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Inquest into the death of Jermaine Carby

Last modified: July 5, 2016

In 2014, Jermaine Carby, a 33-year-old Black Canadian, was a passenger in a car that was pulled over by police during a routine traffic stop in Brampton. He was shot and killed after police said he refused to drop a knife he was holding. In the inquest that followed in 2016, a coroner’s jury determined that Mr. Carby’s death was a homicide.

The coroner’s jury made 14 recommendations following the inquest—most of which called on police to look into ways to de-escalate potential conflicts and to choose “the lowest level of force appropriate if use of force should be required.”

LAO provided funding to the Carby family to retain lawyer Faisal Mirza to represent them at the inquest. Funding was also provided for a number of experts to testify and work with Mr. Mirza on the impact of race in policing and the justice system. In addition, given the tight timelines, LAO’s staff lawyer, Armando D’Andrea, and the staff lawyers from the African Canadian Legal Clinic, provided assistance.

Quotes

“The Coroner’s inquest into the death of Jermaine Carby dealt with ground breaking issues regarding anti-Black bias in policing in the context of street check or carding enforcement, and use of force in relation to individuals with a known history of mental health issues.

This inquest established a record that persuaded the jury to recommend the Peel Police and Ontario Police College provide officers with better unconscious bias training while ensuring objective evaluation of its effectiveness. On behalf of the Carby family and myself, I thank Legal Aid Ontario for funding this important test case litigation and its commitment to access to justice.”

— Faisal Mirza, lead lawyer for the Carby family

“Legal Aid Ontario is very concerned about the practice of “carding” or “street checks” and the discriminatory impact it has historically had on racialized peoples — and in particular, Black Canadians. For this reason, one of the first initiatives of our recently launched Racialized Communities Strategy was to make Submissions to the Government of Ontario setting out comprehensive recommendations for ending discrimination in the practice of carding.

The Inquest into the death of Mr. Carby raised serious issues about unconscious bias and the treatment of people with addiction and mental health issues. I am happy we were able to support the family of Mr. Carby to raise these important systemic issues which we will continue to explore through our vulnerable client strategies.”

— Kimberly Roach, Policy Counsel, Legal Aid Ontario, Racialized Communities Justice Strategy

More information

Letter to the editor
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Legal aid doing its bit

Last modified: July 5, 2016

The following letter to the editor appeared in slightly shorter form in the Toronto Star on June 29.

Re: CAS study reveals stark racial disparities for blacks, aboriginals

Legal Aid Ontario (LAO) applauds the Toronto Star for calling attention to the overrepresentation of children who are Aboriginal or Black in the child protection system.

While the numbers reported in the media are stark, we need to do far more than collect and bemoan child welfare statistics. As part of LAO’s Aboriginal Justice Strategy, we have noted the overrepresentation of Aboriginal children taken into care by child protection agencies and supported the community by providing funding for a child protection alternative dispute resolution program in the north.

And now, as part of a recently launched project aimed at enhancing services for racialized communities we are hearing that similar issues are being experienced in particular by Black families.

When LAO decided to increase its coverage for certain legal issues last June, for instance, we made sure to add more coverage for families involved in child protection cases. This means parents and caregivers can hire a lawyer to give them advice when they are being investigated by child protection agencies, and where appropriate, help them negotiate agreements rather than fight out their family’s problems in family court. Likewise, caregivers in children’s families such as grandparents, aunts, uncles and siblings are now eligible for legal aid. They can hire a lawyer to help them keep their children in the care of their extended family or home community.

We applaud the Ontario Association of Children’s Aid Societies for implementing programs to collect information throughout Ontario about the race of families under investigation and the treatment of Aboriginal and racialized children. We hope that other participants in the justice and child welfare system also take action and provide practical support to all of Ontario’s children and their families.

— David Field, President and CEO, Legal Aid Ontario

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Access to remedies under the Human Rights Code

Last modified: June 14, 2016

In 2015, LAO funded the joint intervention by the Mental Health Legal Committee (MHLC) and the HIV & AIDS Legal Clinic Ontario (HALCO) in the judicial review of K.M. v Kodama before the Ontario Divisional Court.

A transgender man, K.M., applied to the Human Rights Tribunal of Ontario alleging that, while providing medical services, Dr. Kodama had discriminated against him. Prior to this application, K.M brought a complaint to the College of Physicians and Surgeons, which found the doctor hadn’t intentionally treated the patient in a discriminatory manner.

Dr. Kodama asked the Tribunal to dismiss K.M.’s human rights application on the grounds that the College had already dealt with the substance of the application.

