I’ll be splitting my time with the Solicitor General and with the member from Simcoe–Grey as well, but I will begin.

Of course, good morning to everybody. Happy Monday. I am really pleased to rise in the House today to open debate on the Enhancing Access to Justice Act, 2023, a bill that would, if passed, improve access to justice, enhance community safety and modernize the justice system for Ontarians.

But before I begin discussing the bill we’re introducing today, I must acknowledge and thank my colleague the Honourable Michael Kerzner, Solicitor General, and his team at the Ministry of the Solicitor General for their partnership, their co-operation and sheer hard work helped in pulling all the elements of this bill together. We’re only as good as our partners, and so I appreciate the opportunity to work alongside my friend and the responsive and innovative team that he leads and the team itself at the Solicitor General’s office.

I also want to thank some of the many stakeholders who have provided input by being the driving force behind so many of the proposals that I’m about to share with you—some of them you recognize: the Ontario Bar Association, the Federation of Ontario Law Associations, the Ontario Trial Lawyers Association, our colleagues at the Ministry of Public and Business Service Delivery. There are so many people who have given input into this, and many of them participated in consultations during the last few years, not just recently, so that we can improve Ontario’s justice system.

I’d also like to acknowledge the First Nations communities that engaged in one-on-one discussions to provide their perspectives on approaches to cannabis regulation that would work for them and how to support the cannabis regulation on-reserve.

I’d be remiss if I didn’t mention my own team members that helped pull this together: the excellent professionals at the Ministry of the Attorney General and the people in my ministry office led by Joseph Hillier, my chief of staff, and my very capable team all the way through. It’s really been phenomenal as they worked hard to put this together.

I must acknowledge the staff at the Ministry of the Attorney General. They’re all over the province. There are some 8,000 employees across the province. They work tirelessly, and they’re innovative. They make efforts to steer the justice system forward, no matter the challenges.

I have to say, their professionalism, drive and the collaboration to keep our system going and evolving is unparalleled, from every corner of this province. It really is something to see, when you go to a space in the north—I was up in Thunder Bay recently for a swearing in for a judge—the pride that they take in how they serve their communities. And it’s no different whether you’re in Pembroke or you’re in Ottawa or you’re in Windsor, the places that we go and the people that we see that have innovative ideas for how the system can be improved.

On top of that, I have to acknowledge all the practising lawyers, the paralegals and legal professionals on the front lines who have provided very important feedback and recommendations to us as we work toward a more responsive and more resilient system. I’ve had many different roles in our justice sector myself, including working as a clerk and a court registrar before I went to law school. I know that when positive change happens, it’s truly the result of the determined and collaborative efforts all the way through the system.

I’ve also been struck by how keen people are who work in the system. They want to share their ideas; they just need an openness to it. We’ve made it very clear that we want to hear ideas from the people on the front lines, from the people who are actually meeting with the constituency, meeting with the people who are coming into conflict and then into court. Sometimes, people come to court for the first time, and it’s a very confusing and sometimes cumbersome system, so the perspective of those on the front line to help streamline and take away unnecessary judicial red tape is critical. We’ve benefited from the motivation to do better and the remarkable generosity of those on the front line.

This kind of dedication has led to the introduction of the act before us, the Enhancing Access to Justice Act. This act represents a necessary step forward for Ontario’s justice system and the people who need it most. We’re bringing forward changes that would allow us to take bold and immediate action to strengthen and modernize the justice system by simplifying court and government operations, strengthening community safety and ensuring access to justice for more victims of crime.

As you know, Mr. Speaker, keeping our communities safe and increasing access to justice for victims of crime is a vital priority for this government. Ontario’s justice system needs to be accessible and responsive to all Ontarians, especially those who need it most. That’s why we are proposing changes to the Victims’ Bill of Rights that would make it easier and less traumatizing for certain victims to sue convicted offenders for emotional distress and related bodily harm.

Currently, three types of crimes are identified in the Victims’ Bill of Rights where a victim can sue their convicted offender for emotional distress that is already presumed to be true. These crimes include assault by a spouse, sexual assault and attempted sexual assault. We are proposing to expand this list to include victims of human trafficking, victims of sexual offences against a minor or a person with a disability and victims of the distribution of a voyeuristic recording or an intimate image without that person’s consent. There is well-documented evidence that victims of these crimes experience long-term effects like post-traumatic stress disorder, anxiety and other mental health conditions.

