disregard it?

Hon. Doug Downey: Through a very, very wide consultation with several people in the industry, again I mention the round table with the Ontario Bar Association—we drew from the Law Commission of Ontario’s report, with about 40 recommendations. We adopted a large majority of them. There’s still a large debate—and in the report itself, the law commission says that there will be vigorous debate about the effects of some of the changes. They flagged it themselves.

So, Mr. Speaker, we took input. We took very wide input. I didn’t come into the process with a predetermined end point. We talked to all the stakeholders. We talked to consumer groups. We talked to a lot of the people that the law commission talked to and beyond.

I really appreciate the work of the law commission. They filed their report very recently and we moved very quickly on it, which is not always the case. It’s actually a real kudos to the great work of the law commission that they were able to put together such a deep paper. We drew from them both for this and for the small estates work, so they’re an important group.

I’m looking for all sorts of input from a wide variety—and we’re using our judgment for what we think will make the system fair and affordable for all Ontarians.

The Deputy Speaker (Mr. Rick Nicholls): Further questions? I return back to the member from Brampton East.

Mr. Gurratan Singh: My question is to the Attorney General. Does the Attorney General agree—

The Deputy Speaker (Mr. Rick Nicholls): Excuse me, pardon me—my mistake. It goes over to the government side. I recognize the member from Stormont–Dundas–South Glengarry.

Mr. Jim McDonell: With great intent, I listened to this leadoff speech. I’m just wondering—some details on your consultation, what work was done and the changes that are being made, what groups were consulted and requested the information?

Hon. Doug Downey: Yes, thank you for the question. The consultations are a critical, critical piece of all of this bill, all 20 parts of it. We went out and we spoke to people who would have an interest, whether it be marriage solemnization, where we talked with Indigenous groups, or legal aid, where we talked with people who are actually delivering the service in the field.

I’ve visited or spoken to close to half of the legal clinics that are out there to understand, and that drove some decisions that we made about the importance of local boards giving input to the local clinics to make sure that we are reflecting the needs of those areas. So those consultations were critical. We talked to law associations, a wide variety of law associations, depending on the topic area, whether it was the Federation of Ontario Law Associations, which spans the province, of course, the Ontario Bar Association, the law society. We spoke with consumer groups.

We spoke with people that may not have intuitively been consulted before.

The Deputy Speaker (Mr. Rick Nicholls): Now I return to the member from Brampton East for questions.

Mr. Gurratan Singh: My question is to the Attorney General. Does the Attorney General agree that access to justice and creating support for low-income and disadvantaged Ontarians is paramount in his role as Attorney General?

Hon. Doug Downey: I’ve spoken about the importance of delivering poverty law through the legal clinics. I’ve spoken about making the system more accessible through everything from class actions to small estates and making sure that people who are needing services the most don’t have to deal with unnecessary red tape and costs.

Online commissioning will serve people in rural areas who otherwise may not be able to afford or just cannot get the service that they need to do simple things, simple life things like transferring a vehicle from a parent to a child or dealing with a small estate, transferring fairly minor assets to those who should have them. There are all sorts of things that we’ve done to make sure that those people that need it have access to the justice system.

The Deputy Speaker (Mr. Rick Nicholls): Question?

Mr. Jeremy Roberts: I listened to the Attorney General’s and the parliamentary assistant’s comments with interest. There was one particular part that I was very interested in. I had the chance recently to visit the Youth Ottawa Youth Action Showcase, which brought together young people from across Ottawa who were interested in tackling some of the big issues facing them today. One of the big issues that was brought up at that showcase was cyberbullying.

I’m wondering if the Attorney General might be able to shed a bit more light on some of the measures in the Smarter and Stronger Justice Act that are going to help strengthen our efforts to combat cyberbullying to make sure that our schools are the safe place that we want for our kids.

Hon. Doug Downey: This is an important piece. It’s very important in the bill. MPP Rasheed has raised the issue before. It’s something that we talk a lot about: protecting those who are most vulnerable. In this bill, it deals with the distribution without consent of personal images. We don’t want somebody to be victimized by having their very personal images distributed without consent, of course.

Mr. Speaker, what it does is that it allows the process to be simpler, faster and stronger for those who are victims of this kind of activity. It is something that affects young people in particular, but it’s also something that affects people who are going through nasty divorces and that sort of thing.

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

Mr. Gurratan Singh: Earlier, the Attorney General agreed that access to justice and supporting low-income and disadvantaged Ontarians is paramount to his role, yet the Attorney General, in Bill 161, has removed these terms from the purpose clause of the Legal Aid Services Act, weakening access to justice in Ontario. How can the Attorney General on one side say he is committed to access to justice while weakening it on the other side in Bill 161?

Hon. Doug Downey: I appreciate the question. You know, the thing about our government is, it’s more about actions than words, Mr. Speaker. It’s our commitment to those that are vulnerable, those who need the services the most. We work with the community clinics. We’ve worked with the association. We’ve worked with all sorts of stakeholders to make sure that we are putting the effort forward to protect people and give them the tools they need without creating bureaucracy, without creating disincentives to reaching for help, to reaching into the justice system.

We want to make sure that we’re putting the resources where they need to be and that we’re helping those who are most vulnerable. It’s an important part of our government. This is why we need to do things like pay down the debt so we have the resources to be able to further invest in these areas of law, Mr. Speaker.

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

Mr. Billy Pang: I know our government is cleaning up the mess of 15 years of neglect in our justice system by the previous Liberal government. Can the Attorney General speak to how these important changes to legal aid are needed now?

Hon. Doug Downey: Thank you for the question from the member from Markham–Unionville. Parliamentary assistant Park and I have spent so much time wondering what exactly the Liberals did for 15 years. I still can’t reconcile whether it was intentional or whether it was just not paying attention, because the system that we inherited is so neglected. Things like legal aid were just left to blow in the wind.

