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Law Times: Damages awarded in racial profiling case

A ruling in a civil damages case awarding $80,000 to a man racially profiled by a Toronto police officer is believed to be the largest of its kind so far in Ontario.

Lawyers say the ruling in Elmardy v. Toronto Police Services Board 2017 will have important effects on how damages are sought in relation to racial profiling by police.

Source: Law Times (article available in English only)

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Legal Aid Ontario hosts community meeting about legal services for Ontario’s Black communities

Legal Aid Ontario would like to invite you to a community meeting that it is holding to get input on legal services to the Black community.

We want to hear your views in order to begin the important work of setting up a new, independent, Black-focused and Black-led clinic. We also want to tell you about the services that LAO is currently providing to increase access to justice for members of Ontario’s Black community, including through partnerships with the Human Rights Legal support Centre, members of the private bar, and the Test Case Program.

If you are interested in participating in this community meeting, the details are as follows:

  • Date: Wednesday September 27, 2017
  • Time: 6 p.m. to 9 p.m.
  • Location: Toronto Reference Library, 789 Yonge St, Toronto, ON

Legal Aid Ontario will provide TTC tokens for those who would like to attend and would require assistance with transportation costs.

An American Sign Language (ASL) interpreter will be interpreting the presentation for the audience.

David Field, President and CEO
Legal Aid Ontario

More information

Moya Teklu
Staff Lawyer
Email: teklum@lao.on.ca
Phone: 416-523-9764

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LAO releases domestic violence strategy blueprint

As part of its domestic violence strategy, Legal Aid Ontario (LAO) has developed a three-year action plan. The blueprint comes after months of consultations with survivors, partners in the Violence against Women community and other legal and community service providers. During these consultations, LAO received a lot of feedback on how the organization can enhance its support for domestic violence clients.

“LAO recognizes that survivors are the experts in their own experience of domestic violence—and they have an important role to play in the development of solutions,” says Michelle Squires, who leads the domestic violence strategy. “Our action plan focuses on making it easier for people to get help from us—particularly on a local level, where we can work with community agencies to develop a support system that works together to help those who need it.”

Squires says that the action plan also looks at finding ways to ensure that those who help survivors are specifically trained on how they can best help.

To date, LAO has already made it easier for domestic abuse survivors to get help from a lawyer by expanding financial eligibility guidelines and prioritizing domestic violence clients for quicker service.

A plan for change

Over the next three years, LAO’s aim is to expand and improve services for domestic violence clients.

The plan will:

  • make it easier for those subjected to domestic violence to access services
  • improve the way LAO staff, community legal clinic staff, and lawyers provide help by training them to understand the complicated legal needs of domestic violence clients
  • look at ways for LAO to work with community groups to provide the supports that don’t currently exist

By continuing to work in strong partnership with partners in the justice and social service sectors—and directly with those who are subjected to domestic violence—LAO’s strategy will help address the many connected legal issues that clients currently face.

More information

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CBC: Striking differences in rates of suicide attempts between provinces revealed in mental health findings

Teens and young adults have highest rates of suicide attempts, most difficulty getting mental health care

Young people between 16 and 24 years old have more challenges than other age groups in getting mental health and addiction services in Canada, a new study comparing mental health care across five provinces has found.

“Wherever we looked, they were the group that had the poorest access to care,” said Dr. Paul Kurdyak, senior scientist at the Institute for Clinical Evaluative Sciences (ICES) and co-author of the report.

“This is a real problem because this is the age at which mental illnesses have their first onset. So you want really rapid access,” said Kurdyak, who is also a psychiatrist at the Centre for Addiction and Mental Health (CAMH) in Toronto.

Source: CBC (article available in English only)

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Promoting Diversity in the Judiciary

Province Working to Recruit More Judges from Indigenous and Diverse Communities

Ontario is working to promote greater diversity and improve gender balance in appointments to the Ontario Court of Justice.