Take Ava, for example—a pseudonym, of course—Ava had intimate images of her posted on a website without her consent. The person who did this sent a link to her family, to her friends and to her co-workers. He was eventually convicted in criminal court. Ava was impacted by this crime in many ways, as you can well imagine. Because the pictures were distributed to her employer and co-workers, she was embarrassed to go back to work. She ultimately lost her job, and now she’s in danger of losing her home. She experiences negative thoughts and nightmares about the images that were posted and lives in constant fear that people she meets, including prospective employers, will see the photos. Ava would like to sue her offender for emotional distress.

With the changes we’re proposing, Ava would be able to launch a civil suit against her offender and would not have to prove to the court that she suffered emotional distress. This would help prevent her from experiencing and re-experiencing further distress and re-traumatization.

Many victims have told us that it’s re-traumatizing for them to not only have to testify about crimes of such a personal nature but also to have to justify the trauma that they experienced and to do it in a courtroom.

Here’s another example: Ben—another pseudonym—was sexually exploited as a child by his custodial parent. It took Ben many years to come forward to the police, but his offender was eventually convicted in criminal court. Ben has been diagnosed with post-traumatic stress disorder and would like to sue his offender for the emotional distress he’s experienced. With our proposed changes to the Victims’ Bill of Rights, Ben will be able to do so without having to prove he suffered emotional distress in court.

We’re listening to victims, like Ava and Ben, and we’re making the necessary changes that would increase their access to justice. These amendments will complement the recent changes made to the regulation under the Victims’ Bill of Rights where additional crimes, such as terrorism offences, motor vehicle theft and hate crimes that target religious officials and places of worship, were all added to the list of crimes where victims can sue their convicted offenders for emotional distress and related bodily harm.

Hate crimes and terrorism offences have devastating impacts on individuals and communities. We’re seeing an increase in these acts reported throughout the province. These proposed amendments will make it easier for victims to sue their offenders for emotional distress in civil court and also send a clear signal that our government recognizes the serious nature of these crimes—and we are doing something about it.

On another topic, our government remains committed to protecting children and youth from the negative effects of cannabis, as we well should. Five years ago, the federal government legalized cannabis in Canada. Part of this new legislation allowed for the growth of up to four cannabis plants in people’s homes. That means that, currently, recreational cannabis can be legally grown in homes with child care facilities—not something I would have thought of, but apparently it’s happening. As another means of keeping our children and youth safe, we are proposing to ban the growth of recreational cannabis in both licensed and unlicensed homes offering child care services.

Now, we didn’t think this up. British Columbia has already done it. British Columbia had a similar rule in place for years, and we feel it’s a safe and measured way to limit youth exposure and access to cannabis.

We’re also taking steps to negotiate and implement agreements with First Nations communities to support cannabis regulations on reserves. Entering into agreements with First Nation communities reinforces a shared commitment to keeping communities safe, protecting our youth, ensuring a safe supply of recreational cannabis and reducing the black market and unregulated activities. Currently, there are only seven licensed recreational cannabis retailers on First Nation reserves in Ontario. This means that all other retailers on reserves are operating outside the provincially regulated framework. That’s why our government is proposing legislative amendments that would strengthen our ability to enter into and implement agreements with First Nations communities. This comes on the heels of much conversation with First Nations partners and communities, and the aspirations they have for a safe and regulated market to protect their youth and their communities, just as we seek to do the same in the rest of the province of Ontario.

Now, our government is also taking active steps to ensure that Ontario’s justice system and laws meet the demands of the 21st century. Together, with the judiciary and partners across the justice system, we continue to harness new and existing technologies to improve and expand access to many different services. No matter the scope of the changes—be they big-picture or small changes in routine processes—our end goal has always been clear: to facilitate a modern and accessible legal system that works for everyone who uses it. Ontarians deserves nothing less.

Now, I have mentioned before, when I was a court clerk, back in the early 1990s, I was the one taking the filings over the counter. Law clerks would come in with filings, and they would do the filing. You couldn’t pay with a credit card. You had to have a certified cheque from a trust account to be able to do that filing, and that seemed very cumbersome. Years later, when I became a lawyer and I was the one trying to file, I realized how cumbersome it was. I was practising in Orillia; I had to file in Barrie. So I have a half-hour trip to go, but I had to go and get the cheque from the bookkeeper. We had to get it certified. We had to put it with the filling. I had to get to Barrie. I had to file—Mr. Speaker, this is very antiquated, but that’s okay: It was the early 1990s. But fast-forward to when I became the Attorney General in 2019. You still could not file a document with a credit card. Now, that is shocking to me. I can rent a condo by signing on my phone with my fingertip, but I couldn’t file a court document with a Visa or a Mastercard. Obviously, that had to change, and that has changed.