LAO provided support for MHLC and HALCO’s motion to intervene because both parties provide a unique perspective to this case given the areas they work with—specifically, communities which interact with the medical profession. As intervenors, they argued that making a professional complaint and seeking personal human rights remedies before the tribunal were two different processes for two different purposes.

The Divisional Court upheld the Human Rights Tribunal of Ontario’s decision to allow human rights applications to proceed despite the fact that a complaint had already been made to the College.

Quotes

“Health professionals and police associations claimed that professional conduct complaints closed the door on human rights applications arising from the same facts, regardless of the outcome of the complaint. Consequently, members of marginalized groups were being caught unaware.

The intervention by the Mental Health Legal Committee and HALCO focused on the vastly different purposes of professional complaints and human rights applications and the limited role complainants have in the professional discipline process, contributing to a successful outcome. Legal Aid Ontario’s test case funding made the intervention possible.

By requiring human rights respondents to prove the professional complaint process dealt with all aspects of the case, the Divisional Court has promoted access to justice. Victims of discrimination will not be forced to choose between protecting the public by making a professional complaint and seeking a personal remedy for breaches of their human rights.”

— Marshall Swadron, Mental Health Legal Committee

“We strongly supported the Tribunal’s decision to hear the complaint and made our position clear to the Divisional Court when the case was heard in April 2015. We were extremely fortunate and grateful to team with Marshall Swadron and Mercedes Perez of Swadron Associates, Barristers & Solicitors, for this intervention.”

—Ryan Peck, Executive Director, HALCO

More information

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Protecting the privacy rights of sex-assault victims

Last modified: June 14, 2016

In 2014, the Supreme Court of Canada ruled that sexual assault victims cannot have police records unrelated to the case used against them in court.

LAO supported the Barbra Schlifer Commemorative Clinic for Women as an intervener in the Quesnelle appeal. Vincent Quesnelle was convicted of sodomizing two women and sentenced to six years—but the Ontario Court of Appeal overturned that ruling and ordered a new trial, saying he had been wrongly denied access to the victims’ police records in unrelated matters.

The Supreme Court, in a unanimous ruling, restored the conviction and said that unrelated “police occurrence reports” should be kept from the accused and their lawyer.

The Barbra Schlifer Commemorative Clinic argued that defence counsel’s use of private records to discredit and re-victimize complainants often results in women dropping the charge by refusing to participate.

Quotes

“The clinic serves women from diverse backgrounds and highly marginalized communities.

Its clients experience multiple social inequalities, including poverty, homelessness, racism, and discrimination on the basis of mental health or disability. They frequently have a heightened involvement with immigration authorities, child welfare agencies, the police and other service providers as a result of current or historical abuse.

As such, their lives are often the subject of intense scrutiny and extensive documentation. They are, therefore, more vulnerable to having their records used to challenge their credibility and/or to trigger prejudicial myths and stereotypes in sexual assault proceedings.

This case tested the crown’s right to routinely subpoena past occurrence records of police. Without Legal Aid Ontario’s Test Case funding program, we quite simply would not have been there for this important intervention and, ultimately, success on behalf of the most vulnerable.”

— Amanda Dale , Executive Director, Barbra Schlifer Commemorative Clinic

More information

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Superior Court of Justice recognizes importance of race in awarding fair sentence

Last modified: June 13, 2016

The accused:

“I am a young man who has made poor choices for himself but I am making changes to better myself. I do not want to be that 30 year old Black man who is a lost cause as I have potential to do something with my life.”

The Court:

“He thereby raises not only a point about himself, but about the need to ameliorate the over incarceration of young men in the African Canadian community.”

Final Court decision:

http://www.canlii.org/en/on/onsc/doc/2016/2016canlii30545/2016canlii30545.html

Legal Aid Ontario developing strategy for racialized communities
Racialized Communities Strategy, Racialized Communities Strategy, Racialized Communities Strategy, Racialized Communities Strategy, Racialized Communities Strategy, Racialized Communities Strategy

Legal Aid Ontario developing strategy for racialized communities

Last modified: June 13, 2016

Legal Aid Ontario (LAO) is developing a strategy to identify the legal needs and to protect the legal rights of racialized communities in the justice system.

“Clients from racialized communities are often over-represented and face unequal treatment in the justice system,” says John McCamus, LAO’s Chair. “Because of this, LAO needs to develop a strategy to enhance legal services for these communities.”

Over the past two decades, there have been a number of high profile reports that recognize racialized communities are over-represented and subject to different treatment in the justice system as a whole.