The act had not been touched for 20 years. The class actions legislation had not been touched in any significant way for 25 years, Mr. Speaker. There are so many opportunities for improvement. I’m so proud to put them forward in this bill so that we can improve access to justice and the justice system and create fair and balanced results for those who need it the most, when they need it. It’s a phenomenal opportunity for people in Ontario to be able to access a system that they need to rely on, maintain confidence, do it in an affordable—

The Deputy Speaker (Mr. Rick Nicholls): Thank you. Unfortunately, we don’t have any additional time for questions and responses.

Second reading debate deemed adjourned.

Private members’ public business

The Deputy Speaker (Mr. Rick Nicholls): I do beg to inform the House that pursuant to standing order 101(c), a change has been made to the order of precedence on the ballot list for private members’ public business such that on the ballot list draw of November 4, 2019, Ms. Armstrong assumes ballot item number 31 and Mr. Vanthof assumes ballot item number 39.

Wearing of jersey

Mr. Dave Smith: Point of order?

The Deputy Speaker (Mr. Rick Nicholls): I recognize the member on a point of order.

Mr. Dave Smith: I seek unanimous consent for myself and the member for Nepean to wear the Challenger Baseball jerseys in respect of the team that is here today in the gallery.

The Deputy Speaker (Mr. Rick Nicholls): The member is asking for unanimous consent to wear the baseball jerseys. Agreed?

Mr. Gilles Bisson: Just for the morning?

Mr. Dave Smith: And for question period.

The Deputy Speaker (Mr. Rick Nicholls): Agreed? Agreed.

Members’ Statements

Children’s mental health services

Ms. Sara Singh: Good morning, Speaker. It’s great to be back in the Legislature and to rise on behalf of the good people of Brampton Centre.

Over the winter break, I met with many organizations: Peel Regional Police, educators, youth and parents—all shared many concerns about the lack of health care services in our city and impacts to youth who are experiencing mental health.

The health care emergency in Brampton is not just about building a new hospital. We need our fair share of all health care services to ensure that Peel and Brampton can thrive.

Years of neglect under the Liberal government coupled with Conservative cuts to mental health funding have left children in Brampton waiting longer than ever for critical mental health supports.

Young people are waiting in crisis, Speaker. In Peel and Brampton, on average, some are waiting 737 days for mental health supports. Can you imagine being a young child in a state of emergency and being told that you need to wait in a hallway for hours and hours on end in order to get the help you need?

Imagine being a parent grieving the loss of your child because the systems that were supposed to be there to protect your child failed to protect them every step of the way.

Speaker, every single day, I hear these stories. These are young people who come up to me at events. They are parents, my cousins, my brother’s best friend. These are not numbers on a wait-list; these are real families. These are students, some of them as young as nine years old, desperately seeking supports. They deserve better. Ontario’s children cannot wait any longer.

Ontario budget

Mr. Jim McDonell: As the government works to re-establish Ontario as the economic engine of Canada, we are mindful that positive change is best achieved with the help of our dedicated and informed residents. They bring a wealth of experience and knowledge in their fields and communities that they love and represent.

At the ROMA conference in mid-January, I met with about 25 delegations from across the province, including five representing my riding of Stormont–Dundas–South Glengarry. On February 3, in Bonville, the Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, was on hand to discuss Bill 156, the Security from Trespass and Protecting Food Safety Act, with close to 30 farmers, transportation owners and operators, and concerned citizens. On February 5, we held two separate round table sessions in Cornwall with municipal government representatives and members of the public.

Finally, I welcomed MPP Randy Pettapiece, the parliamentary assistant to Minister Hardeman, to discuss ways the government can improve rural economic development.

Speaker, we heard a common message from this group of concerned Ontarians: While residents are very happy with the progress made over the last two years, it was clear that much is left to be done.

In closing, I would like to thank everyone for their participation and have forwarded their important feedback to the 2020 budget team.

Affordable housing

Mrs. Jennifer (Jennie) Stevens: Housing and affordable living are major issues of concern in St. Catharines. Each community across Ontario celebrates when we get 20 to 40 units of affordable housing. And we should; it’s important work. Yet in St. Catharines, we are in the midst of a rental crisis that undoes all the work on affordable housing.

I am hearing about this more and more since this government removed protections for rent controls over a year ago. In fact, in St. Catharines, it is not uncommon to hear about entire buildings of 100 or more units having an entirely new set of renters over a few years. I consider it like whole buildings of affordable housing being wiped out silently and quickly.

The victims are real people, like my constituent Rose Baker. Rose is a 95-year-old who has lived in the same apartment for over 40 years. However, residents like Rose are particularly vulnerable to eviction and harassment. If she were to vacate her apartment, the rent for her unit would nearly double. This government has incentivized landlords to aggressively find ways to evict or renovict tenants as a result of eliminating rent control. So what can Rose do? She can either become educated on her rights, or she can be chased out of her own home. This is not right.

I am helping educate members in my community. The Niagara legal clinic is helping defend their rights. Now we need this government to move on rent control to protect people like Rose. Until that point, this government can never—

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

Members’ statements?

Long-term care

Mr. Rudy Cuzzetto: Last fall, the Financial Accountability Officer reported wait-lists for long-term-care beds will peak this year. More than 4,500 people are on a wait-list in Mississauga. We have 20% fewer long-term-care beds per capita than the provincial average. Yet, between 2011 and 2018, as the numbers of Ontarians over 75 grew by 75%, the number of long-term-care beds grew by less than 1%. That’s why our government is creating 15,000 long-term-care beds over five years.

Recently, I joined the Minister of Long-Term Care; the president of Trillium Health Partners, Michelle DiEmanuele; and the chair of Heart House Hospice, Karen Priest, at the groundbreaking for a brand new health care centre in the Sheridan Park Corporate Centre in Mississauga–Lakeshore. This new centre will include 220 long-term-care beds and a 10-bed residential hospice, the first of its kind in Mississauga. This shows the direction we’re moving in, towards a truly modern, connected health care system that nurtures the close partnerships between the hospitals and home, community and palliative care providers, and ensures that all patients receive the high-quality care they deserve.