That is one very small thing, but it’s not for the convenience of lawyers, and it’s not for the convenience of the courts. It’s because all of that running around that I had to do to get the certified cheque, to put it with the thing, to drive to Barrie, to drive back—I didn’t pay for that. The client paid for that. That drove up the cost for those trying to access the justice system. That’s really what our focus is on; it’s on the end-user—more customer-focus. You see that in some of the approaches that we take. I’ll talk about a few of them in a moment, but it’s really about making sure that we have the tools and the modern system that people would expect if you were to build a system from the start.

I’m going to turn to one of the other accomplishments. This past February, I was pleased to join many of my colleagues at the opening of the Ontario Court of Justice in Toronto down on Armoury Street—a facility that is absolutely remarkable. If you have a chance to see it, the architect, Renzo Piano, a famous Italian architect—he did the Shard. He’s done others. It is a magnificent building, beyond its functionality. And it is very functional; I’ll talk about that in a moment. It actually brings together six different court locations into an accessible and inclusive state-of-the-art courthouse.

It has technology that allows for virtual and hybrid hearings in every one of the building’s 63 courtrooms and 10 conference settlement rooms. It’s got top-of-the-line security features. This is a courthouse that was built with, quite frankly, everyone in mind.

It was a multi-year project and a multi-government project, but we got construction going when we took government, and we got construction done. I can tell you, Mr. Speaker, it’s a real beacon. It’s something I’m very proud of.

It’s not just a building full of rooms. It has uniqueness to it. It has drug treatment courts. It has Gladue services. It has youth and mental health court users, and it provides supports for victims. It has space for people as they enter and interact with the justice system, in a modern way, in a way that suits the way that you would expect it to, in modern times. By building, upgrading, and modernizing our infrastructure across Ontario, as well as the ways we deliver justice, we will ensure that Ontario is built to last today and for future generations.

It’s not intuitive for people to know that the Ministry of the Attorney General is the second-largest land manager in government, with some seven million square feet across the province, in big towns and in small towns. It’s really the face of government for some people because that’s what they see when they go downtown: historic buildings. The average age of infrastructure in the Ministry of the Attorney General is 75 years. We have some really old, beautiful buildings. We contrast that with the new Toronto courthouse, which is brand new, cutting edge and wired for sound, as they would say, Mr. Speaker. So I’m really proud of the great work that we’re doing within the ministry to modernize, but it requires ongoing feedback about the ways we can strengthen the system for everyone who accesses it.

A few months ago, we also announced a significant new chapter in our plan for digital justice solutions to replace paper-based processes and deliver more justice services online. I mentioned about me running around as a student or as a clerk trying to file documents and driving from here to there. It doesn’t need to be that way. We didn’t need to invent the Internet to be able to use it. We just needed to harness the tools that are there.

Now we have an online filing system. We brought in CaseLines. It has worked fairly well—quite well—but we can do better, and we can do more. Not everybody will know this, but the digital transformation in our sector—well, of course, we know it was long overdue. Everybody knows that. But we’re succeeding in making 21st-century technology a permanent fixture in the administration of justice in Ontario.

Just this last summer, in August in August, we announced a partnership for Thomson Reuters to deliver a one-size filing system. Currently, there are multiple filing systems, depending on the level of court and depending on the topic area. So if you’re filing something up until recently in the criminal courts for the Superior Court, there’s one system. If it’s in the criminal courts for the Ontario Court of Justice, it’s another system. That makes no sense to me in terms of how you would actually run something, but it’s a historical anachronism because Superior Court judges are appointed by the federal government; the Ontario Court judges are appointed by the provincial government. So they come from a different space, but the province is charged with running the administration for all of it.

You would think that there would be one system, but there hasn’t been since the inception of Canada. But the judiciary and judicial partners and legal partners, we all got together and said, “There has to be a better way. Why are we doing this?” That’s why we made the announcement that we’re going to all come together and we’re going to have one system that runs for everybody. It’s going to be better for the people who have to deal with the system, and I don’t mean the lawyers; I mean the public, because their lawyers aren’t going to have to know two and three different systems. They’re just going to have know one, and that’s going to be much cheaper and it’s going to be much better service in terms of judges being able to issue orders electronically, in terms of information flowing in real time, in terms of trials happening and the documents being there, in terms of scheduling and the other pieces Really, it’s stuff that when I talk about it, people go, “It doesn’t work that way already?” No, it does not, but it will. It’s a significant investment. It was a $166-million investment for us to do this over the next couple of years, so I’m very excited about that. It’s a very important milestone in moving us into the new era for justice in Ontario.