Next steps

Kimberly Roach and Wayne van der Meide have been leading the development of a strategy since June 2015. They are meeting with representatives of various racialized communities and organizations in addition to justice experts to learn about the most pressing needs of racialized communities.

LAO will consult with clients, the private bar, community legal clinics and community service providers to identify barriers faced by racialized communities in accessing justice and develop strategies to address those barriers. LAO will also identify gaps and enhance services, programs and resources to offer increased access to justice.

A consultation paper will be drafted to serve as a starting point for province-wide consultations.

More information

Questions

Josephine Li
Communications Advisor
Telephone: (416) 979-2352 ext. 6015
Email: media@lao.on.ca

Domestic Violence Strategy summary of feedback received from consultation
Domestic violence strategy, Domestic violence strategy

Summary of feedback received at LAO’s consultations on the development of a Domestic Violence Strategy

Last modified: May 16, 2016

Legal Aid Ontario (LAO), as the provincial legal aid agency, has a primary responsibility to promote access to justice for low-income Ontarians, including those who have experienced or are experiencing domestic violence. LAO recognizes the barriers and hardship experienced by domestic violence survivors, and prioritizes improving services and expanding access to justice for clients who have experienced domestic abuse. This priority is reflected in LAO’s plan to develop a Domestic Violence Strategy (DVS).

In February 2015, the LAO Board of Directors requested the development of a Domestic Violence Strategy for the organization. A discussion paper “Development of a Domestic Violence Strategy” was released publically by LAO in July 2015. The purpose of this consultation paper was to engage with community partners, including survivors, service providers, lawyers, legal clinics, advocacy organizations, professional associations, government agencies and any interested stakeholders to receive feedback and input on creating a strategy and on shaping the future delivery of LAO’s services and programs for domestic violence survivors. From September 2015 to January 2016, consultations were held across the province. During this time period:

  • 23 public consultations were held province-wide (three of which were conducted in French). Over 300 participants registered and attended

  • 15 additional invite only consultations with over 100 participants were held with individual organization/community groups

  • Written submissions were also encouraged and accepted. Approximately 20 submissions were received from individuals and/on behalf of organizations

The consultations involved providing an outline of the current LAO services available for domestic violence survivors, group discussion, answering participants questions, as well relationship building with stakeholders.

Overall, participants were extremely supportive of the numerous positive changes LAO has made in the past couple of years which impact domestic violence clients including the introduction of domestic violence training, increased financial eligibility and legal eligibility and the improvement of client service from the Client and Lawyer Support Centre. Participants shared feedback and provided input on LAO services, policies and potential changes and improvements.

Below is a brief overview of “what LAO heard” from the participants who attended a DVS consultation session or provided a written submission. The comments and feedback outlined below are not intended to be all encompassing of or to include all of the comments and feedback received from the consultation sessions. Rather, they are intended to reflect some of the key themes and most commonly raised comments heard across the province. In addition, the key themes raised here are by no means the only ones that will be addressed in the Domestic Violence Strategy.

The key themes raised during the consultation sessions are discussed in turn below include (listed in no order of priority or importance): Domestic violence training and managing LAO’s lawyer panels, financial eligibility, current LAO policies and procedures, LAO services for domestic violence clients, self-representation, community partner relations, public legal information/education and systemic responses to domestic violence.

“What LAO Heard”

Training and Managing LAO’s Lawyer Panels

  • Stakeholders and clients said that LAO staff, per diem duty counsel lawyers and lawyers on LAO’s Domestic Violence panels need on-going and sustainable domestic violence training

  • Participants said that contents of training should include: the impact of domestic violence on survivors and children, various types of domestic abuse, intersecting legal needs, cultural competency, risk factors, safety planning, and parental alienation.

  • Clients and survivors stated that they wanted access to more information about the lawyers on the Domestic Violence Panel, including their expertise and experience in domestic violence cases

  • Community partners and clients said that LAO needs to improve and expand the requirements for lawyers to join the Domestic Violence panel

  • LAO should develop “Best Practices” for lawyers to be accountable to

  • More lawyers with background and experience working with domestic violence clients is needed

Financial Eligibility

  • Stakeholders, clients and lawyers all said that financial eligibility for domestic violence should be increased, including eligibility for contribution agreement and liens

  • Participants unanimously agreed that eligibility for domestic violence clients should be the same across all areas of law (criminal, family and refugee/immigration law)

Current LAO Policies and Procedures

  • Lawyers said that the tariff (the hourly rate lawyers are paid) for domestic violence cases should be reconsidered accounting for case and client complexity as the clients are often traumatized and require further preparation time than other family cases.