Tenant protection

Ms. Marit Stiles: Good morning. During the winter constituency break, I hosted two separate community forums on housing and tenant issues in my riding. To say that this is an important issue for the residents of Davenport would really be an understatement. It is “condition critical.” At our meetings, we heard more stories of evictions.

Tenant associations are seeing a significant uptick in the phenomenon of renovictions, and when they are not being forced out by questionable eviction tactics, those tenants are being squeezed out by multiple, repeated, above-guideline increases year after year—5% one year, 3% the next, 4% the next; seniors seeing their rent increasing by 15% over just a few years. Tenants are dealing with long overdue maintenance to their units because they’re too afraid their request for help will result in more rent increases, or worse.

The simple truth, Mr. Speaker, is that lax tenant protections create an opportunity for unscrupulous landlords and profit-driven rental companies to take advantage of people, and thanks to this government, they have fewer tools to be able to defend themselves.

The good news is that residents in our community forums were ready to act. They’re forming new tenant groups, they’re sharing resources. Now it’s time for the government to back them up with effective and predictable protections today, protections like real rent control and a rent registry so that tenants know how much their homes were priced at in the past. These are young working families, these are seniors, these are moms and dads and kids and grandparents. We can’t allow our cities to become places that are simply an enclave for the very wealthy. We must work to continue to create opportunities for people to live and grow—

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

Members’ statements?

Kindness Week

Mr. John Fraser: You might not know it, but it’s Kindness Week in Ontario, folks.

Kindness Week—and the Solicitor General would be aware of this as would the member from Nickel Belt—is an initiative that was started by my colleague Yasir Naqvi, and it was a motion passed here in the Legislature with the support of all parties. It’s a great initiative. It was started by Kind Ottawa. Rabbi Bulka had spoken to Yasir, and now it has blossomed into something much bigger.

Last Friday, I was fortunate to go to the launch event in Accora Village for Kindness Week in Ottawa. Kind Ottawa is a movement with the goal of encouraging others to choose to be kind. This year’s theme is “United for All.” It’s a wonderful initiative that helps shape more compassionate and inclusive communities.

Speaker, I was a volunteer in palliative care. I got way more out of it than I ever put into it, and I learned one thing: that the things that are most important at the end of life are generally very small. And the things that are important at the end of life are really actually things that are important right now. Simple things like a smile, acknowledging that another person is there, listening, being present—they are all acts of kindness. So, Speaker, I encourage everybody to remember this—I know they will remember it for question period—because it makes a big difference.

I want to thank everyone at the Caring and Sharing Exchange in Ottawa for leading this initiative, and the Kindness Week—

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

Members’ statements?

Health care

Mr. Lorne Coe: When elected, the government inherited a precarious economic situation. People in the province were working harder for less, while the province itself faced a $15-billion deficit, and the vital services Ontarians deserved were letting them down, particularly health care. The health care system was broken. Hospitals were overcrowded and reaching a breaking point. But the government’s fall economic statement demonstrated that it could be fiscally responsible while still making life-altering investments in priority programs.

Recently, I hosted Minister Fullerton, the Minister of Long-Term Care, as she announced that Whitby’s Fairview Lodge would be receiving funding for a new 26-bed unit, providing support for patients with behavioural challenges. Helping patients access care faster is one way to relieve hospital capacity pressures.

Public transit

Mr. Peter Tabuns: Everyone in this chamber knows that we need transit in this city, and we need it now. Everybody knows that. We need transit we can afford and we need transit that works in our communities. People in my riding—in the north of that riding in East York, down in the south: Riverside, Leslieville, South Riverdale—are facing disruption and long-term pain from the bad design of transit.

Yesterday, the Minister of Transportation brought forward some big changes to the acts that will affect transit planning. She turned upside down the carpenter saying. Carpenters say, “Measure twice, cut once.” No, no. “We’re going to start cutting and digging, and then we’re going to assess what the environmental impact is.” That is a recipe for cost overruns,

schedule delays and disruption of the communities that are not necessary.

There are also changes to the expropriation—

Interjections.

The Speaker (Hon. Ted Arnott): Stop the clock. I apologize to the member of Toronto–Danforth. The House will come to order and allow the member to present his statement.

Again, I recognize the member for Toronto–Danforth to conclude his statement. Start the clock.

Mr. Peter Tabuns: Thank you, Speaker. I also want to say that the changes with regard to expropriation are hugely problematic. Governments, corporations—all kinds of human-led organizations make mistakes, and the ability of people to have a public hearing to point out those mistakes is being eliminated. This is wrong.

Challenger Baseball

Mr. Dave Smith: It gives me a great deal of pleasure today to rise in the House to talk about Challenger Baseball. For those of you who have never heard of it, Challenger Baseball provides an opportunity for children, teens and adults with cognitive and developmental life challenges to take

part in one of Canada’s most popular summer games: baseball.

The Peterborough

chapter of Challenger Baseball began in April 2016 through the hard work of a gentleman named Bernie Daynes. That first summer saw 14 players of different abilities take

part in their own league at Turner Park in Peterborough. In just four seasons, Challenger Baseball in Peterborough has grown by an astonishing 500%, and we’re looking forward to another great year this year.

With pitchers and catchers now reporting for spring training, this is the perfect time to talk about the boys and girls of summer, as baseball has been referred to. The start of spring training is the inspiration that good weather is on its way. The players from Challenger Baseball provide a different and greater inspiration for all of us.

Today, I have the honour of hosting the very first Challenger Baseball team to represent Canada at the Little League World Series. These exceptional athletes from Peterborough travelled to Williamsport, Pennsylvania, last summer to represent Canada on the world stage. It’s my absolute honour to welcome them here to Queen’s Park today.