The platform is going to support access to both the Superior Court and Ontario court and be the most significant single step forward in the digital evolution of justice, not just in Ontario but in all of Canada. It will allow court users to quickly and easily file documents—as I said—pay fees, improve access for hearings and so much more. It’s all going to be online, and it’s all going to be a single platform.

When we talk about transformational change, this is exactly what we’re talking about. The challenge in the years ahead will be how we continue to implement practical technology in meaningful ways across the courts and the justice sector at large—not whether we will but how we will. But the justice system is just that; it’s a system, and we must ensure that each piece works as efficiently as possible. If we have choke points in the system, if we have a weak link in the system, we need to address that and make sure that it’s not holding up the way we think things should be.

Modernizing the justice system to be one that is accessible to Ontarians is and will continue to be my driving motivation and my primary goal as Ontario’s Attorney General. Almost three years ago, in March 2021, we launched the Justice Accelerated Strategy to break down long-standing barriers in the system and move more services online and closer to Ontarians, no matter where they lived. This includes rural, northern and First Nations communities.

Since the introduction of that initiative in 2021, we’ve expanded electronic filing to more than 700 types of civil, family, bankruptcy, divisional courts, small claims court documents through Justice Services Online. We’ve expanded our online court case search tool to ensure the public can search basic court information and select civil and active criminal cases without having to line up or call a courthouse.

It’s not just the public; the media is able to do that, and it makes it more transparent and open. We have an open-court principle. It makes it more accessible for the individual reporter to see what’s going on without having to go into the courthouse, up the escalator and stand at a kiosk. It’s online, where it should be.

We’ve enabled Ontarians to dispute traffic tickets and other provincial offences virtually where available, which saves them an extra trip to the local courthouse. As more processes move online, we have also substantially increased funding for Community Legal Education Ontario, known as CLEO. This latest funding supports the ongoing operation and expansion of guided pathways, which are online, interactive tools that help Ontarians complete court forms easily and accurately along with providing users with tailored legal information.

If you haven’t been on the CLEO site, I encourage you to. It’s really a phenomenal amount of information for people who are self-represented. It’s largely in the family law area that we have self-represented individuals. There’s a ton of information there, and it helps them fill out forms and helps them address the needs that they have 24/7, any time of day. Obviously, it’s an electronic website with tools and is tailored to the needs of the individuals.

Now, we talk a lot about making our system more accessible, and I do think about it a lot. You have my commitment that we will not let this become another catchphrase. This is the way of the future. It’s what the people of this province deserve and it’s what they want.

Since 2021, we’ve also committed $65 million to virtual and hybrid hearings and there have been more than a few. Since 2021, there have been over five million hearings online. Think about that. There were none before 2021. It just wasn’t happening, but now, over five million hearings. This new technology will help ensure that hearings are available in courthouses in every region in every corner of this province, including more rural, northern and First Nations communities, helping to speed up people’s access to justice and reduce their need to spend time and money to get to a courthouse.

We’ve hit some major milestones over the past year, but there’s always more work to be done. Despite all our advances, some of Ontario’s court processes are still pretty inflexible, which can lead to inefficiencies and challenges for court users. That’s why we’re putting forward proposals today to change the Courts of Justice Act and other statutes to create flexibility and fix current gaps and procedures for things like evictions enforcement, child protection cases and dealing with vexatious litigants. These changes will streamline processes, create efficiencies and free up court time and resources to support more high-priority items, including criminal cases, some of which you’re hearing about in the news. Those are a priority.

I’m talking about making common-sense changes, like limiting the delays that can happen during a child protection trial when a provincial judge is appointed to another court. What happens is, the odd time an Ontario judge is appointed as a Superior Court judge, if they’re in the middle of a child protection case, it has to start all over again. That’s not in the interests of the public and it’s not in the interest of the child, quite frankly. So we’re making a change to limit the disruption and allow that Ontario Court judge to continue to finish the trial, even though they’re appointed a Superior Court judge. This kind of disruption could have negative impacts on the child or the family and it’s clear we need to take steps to limit that.

We’re also putting forward changes to make the procedures for judges in the Court of Appeal and Superior Court of Justice dealing with vexatious litigants more flexible to help reduce the use of court resources and the delays that vexatious litigants can cause. These delays are a significant challenge for the courts and a big drain on resources. I want to clarify that a vexatious litigant is someone who repeatedly brings forward legal proceedings that have no chance of succeeding in court; have an abusive purpose, like harassing or wearing down opposing parties; or meet other criteria that have been identified through case law. This depletes the court’s time and resources, which are better used for legitimate attempts to resolve disputes. It also costs the other parties money to respond to each case and show up in court.