  • Lawyers further advocated that additional hours should be provided on any Legal Aid certificate issued to a client who is identified as experiencing domestic violence

  • Stakeholders indicated that LAO’s Change of Solicitor (COS) policy should be more simple and timely for clients to access. A clear COS policy/guideline should be available and shared amongst stakeholder and community partners

  • Stakeholders and clients said that a revised COS policy should include special consideration when a client identifies as experiencing domestic violence

  • Stakeholders and clients stated that all individuals (including men, women and those who identify as LGBQT) should be screened for domestic violence. Additionally, domestic violence screening questions that are used should be expanded and enhanced

LAO Services for Domestic Violence Clients

  • Participants discussed that domestic violence clients must be able to access LAO services in a timely manner and with ease, in which every LAO access point is the “right door”

  • Stakeholders and clients discussed the difficulty experienced by domestic violence survivors have in finding a lawyer, and more specifically a lawyer who understands the impact of domestic violence, to represent them

  • Participants identified that further legal services and advice are needed for domestic/sexual violence survivors/complainants (including advice on reporting, making statements to the police, the criminal court process, advice when private records are being sought by the defence and/or how to prepare for a court appearance or trial)

  • Stakeholders and clients identified that there is an increased need for legal services and supports for male survivors and the LGBTQ community, as well as for elders and First Nations communities

  • Lawyers stated that LAO’s Family Violence Two – Hour Authorization Program should have increased hours, be extended to criminal law and that the Program should not include financial eligibility testing

  • Participants suggested that LAO find more uses for technology as means for clients to access services (yet recognizing that some clients may not have access to technology)

Self-Representation

  • Clients/survivors stressed the difficulties and challenges they faced in family court when they did not have a lawyer to represent them. They also indicated that often abusers take advantage of their self-representation (“legal-bullying”)

  • Clients/survivors indicated they self-represented for reasons such as: not qualifying for Legal Aid, the difficulty of finding a lawyer to represent them, disappointment with lawyer performance, or running out of money as the legal expenses incurred throughout the legal process

  • Clients/survivors vocalized their frustration with their abusers attempt to manipulate the family court system and use this system to continue to abuse (especially when the survivor is self-represented)

Community Partner Relations

  • Stakeholders emphasized the importance of LAO services being better integrated into existing community services. For example, a successful model is LAO staff providing services directly at shelters and other community service locations.

  • Community partners said that they want more communication of LAO services and to build stronger relationships with local LAO contacts

  • Stakeholders suggested that the referral network among LAO and community partners should be improved

  • Domestic violence survivors recommended that LAO must do more to engage survivors directly to gain knowledge and expertise on domestic violence and to learn about their first-hand experiences in the legal system

Public Legal Information/Education

  • Stakeholders and clients highlighted that clients require better and increased access to public legal information/education on topics such as the family court process, what to expect from a lawyer and how to prepare for a meeting with a lawyer, as well as information on accessing available support services.

  • Participants suggested that LAO hold in-person informational sessions, seminars and workshops (including at shelters and with other community partners), and post videos on their website.

Systemic Responses to Domestic Violence

  • Participants emphasized the importance of domestic violence training and domestic violence curriculum in law schools in Ontario be implemented

  • Participants highlighted the need for a legal system that is better informed about domestic violence

The Mental Health Strategy for Legal Aid Ontario
Mental Health Strategy, Mental Health Strategy

LAO outlines its strategy to help mental health clients

Last modified: March 11, 2016

Legal Aid Ontario (LAO) released its Mental Health Strategy today, outlining new programs and services to better help clients with mental health or addiction issues.

“The launch of this strategy is an important step,” says John McCamus, LAO’s chair. “One in three of LAO’s clients experience mental health or addiction issues. Furthermore, people with mental health issues are disproportionately criminalized, incarcerated, impoverished and under-housed – all of which raise important advocacy issues that fall within LAO’s mandate.”

“Thanks to the efforts of Legal Aid Ontario, more Ontarians who suffer from mental illness will now have a voice in our legal system,” says Madeleine Meilleur, Attorney General of Ontario. “I applaud Legal Aid Ontario for their leadership in launching their Mental Health Strategy and for continuing to provide services to our most vulnerable communities.”

A plan for change

In The Mental Health Strategy for Legal Aid Ontario, LAO lays out its plans for mental health rights and advocacy within Ontario’s legal system.