The Speaker (Hon. Ted Arnott): Welcome.

Skilled trades

Mr. Mike Harris: It’s a pleasure to rise today and share with the Legislature an investment our government is making in my community to address the looming skilled trades shortage.

Recently, my colleagues from Kitchener South–Hespeler and Cambridge joined me and the Minister of Labour, Training and Skills Development, the honourable member from Lambton–Kent–Middlesex, at Conestoga College. Together we announced—Mr. Speaker, are you ready?—$9.2 million in funding that will help create over 6,000 apprenticeship spaces in Conestoga College.

Every day, in our region alone, there are over 18,000 vacant jobs ready to be filled by workers that are simply just not there. That’s why the investment is so important. This funding will introduce more people to the skilled trades and help them bridge a gap between the skills they have and the skills employers need. This is an excellent opportunity for employers to find the talent they’re looking for.

Mr. Speaker, careers in the skilled trades are exciting and lucrative, and we need more people to understand that the opportunities are out there. I know that we will all be better off when labour, business and government work together to address this looming crisis.

Private members’ public business

The Speaker (Hon. Ted Arnott): I beg to inform the House that, pursuant to standing order 101(c), a change has been made to the order of precedence on the ballot list for private members’ public business such that on the ballot list draw of November 4, 2019, Ms. Singh, Brampton Centre, assumes ballot item number 8 and Ms. Lindo assumes ballot item number 35.

Legislative pages

The Speaker (Hon. Ted Arnott): It’s now my pleasure to ask our legislative pages to assemble for their introductions.

It is now my honour to introduce this group of legislative pages serving in the first session of the 42nd Parliament:

From the riding of Scarborough Centre, Jessica Athanasyar; from the riding of Niagara Centre, Catharine Boitor; from Barrie–Springwater–Oro-Medonte, Nathan Crank; from Glengarry–Prescott–Russell, Finnegan Follis; from Waterloo, Jaxon Harris; from Spadina–Fort York, Owen Hodnett; from Brampton West, Aditri Janapatla; from Aurora–Oak Ridges–Richmond Hill, Rachel John; from Toronto–Danforth, Juliana Joly; from Parkdale–High Park, Paige Malcolm; from York South–Weston, Irma Giselle Mendoza Saldana; from Dufferin–Caledon, Daniel Milone; from Mississauga–Streetsville, Hannah Moodey; from Don Valley East, Connie Qin; from Mississauga Centre, Nyle Rafiq; from Etobicoke North, Rudra Rami; from Huron–Bruce, Abbey Ramsay-Brown; from Sarnia–Lambton, Michael Ray; from Milton, Hamza Sheikh; from Markham–Unionville, Daniel Wang.

Please join me in welcoming this first group of legislative pages in this sitting of the first session of the 42nd Parliament.

Applause.

Introduction of Visitors

The Speaker (Hon. Ted Arnott): Before I invite the members to introduce their guests, once again I’ll repeat the new standing order, standing order 34: “Up to five minutes shall be allotted during both the morning and afternoon routine for members to recognize guests. Members may introduce visitors by stating only their name, title, organization and/or riding.”

We will be enforcing this standing order this morning.

M me France Gélinas: It is my pleasure to introduce Julia Ritchie-Staddon and her husband, Sean Staddon, who are members of the Northern Ontario Autism Alliance. Welcome to Queen’s Park.

Hon. Bill Walker: I’m pleased to welcome Edgar Martin, Paul Brubacher and Allan Martin from the beautiful riding of Bruce–Grey–Owen Sound. Welcome to Queen’s Park.

Mr. Gilles Bisson: All the way from Timmins, two moms who have children with autism: Dawna Chorney and Lisa Jamieson.

Mr. Mike Schreiner: It’s my pleasure to welcome two of my constituents, Jan and Michelle Craig, from Guelph, to Queen’s Park today.

Mr. Rick Nicholls: I’m very pleased to announce this morning and welcome Harold Gillies from Chatham, Scott Gillies, student Emily Konstantas, Tom Konstantas and Jim Longfield, and also, from the University of Windsor Campus Conservatives, Devon Clark, Ian McHaffie and Brandon Meloche. Welcome to Queen’s Park.

Ms. Jennifer K. French: I’d like to welcome the folks from Architectural Conservancy Ontario, Shannon Kyles and Catherine Nasmith, as well as representatives from 4 My Canada: Garifalia Milousis, Pam Ross, Wesley Wilcox and Emma Vandermeer. Welcome to Queen’s Park.

Mr. Randy Pettapiece: It’s my pleasure to introduce Dr. Murray Townsend from my riding. He’s here with the Ontario Chiropractic Association.

Ms. Bhutila Karpoche: I’d like to welcome to the Legislature today members of the New Mentality, Children’s Mental Health Ontario. We have Fizza Abbas, Vic Corbett and Mary-Anne Leahy. Welcome.

Mr. Mike Harris: I would just like to acknowledge one of our page captains today, Jaxon Harris.

Ms. Teresa J. Armstrong: I would like to welcome Braman Thillainathan. He’s from Western and he’s here visiting the Legislature. Welcome to the House.

Mrs. Amy Fee: I’d like to welcome to the Legislature today one of my closest friends, Graham Elliott, and his son Ethan, and also Jody Middleton, Megan Chatterton and Brianna Middleton. Welcome to the Legislature.

Mr. Jamie West: I’d like to welcome Sean Staddon, from the Steelworkers Local 6500, and his amazing wife, Julia Ritchie-Staddon.

Mrs. Robin Martin: I’d like to introduce, from the Ontario Chiropractic Association, Caroline Brereton, Dr. Ken Brough, Dr. Brian Gleberzon, Dr. Murray Townsend, Dr. Jennifer Nash, Terah Wong and Nancy Gale.