Currently, an order against a vexatious litigant can only be obtained in the Superior Court of Justice. Our proposal would allow not only Superior Court judges but also Court of Appeal judges to make orders declaring someone to be a vexatious litigant and stopping them from starting any cases in the future unless they get permission. At the same time, vexatious litigants’ procedural rights will still be preserved, like the right to know that the court is thinking of making an order against them. These changes will speed up procedures and save our courts from unnecessary burdens on their time and resources.

We also need to address court-related legislation that is now outdated and which results in those laws being unclear or out of step with current technology or practices. We are making proposed changes that would make legislation clearer and more current, such as addressing out-dated language in an act or clarifying details that can cause delays and frustration. There are obvious fixes to some long-standing problems, and we don’t want to wait any longer to implement them.

One last item, Madam Speaker, before I finish. I want to briefly discuss another way our government is enhancing the justice system, strengthening our community and holding offenders accountable. It’s something that we’ve previously announced and it’s a crucial part of our commitment to keep our communities safe from crime while finding solutions to increase public safety.

Back in the spring we announced a $112-million investment over three years to ensure that high-risk and repeat offenders comply with their bail conditions. As part of this, we’re investing $26 million over three years to establish Intensive Serious Violent Crime Bail Support Teams. Working alongside police services and bail compliance units, these teams make sure all the necessary evidence is in place to make the best possible case when bail hearings are held for repeat offenders involved with serious crimes.

I want to update you today that these Intensive Serious Violent Crime Bail Support Teams, launched on September 25, are now working hard to help increase public safety by reducing the risk that persons accused of violent and serious crimes will reoffend.

And know this: Premier Ford and our government will continue advocating to the federal government for meaningful bail reform. We need to keep our communities safe.

In closing, I would like to thank you for the opportunity to discuss this legislation. If passed, the reforms in the Enhancing Access to Justice Act would support access to justice for victims of crime, simplify court and government operations and support communities.

Today’s proposed changes would make it easier for victims of crime, such as victims of human trafficking and hate crimes, to sue an offender for emotional distress. They would protect children and youth by banning the growth of recreational cannabis in homes that offer child care services, which I can’t believe we have to legislate, and explore ways to put an end to illegal online cannabis sales. They would limit interruptions to child protection trials that would happen when a provincial court judge is appointed to another court. They would help provide the tools and resources to keep Ontario communities safe and resilient.

If passed, the Enhancing Access to Justice Act would ensure that Ontario’s justice system remains fair, responsive and accessible for those who need it most, while continuing to keep people safe.

I will now turn things over to the Solicitor General to discuss his ministry’s items in the bill as well.

I’ll just go back to where the investments have been made. We’ve put a lot of resources into hiring full-time and full-time-equivalent individuals, making court clerks permanent and full-time employees, not just part-time, making sure that they have the tools that they need—about 340 full-time staff, whether it be crowns, reporters, clerks within the system. So we have made investments to scale up. We’ve reclassified staff so that they are in a better position and will stay in the job and keep the experience on the job, so we’ve made a lot of those investments.

But this bill, Madam Speaker, is really about fixing process, because things like vexatious litigants are eating up a lot of resources and we have to make sure that we’re making capacity in the system for those employees that we did hire to help bring those cases forward.

I’m happy to give more information. It’s really hard to give it in one minute, but I’ll give more information to you. We’re trying to get these people back on the job, quite frankly.

With something like human trafficking, if somebody has been human trafficked and the perpetrator is convicted criminally, I think everybody would agree that the victim shouldn’t have to go through the trauma of explaining the impact on themselves. It’s, quite frankly, patently obvious. That’s what the Victims’ Bill of Rights, as expanded under this bill, will allow us to do, is to not retraumatize those individual victims and allow them to get restitution.

We have put several supports and increased funding to not just support centres but to victim witness programs and into every sector of our expansion for the justice system. So it wouldn’t be the tool, quite frankly, of this bill to do a funding increase per se.

I’m happy to chat more about where you think the system needs more supports, but we are supporting the system and we are supporting the victims of everything from serious sexual assaults to human trafficking all the way through the system, Madam Speaker. As they need the supports, we’re providing them and, of course, we’ll continue to provide more in the future.

Look, the architects serve a very critical part of our housing strategy. Without the architects, we wouldn’t be able to build the 1.5 million homes that we are going to.

The architectural technologist category does exist already, but as was mentioned to my friend from Ottawa–Vanier, there is a glitch in the system. The glitch is that they exist as an entity, as a part of the puzzle for moving us forward, but there was an issue around the architects association being able to provide regulatory oversight. So, Madam Speaker, we’re taking the opportunity to fix that glitch and get them back to work.