Over the course of 2016, LAO will introduce new services and programs across the province for mental health clients. These include:

  • having legal services available in places where mental health clients can more easily access them—places like drop-in centres, psychiatric facilities, or out-patient services
  • working with the Mental Health Commission of Canada and the Canadian Mental Health Association, Ontario, to develop training so that LAO staff, clinic staff and private lawyers can better identify mental health rights and options
  • expanding legal aid coverage to allow for coverage for mental health bail hearings and reviews and allowing flexible retainers to allow lawyers more time with clients with complex needs
  • supporting clients in telling their story—too often, there’s little success in prosecutions where there are victims with a mental health issue. LAO will help prepare victims for their appearance in court trials.

Every day in Ontario, someone with a mental health issue is in need of a service offered by LAO for a legal problem– often more than one. These legal matters are often connected: someone who is arrested may also be dealing with a landlord-tenant issue and find their child protection case in trouble. Or a refugee dealing with post-traumatic stress might be struggling with housing issues while trying to make a Humanitarian and Compassionate application. Working with partners in the justice and health care sectors, the Mental Health Strategy will enable legal aid lawyers to approach the intersecting legal issues of mental health clients in a more coordinated fashion.

Facts at a glance

  • 42% of legal aid clients are between the ages of 18 and 30, when most mental illnesses onset
  • 1 in 3 clients receiving legal aid certificates have a mental illness or addiction; legal aid clinics estimate 1 in 2 clients have a mental illness or addiction
  • 46% of family law litigants report stress-related mental illness
  • 40% of criminal duty counsel assists are for breaches and failures to appear, many of which are due to mental illness
  • 400,000 more Ontarians with low income will have access to legal aid by 2016

More information

Resources

The Mental Health Strategy for Legal Aid Ontario
LAO’s Mental Health Strategy discussion paper

PDF / 3.8 MB

Media requests

Feroneh Neil
Communications Manager
Phone: (416) 979-2352 ext. 5103
Cell: (416) 697-8579
Email: media@lao.on.ca

Legal Aid Ontario posts its submission on carding and street checks
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Legal Aid Ontario posts its submission on carding and street checks

Last modified: May 25, 2016

Legal Aid Ontario (LAO) is making its formal submission on the issue of carding and street checks to the Ministry of Community Safety and Correctional Services available on its website.

The submission outlines LAO’s analysis and offers a number of recommendations to regulate police street checks. LAO’s submission is one of 510 submissions (476 from the public and 34 from organizations) received by the Ministry of Community Safety and Correctional Services.

More information

Communication requests

Josephine Li
Communications Advisor
Telephone: (416) 979-2352 ext. 6015
Email: media@lao.on.ca

Racialized Communities Strategy Infographic
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Infographic: Racialization of carding and street checks

Last modified: June 10, 2016

Infographic data is below

Infographic: Racialization of carding and street checks

A “STREET CHECK” or “CARDING” is when police officers randomly stop and question someone and collect information about those people. The details about each person — their name, age, perceived skin colour, estimated height and weight, and often, the names of their friends — are recorded and entered into a database.

Toronto

Between 2008 and 2013, Toronto police filled out at least 2.1 million contact cards involving 1.2 million people.

Make up of population:

  • 54.1% White
  • 23.6% Other
  • 14.3% Middle Eastern of Asian
  • 8.1% Black

Carding (2008-2013):

  • 51.% White
  • 24.1% Black
  • 16.7% Middle Eastern of Asian
  • 8.2% Other

Ottawa

Between 2011 and 2014, the Ottawa police recorded 23,402 street checks involving 45,802 people.

Make up of population:

  • Less than 6% Black
  • Less than 4% Middle Eastern

Carding (2011-2014):

  • 58% White
  • 20% Black
  • 14% Middle Eastern
  • 7% Other/unknown

London

In 2014, London police conducted about 8,400 street checks (far more than officers in other cities and at a rate triple that of Hamilton and Ottawa). That included recording data of about 14,000 people.

Make up of population

  • 2.5% Black
  • 1.9% Aboriginal

Carding (2014):

  • 7.7% Black
  • 5.6% Aboriginal

Hamilton

Between May 2010 and 2013, the Hamilton police conducted over 18,500 street checks.

Make up of population:

  • 15% visible minorities
  • 3% Black

Carding (2010-2013):

  • 20-25% visible minorities
  • 11-14% Black

Sources:

  • CBC. “Hamilton police disproportionately stop and question black people.” July 23, 2015.
  • London Free Press. “Carding stats show racial bias on police force, critics say.” October 14, 2015.
  • Ottawa Citizen. “Street checks data about racialized men concerning to civil liberties advocates.” July 26 2015.
  • Statistics Canada. 2011 Census of Canada.
  • Statistics Canada. 2011 National Household Survey.
  • Toronto Star. Analysis of Updated Toronto Police Service Carding Data. July 23, 2014.