Ms. Laura Mae Lindo: I am excited to welcome the Toronto Youth Cabinet and Ontario Student Trustees’ Association. We have Stephen Mensah, Sally Meseret, Vanessa Erhirhie, Faiza Chowdhury, Monique Kasonga, Aliyaan Amlani-Kurji, Ella Laforme, Anika Carino, Gayathri Seema Baiju, Esha Sarfraz and Ibnat Islam. Welcome to Queen’s Park.

Mr. Dave Smith: I’d like to welcome all 57 members of Challenger Baseball, but I won’t name them all out of respect for everyone else, and my daughter Lindsay, who’s here from the University of Guelph

Mr. Terence Kernaghan: It gives me great pleasure to welcome members of Architectural Conservancy Ontario. I very much look forward to meeting with Alysson Storey, Doug Evans and Kelley McKeating, who is from the beautiful riding of London North Centre. Welcome to Queen’s Park.

Miss Monique Taylor: I would like to welcome some folks from the Ontario Autism Coalition. We have Scott Corbett and Michau van Speyk. Welcome to Queen’s Park.

Mr. Chris Glover: I’d like to welcome Tony Lee. He’s a political science student at Ryerson University.

The Speaker (Hon. Ted Arnott): Any further introductions? I too would like to welcome everyone who’s joined us today.

Question Period

Anti-racism activities

Ms. Laura Mae Lindo: My question is to the Minister of Education—

Interjection.

The Speaker (Hon. Ted Arnott): If you’re seeking unanimous consent of the House, you have to tell us.

Mr. Gilles Bisson: Mr. Speaker, we had already worked it out ahead of time, but I seek unanimous consent to stand down the two leads.

The Speaker (Hon. Ted Arnott): Is there consent to stand down the two leader’s questions from the official opposition? Agreed? Agreed.

I’ll now recognize the member for Kitchener Centre.

Ms. Laura Mae Lindo: My question is to the Minister of Education. Today, we are joined by students from the Toronto Youth Cabinet and the Ontario Student Trustees’ Association. They’re here to highlight the failure of this government, and the previous Liberal government before them, to meaningfully address anti-Black racism and racial equity in our schools. This government’s piecemeal approach to reviewing one school board only when it makes the news just won’t work. It’s time to stop with the band-aid solutions and take coordinated action to address racism in our schools with a real province-wide strategy.

Will the Minister of Education commit today to establishing, in consultation with members of the community, a provincial strategy to address racial inequities in our schools?

Hon. Stephen Lecce: I want to thank the member for the question. I think all members of this Legislature are resolved to combat all forms of racism, discrimination and xenophobia that exist within our schools, in our communities and within this country.

I appreciate that the youth leaders of this province, including the Toronto Youth Cabinet and the student trustees, have raised this issue. It is not a challenge that manifests in one jurisdiction. It is a provincial and perhaps national and global challenge we must combat.

To answer the question: I am very much committed to working with the member opposite and every legislator to combat it province-wide, to take steps to ensure the resources and de-escalation training are in place so that we can root out the scourge of racism that exists in every school in this province.

The Speaker (Hon. Ted Arnott): Supplementary question? The member for Davenport.

Ms. Marit Stiles: With all due respect, the Toronto Youth Cabinet and student trustees of this province don’t need a lecture from this Minister of Education about the extent to which racialization of students and inequity is a province-wide issue.

We have heard from parents, students and teachers in Toronto and across the province about the urgent need to address systemic racism in the education system. You cannot do that by cutting programs meant to support racialized students, by removing teaching and support staff from classrooms or by ignoring these student voices.

Will the minister listen to those voices, commit today to reverse his cuts to education and invest in a province-wide strategy to address racial equity and anti-Black racism in our schools?

Hon. Stephen Lecce: There is a real challenge of anti-Black racism taking place within our schools. I’ve heard this from principals, from teachers, from support staff and, of course, from parents and students themselves. I’ve consulted in Peel and other regions of this province, and the overwhelming consensus is that there must be action. The government is resolved to combat it, to work with the members opposite.

However, the question from the member from Davenport mentions the importance of having educators onside. We believe diversity of candidates must be part of the ability of principals to select. If I could quote Nancy Brady, president of the Ontario Principals’ Council, this regulation 274 leaves “no ability to hire teachers who reflect the equity and diversity of the student population.”

The question for the member opposite is: Will you work with the government to ensure that we can help improve that regulation by giving more authority to principals to hire merit-based candidates of diversity in this province?

Community safety

Ms. Lindsey Park: My question is for the Solicitor General. It’s so great to be back in the Legislature, but I must say, I really enjoyed my time back in the Durham community, meeting individually with constituents and also working together with my fellow Durham region colleagues—the member from Whitby, the President of the Treasury Board and the Minister of Finance—to really try to tackle region-wide issues. One of the things we are pleased to announce as a group is new funding for the Durham Regional Police Service, a $9.5-million grant that’s really focused on combatting gun-and-gang violence, supporting community safety and assisting community members in crisis.

Can the Solicitor General please share how this funding is not only supporting Durham region but the whole province?

Hon. Sylvia Jones: What is most exciting for these particular grants is that they are community-driven community initiatives. So the police and the police services and the communities work together on what their priorities are. Whether that is community safety, guns and gangs or human trafficking, they apply and those applications are then balanced. That’s why it is so positive to see regions and municipal forces proactively working with their communities and focusing on what is most needed within those communities.

Durham is, of course, just one example where we have invested across Ontario, from Durham to Dryden, and it’s a pleasure to be part of those investments as an Ontario government.

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

Ms. Lindsey Park: I want to thank the Solicitor General for highlighting the important work she’s doing to keep our communities safe.

We all know that there are some types of crimes that really span the province between many communities and municipalities, impacting law-abiding Ontarians across the province. We know that criminals often do not respect geographic or municipal boundaries. That’s why it’s important that there is a coordinated response across the province, and it really sometimes requires provincial leadership to ensure that communities across the province have those resources to better coordinate.