Working with the Ontario Court of Justice and the Ministry of the Attorney General, the province’s independent Judicial Appointments Advisory Committee (JAAC) is taking steps to encourage legal professionals from diverse communities to apply to become judges, including:

  • Changing the judicial application form to include an option to self-identify as Indigenous, belonging to a racialized community or other ethnic or cultural group, a person with a disability, LGBTQ2+, or by gender
  • Increasing outreach, advertising and informational sessions to law associations and students across the province to reach a wider and more diverse audience
  • Participating in a roundtable with representatives from the bar and federal government on increasing the diversity in provincial and federal judicial appointments
  • Collecting race-based data on judicial applicants and new appointments to strengthen future reporting on diversity.

In addition, the committee is consulting with the Ontario Human Rights Commission to strengthen committee member training and education to ensure that the process of recruitment of new judges addresses possible systemic barriers.

The province’s independent Justices of the Peace Appointments Advisory Committee (JPAAC) will be amending the justice of the peace application form to include the same option for applicants to self-identify by this fall.

Building on the work of Ontario’s anti-racism strategic plan, increasing diversity in appointments to the province’s courts seeks to break down barriers for Indigenous peoples, racialized groups, Francophone communities, women and other minority communities across the province.

Quick Facts

  • The JAAC is composed of seven members appointed by the Attorney General, two judges appointed by the Chief Justice of the Ontario Court of Justice, one member appointed by the Ontario Judicial Council and three from the legal community appointed by The Law Society of Upper Canada, Ontario Bar Association and the County and District Law Presidents’ Association.
  • Ontario Court of Justice judges and justices of the peace are appointed by the Attorney General on the recommendation of the JAAC and JPAAC, respectively.
  • The justice of the peace application form currently includes an option to self-identify as Indigenous, and of the justices of the peace appointed on June 30 and July 28, 2017, seven are Indigenous peoples.
  • Since July 2016, the Attorney General has appointed 32 judges to the Ontario Court of Justice, including four bilingual judges, and one regional senior justice.
  • As of July 28, 2017, the Attorney General has appointed 38 justices of the peace to the Ontario Court of Justice.

Additional Resources

Quotes

“One of Ontario’s greatest strengths is its diversity. It is important that this diversity be reflected in our judiciary – to the benefit of our entire justice system and the communities it serves. Together, with the Judicial Appointments Advisory Committee, we are building a more accessible and modern justice system that is responsive to the needs everyone in Ontario.”

Yasir Naqvi, Attorney General

“We are working diligently to improve the judicial application process to attract diverse and expert applicants from the Ontario legal community. Our efforts also include additional training to understand the implications of unconscious bias in the recruitment and selection process.

Thank you to the province and the Ontario Court of Justice for their support in our efforts to recruit a diverse and gender balanced selection of candidates for appointment to the judiciary.”

Fareed Amin, Chair, Judicial Appointments Advisory Committee

“To build trust in the justice system, it is important that our judiciary reflect the full diversity of our community. The Ontario Human Rights Commission is pleased to provide its expertise to the Judicial Appointments Advisory Committee to assist with achieving this important goal. We remain committed to using our promotion and education functions to assist the legal profession and judiciary to identify and challenge systemic discrimination.”

Renu Mandhane, Chief Commissioner, Ontario Human Rights Commission

Media Contacts

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Globe and Mail: Ontario’s top court tosses out convictions in sex-assault case

Ontario’s top court has thrown out sexual-assault convictions against a man accused of abusing his five-year-old cousin, in the latest case in which trial judges have been criticized for applying unfair legal standards to accused male perpetrators.

In this case, as in previous ones, the Ontario Court of Appeal points to an overemphasis on believing the victim, which has the effect of making the accused demonstrate his innocence, and runs counter to a central principle of the criminal-justice system – that the prosecution bears the burden of proving guilt. It also challenges a view among sexual-assault crisis centres and others that victims are too often not believed.

Women’s advocates say that when appellate courts toss out convictions in sexual-assault cases, it deters victims from coming forward to police.

Source: Globe and Mail (article available in English only)

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Canada’s All-White Supreme Court Must Evolve

Only white people have ever sat on the Supreme Court of Canada. Some believe it is high time this should change, while others continue to defend the idea of “merit” as the basis for appointments, evidently finding nothing suspicious about an ostensibly meritocratic system in which only white people rise to the highest positions. The fact is the homogeneity of the lily-white court is a severe weakness and has the practical effect of ensuring a white and privileged worldview remains ascendant in Canadian law.

Source: Huffington Post (article available in English only)