Can the Solicitor General please share how Ontario’s new Community Safety and Policing Grant program provides police services like the Durham Regional Police Service with tools and resources to tackle larger, complex and province-wide issues?

Hon. Sylvia Jones: As I said, the Community Safety and Policing Grant program allows communities to focus in on what is most critically needed at that time, and that’s what Durham region has done. But as the member rightly highlighted, the ability and need for police services to work collaboratively on investigations is something that I’m very excited to see, and frankly, we have already seen some very positive outcomes of those joint investigations that have led to a lot of very positive outcomes where we were able to actually track down criminals who do not respect municipal boundaries.

When we start to see those joint investigations actually laying charges and getting people off the streets, it ultimately makes our communities safer, and it’s why this joint operation and this working-together, whether it is the OPP or neighbouring municipal forces working together, is so critically important—

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

Indigenous affairs

Mr. Sol Mamakwa: My question is to the Premier. Last week, I dropped by Tyendinaga Mohawk Territory to visit the land defenders who were standing in solidarity with the Wet’suwet’en Nation. But also they’re bringing attention to the unacceptable conditions that Indigenous people are living in: no access to clean drinking water, no proper access to health or dental care, no meaningful access to the job market, and 150 years of disrespect for treaty rights.

Mr. Speaker, actions like this happen because the government has no real commitment to reconciliation. What actions is this government taking with Indigenous people to truly achieve reconciliation?

The Speaker (Hon. Ted Arnott): The Minister of Indigenous Affairs.

Hon. Greg Rickford: With respect to the Tyendinaga blockade, we moved quickly to leverage support and facilitate Indigenous leadership to bring a resolution to that blockade, given the uncertainty of the federal government’s presence and commitment to that particular blockade.

Subsequently, I have had an opportunity to speak with the federal minister and urged him to address, with the Prime Minister, serious and profound national questions on the scope and power of hereditary chiefs, the application of Indigenous law in general and the resource projects that were underpinning this blockade and inspiring other, more dangerous, blockades we had seen arise across this province and across the country.

Mr. Speaker, I can report that as recently as Sunday evening, the Premier and I spoke to the Prime Minister and urged him to take a coordinated leadership role so we could bring these blockades to an end.

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

Mr. Sol Mamakwa: Back to the Premier: I hear you, but Ontario’s actions do not mean a lot to people with no clean drinking water, to youth with suicidal thoughts, to those who don’t have the mental health supports they need in their communities, or to the youth who have already died by suicide. The natural resources that live in our treaty territories will not be developed until these issues are reconciled.

Reconciliation with Indigenous people and this government isn’t working. Reconciliation in Ontario and Canada is dead.

I ask again, yes or no, is Ontario ready for real reconciliation by sharing the lands, the resources and the power with Indigenous peoples?

Hon. Greg Rickford: The answer to that question is yes, and it’s on full display. I would urge the member to reach out and talk to a number of groups, including Supercom, an organization in northwestern Ontario who will be employing a couple of hundred of people to work on the east-west tie. I would encourage the member to speak to a couple of communities in his own riding who are on the precipice of moving forward with significant developments in the Ring of Fire.

I would encourage the member opposite to ensure that he is listening to his constituents who are asking for full participation—and getting it from every ministry in this government, including the Ministry of Natural Resources that’s working with the leadership of Nishnawbe Aski Nation to ensure that, moving forward, the Far North Act is not going to be a piece of legislation that was previously shoved down the throats of those isolated and remote communities, but will reflect the best intentions of this government in those communities to ensure that development in the north is guided by and part of the decision coming from Indigenous communities in the Far North. Imagine that, Mr. Speaker.

Employment standards

Mr. Mike Schreiner: I’d like to welcome everyone back.

My question is for the Deputy Premier. Public health experts tell us that onerous sick-leave policies increase the risk of spreading illness. The province’s own public health web page about the flu explicitly tells people to stay home if they feel ill, and yet the government completely ignored best practices when it cancelled paid sick-leave days and gave employers the power to make sick notes mandatory.

The rollback of basic workplace protections increases the risk of spreading illnesses to others at a time when we are experiencing a hallway medicine crisis and overcrowding in our hospitals. I ask the Deputy Premier: Why did the government go against the advice of public health experts by repealing workplace protections that prevent the spread of illness?

Hon. Christine Elliott: I thank the member very much for the question. Of course, in every situation where people are feeling unwell, they should be staying home, especially at a time where we have increased concerns and fears with respect to the coronavirus. We want people to make sure that they self-isolate if they’re not feeling well. That is really important. Thus far, we have been seeing that happening in the province of Ontario. People are being responsible. They are taking the necessary measures that they need in order to get well themselves, but also to prevent the spread and transmission of whatever illness it is that they have.

With respect to the sick-leave note issue, that is something that is not mandatory. That is something that employers can choose to bring forward. Many are not doing that, so we anticipate that any issues with respect to that will be mitigated, particularly under the circumstances that we’re dealing with, with the coronavirus, by the employers of Ontario.

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

Mr. Mike Schreiner: Speaker, I ask the Deputy Premier whether she is listening to health care workers. A hundred and seventy-five health care workers recently signed an open letter to the Premier in which they stated, “In the context of recent concerns with the novel coronavirus in Ontario, we consider the current provincial labour laws to be a serious threat to the health and safety of Ontarians.”

Evidence backs this up. A poll conducted by Ipsos for the Canadian Medical Association found that eight in 10 Ontarians said they would likely come in to work when ill if their employer required a sick note.

The medical professionals are clear. People should stay home when they are sick. I ask the Deputy Premier: Will you listen to health care experts and bring back paid sick-leave days and put an end to sick notes from employers?

Hon. Christine Elliott: First I would reiterate the fact that the sick notes are not mandatory. That is something that can be brought forward by employers. Employers are showing great co-operation and collaboration as we’re dealing with the novel coronavirus. We don’t want it to spread any more. We have been very fortunate so far that we have had only three confirmed cases in Ontario. We hope that continues, but that’s difficult to say.

What I can tell you is, the system is working. We are taking the necessary precautions. We are listening to people on the front lines and we are listening to our public health units. Do we agree with all of the comments that were made in that letter? Some of which we do agree with, some of which we don’t agree with because we know that we are taking the necessary precautions both for the safety of the people who may be affected by the coronavirus, but also for our front-line health care workers. We want them to be safe and able to do their jobs. That is what we’re focusing on and we will continue to focus on that as we deal with this situation.

Infrastructure funding

Mr. Sam Oosterhoff: My question is to the Minister of Infrastructure. I know that our government understands the importance of investing in community infrastructure to help rural communities such as Niagara West get ahead. It’s one of the best ways that we can drive rural economic development. With more than 420 small, rural and northern communities across Ontario facing unique challenges in their local infrastructure systems, I want to hear more about what the minister has been doing to invest across Ontario.

Ontario’s economy is thriving. We’ve created more than 300,000 new jobs in the province, and with this new era of economic prosperity, we must ensure that every person in every region across the province shares in the opportunity.

Could the minister tell the House a little bit more about how our government is supporting small, rural and northern communities through investments—significant investments, I might add—to build, maintain and repair local roads, bridges, water and waste water systems?

Hon. Laurie Scott: I’d like to thank the member from Niagara West for his question. As Minister of Infrastructure, I’ve heard from many municipalities that they need sustainable funding to support the building of roads and bridges in their communities. That is why, last fall, our government confirmed about $200 million in total formula-based funding for 2020 through the Ontario Community Infrastructure Fund. This funding allows communities to move forward with critical infrastructure projects while providing flexibility to address their local needs.

Mr. Speaker, I am proud to tell this House that we’ve fulfilled our commitment to predictable and stable infrastructure funding for small, rural and northern municipalities. Just last month, Premier Ford and I joined the member from Parry Sound–Muskoka and announced the OCIF 2020 allocation for all 424 eligible communities. With this funding, we are working directly with our municipal partners to help them build much-needed community infrastructure that will build healthier and more vibrant and safer communities.

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

Mr. Sam Oosterhoff: Thank you to the minister for her response. I was pleased to see that across Niagara we received more than $9.6 million in this incredible funding, and also $2.5 million came through this formula to the five municipalities in my riding. Among the communities in Niagara West receiving funding, the town of Grimsby received more than $1.1 million, the town of Lincoln received more than $616,000, the town of Pelham, more than $480,000, and West Lincoln and Wainfleet combined received more than $322,000.

I know that this injection of funding for the municipalities in my riding provides a great opportunity to build, renew and expand the crumbling infrastructure in rural Ontario after 15 years of Liberal neglect.

Could the minister please explain why this funding is so important for ridings such as Niagara West, and how this investment will improve the current condition of community infrastructure across Ontario?

Hon. Laurie Scott: I’m glad the member asked this important question. I can say with certainty that our government understands that predictability and stability in community infrastructure funding goes a long way for small, rural and northern communities. We have heard this sentiment time and time again when talking to our municipal partners.

Mr. Speaker, you know that the Ontario Community Infrastructure Fund was specifically designed to support the local priorities of small, rural and northern communities who face unique challenges in getting infrastructure built. The Ontario Community Infrastructure Fund is an excellent example of how formula-based funding helps our small, rural and northern communities prioritize their infrastructure, including roads and bridges, and critical water, waste water and stormwater systems. By providing municipalities their allocation in a timely manner, we help support the long-term planning and budgeting for our municipal partners.

Mr. Speaker, this year at ROMA we received overwhelming support in engaging with our municipalities and helping them with their local priorities in a timely fashion, and we’ll—

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

We’re now going to revert to the leader’s questions from the official opposition. I recognize the leader of Her Majesty’s loyal opposition.

Education funding

Ms. Andrea Horwath: My question is to the Premier. Parents and students are looking at another week of chaos and cuts in the classroom, and instead of listening, the Premier keeps ignoring the overwhelming evidence that his cuts are in fact real and that they’re hurting our kids.

The Premier said yesterday that funding has increased for schools, in response to one of my questions. So can he explain why the chair of the Halton District School Board said just yesterday that their board gained 1,000 new students and funding went down by $1.5 million?

Hon. Doug Ford: I want to thank the Leader of the Opposition for the question. My friends, these strikes are impacting families. They’re impacting the economy right across Ontario. When people can’t go to work, it costs them money, and that’s not fair to the families and it’s not fair to the kids.

We want a deal that keeps the kids in the classroom. I keep repeating that. We want a deal to make sure that kids are in the classroom day in and day out.

We’ll continue to invest more in the priorities of parents. What parents I talk to want to see—they want math, they want STEM and they want mental health. Students deserve to be in the classroom. We’re going to continue to negotiate in good faith with the union leaders, and at the end of this disruption—

The Speaker (Hon. Ted Arnott): Response?

Hon. Doug Ford: —and keep our kids in the classroom, Mr. Speaker.

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

Ms. Andrea Horwath: Speaker, what parents want is an end to the cuts. They don’t want to see classroom sizes balloon. They don’t want to see mandatory online learning. They don’t want to see supports for kids at high risk to be removed. They want to see the quality of education in this province protected.

Yesterday the Premier also claimed, yet again, that not a single teacher has lost their job as a result of his cuts. Does the Premier recognize the name of Jonathan LeFresne?

Hon. Doug Ford: Mr. Speaker, we’ve increased education by $1.2 billion. I know math is not the NDP’s strength, or the Liberals’, but it’s $1.2 billion more than any government in the history of Ontario.

We’re maintaining the smallest classroom sizes in the entire country. In the entire country, we’re going to maintain the smallest classroom sizes. We invest more in student success in math and special education than anyone else in the country. We listen to the parents and the students, and we’ve been reasonable at the bargaining table.

We reduced the classroom size from 28 to 25. We reduced mandatory online learning from four to two. Online learning gets kids ready for the next generation. When they go into the work world, when they’re going to colleges and universities, they’re going to be studying online. To be very frank, I think everyone who has kids who are in university—

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

Interjections.

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

Ms. Andrea Horwath: Speaker, just to remind the Premier, Mr. LeFresne is one of many teachers who lost a full-time permanent job just last year. In fact, I’m going to send across a photo via the page to show him a person who is literally standing in front of the Premier’s constituency office with a sandwich board sign that says: “If ‘not one teacher will lose their job’ then why am I here and not at school?”

Does the Premier have an answer for Mr. LeFresne, or is he ready to admit that he actually might have his facts wrong?

Hon. Doug Ford: The Leader of the Opposition knows that in this chamber we don’t hire the teachers; we give the funding. The funding increased $1.2 billion until no teacher would lose their job but the Leader of the Opposition knows the boards are the ones that hire the teachers, not us.

But, Mr. Speaker, we are investing $3.1 billion in special education funding—the highest levels this province has ever seen.

We’ve announced a four-year, $200-million math strategy until our grade 6 students don’t have the lowest scores in the country. We’ll make sure they have the highest scores in the country. We’re creating a new math curriculum for grades 1 to 8 which will be ready for next year, again helping our students lead the country when it comes to math.

Education funding

Ms. Andrea Horwath: My next question is also to the Premier. But maybe a little bit of learning for the Premier: When you cut school funding, when schools don’t have the money, or when you increase class sizes, guess what happens? Teachers get fired. That’s what happens and that’s what’s happening right now here in the province of Ontario.

The Premier and his education minister also insist that Alabama-style mandatory online learning is backed by parents, teachers and students. So can the Premier tell us exactly how many parents surveyed by the Toronto District School Board actually agree with him in this assertion?

The Speaker (Hon. Ted Arnott): Minister of Education.

Hon. Stephen Lecce: Let me just correct the Leader of the Opposition: Halton District School Board funding actually went up $2.1 million. And I’d like to hope that when she asks a question, she wouldn’t want to mislead this House, Speaker, because the fact is—

The Speaker (Hon. Ted Arnott): I’m going to ask the Minister of Education to withdraw—

Hon. Stephen Lecce: Withdraw.

The Speaker (Hon. Ted Arnott): —and conclude his response.

Hon. Stephen Lecce: The point, Speaker, is that investment is up in Halton, it is up in Hamilton and it is up across this province. We’re doing that because we believe in public education. What we also expect is accountability for the taxpayer and for the parents of this province.

We want more for our kids. We are not the party of complacency and the status quo. We believe in embracing the market. We know where the puck is going when it comes to jobs. We’re going to embrace it. But, most importantly, we’re going to ensure we get a deal that keeps our kids in class.

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

Ms. Andrea Horwath: Well, Speaker, I guess the Minister of Education is not doing his homework. I’m going to send him a tweet that was posted just the other day from the board—

Interjections.

The Speaker (Hon. Ted Arnott): Stop the clock. The government side will come to order.

Restart the clock. Leader of the Opposition.

Ms. Andrea Horwath: —from the board that says, very clearly, the “board gained 1,000 students and funding went down $1.5M.”

We all know that the Minister of Education and the Premier like to spin a lot, but the facts are the facts. You can have a look at what the facts are. Just so that the Premier is clear, 87% of students disagree with the government’s e-learning initiatives, 81% of parents disagree with those initiatives and 97% of secondary school teachers disagree with him as well.

Sorry, Speaker, that was supposed to go to the Minister of Education. I’m sure you’ll find it interesting, though.

But look, it’s not just Toronto. The chair of the York Region District School Board wrote to the education minister just last week, begging the government to pause this scheme of e-learning.

Is the Premier ready to admit that he may just have his facts wrong yet again?

Hon. Stephen Lecce: Mr. Speaker, 100% of parents want a deal that keeps their kids in class, and every member of this caucus agrees. That’s why, in this negotiation, we are fighting. We are fighting in this negotiation to ensure that while we invest more, we expect more and we get more for taxpayers and for students who deserve more.

Mr. Speaker, I can’t conceive why there are forces in this Legislature who would not want to help nurture greater talent when it comes to technology and the fluency required in the marketplace.

But when it comes to what we’re trying to do at the negotiating table—provide a deal that keeps kids in class and provide an incentive to improve the quality of our educators, ensuring that the hiring of teachers is premised, Mr. Speaker, in this province on qualification, on merit and on equity, and not on who has been in the line the longest.

Mr. Speaker, it’s about ensuring that when we spend nearly 80 cents on the dollar on compensation, we get greater value. When 50% of our students are not meeting the provincial math standard, we know in this party that we can do more, we can do better and our kids deserve it.

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

Ms. Andrea Horwath: My final supplementary is back to the Premier. The Premier needs to stop defending these cuts and start thinking about Ontario’s kids. The Premier is wrong on mandatory e-learning, he’s wrong on the classroom cuts, and he’s wrong on the teacher layoffs. It’s very, very obvious. What parents, students, teachers and education workers need is something better than what this minister keeps repeating over and over again.

What we need is a commitment from this Premier. Will he finally admit that we do need a new approach, stop trying to defend these indefensible cuts and changes, and bring in a new minister with a new mandate to actually get a deal that doesn’t hurt our students and doesn’t erode the quality of education in the province of Ontario?

Hon. Stephen Lecce: Mr. Speaker, what is categorically indefensible is the maintenance of a hiring practice that prioritizes seniority in a union over qualifications. That is unacceptable to the people of this province.

And do not take it from me; let us heed the advice of Nancy Brady, president of the Ontario Principals’ Council, who said, “New teacher college graduates cannot be considered for permanent teaching positions even when they are the best candidates to meet ... school need