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Christine Hogarth

  • MPP
  • Member of Provincial Parliament
  • Etobicoke—Lakeshore
  • Progressive Conservative Party of Ontario
  • Ontario
  • Unit 21 195 Norseman St. Etobicoke, ON M8Z 0E9 Christine.Hogarthco@pc.ola.org
  • tel: 416-259-2249
  • fax: t 21 195 Nor
  • Christine.Hogarth@pc.ola.org

  • Government Page
  • Mar/5/24 9:10:00 a.m.

I’m honoured to join in this debate today on Bill 157, the Enhancing Access to Justice Act.

With the Premier’s leadership, our government is dedicated to creating a safer Ontario. Bill 157, if passed, furthers our commitment to law enforcement initiatives aimed at deterring criminal behaviour; probing accusations; capturing perpetrators; and bringing justice to Ontarians that are affected by broken laws.

Our signature framework, the Community Safety and Policing Act, 2019, also known as the CSPA, will have its gaps closed. If passed, this bill will be implemented April 1, 2024. As we prepare for this date, it is important we address crucial topics within this legislation to ensure it serves its purpose to the strongest capacity.

As we debate the third reading of the Enhancing Access to Justice Act in the House today, I would like to take the opportunity to highlight some of the amendments that the Solicitor General’s office is responsible for crafting. One of the most important parts of this legislation is how terms are defined. We want to make sure the language for this bill is crystal clear, because misinterpretations, both in courts and out on the streets, are not acceptable.

Our justice system needs the confidence required from well-crafted legislation to adequately perform duties by judges all the way to the front-line officers working in our community. The laws, regulations and directives need to be clear in both official languages, and that is what this legislation does. This standard of accurate bilingual legislation is something we hold dearly in the government, under the leadership of Premier Doug Ford. Critically accurate translation is essential in preserving the original meaning and intention behind a word. This attention to detail is crucial for front-line workers and courts as it maintains the authenticity and style of the CSPA.

Each situation is unique and no two public safety confrontations are alike. Variables such as environment, involved parties and response can be influenced by the precise definition of terms both in the courtroom and on the street. These contextual factors shape the dynamics of a situation and affect its outcome. This is why we are not only ensuring consistency in this regulation but also providing clear definitions for terms.

Let’s begin with the term “special constables” and translation. Special constables play a critical role in ensuring the safety of Ontario’s communities and public areas. Premier Ford, the Solicitor General and all my caucus colleagues have the utmost respect and support for our front-line officers.

Interjections.

Currently, the French translation of the Ontario statute states “special constables” as “agent spécial.” This term, “agent spécial,” is also displayed on special constable uniforms, crests and badges. Not only does this differ from the French translation of “special constable” used in Quebec and New Brunswick, but it can also create confusion in public spaces. The term “special agent” will be eliminated entirely, and “special constable” will be defined in French as “constable spécial” with the help of this act.

This is especially important because “agent spécial” is utilized in addition to the CSPA, which underscores the need for action to address this inconsistency. If passed, the amendment will change the term in all Ontario statutes within the Community Safety and Policing Act, 2019, coming into force on April 1 of this year. There is no room for confusion when it comes to law. That is why we’re eliminating the inconsistencies in the French terminology.

Next, I want to discuss the coroner’s amendments. I’d also like to thank our chief coroner, Dr. Huyer, who attended all the committee hearings just to hear what people had to say. I thank him for his work.

Madam Speaker, the terminology is a big part of the Enhancing Access to Justice Act and so is the groundwork. The Enhancing Access to Justice Act is updating legislation that will, if passed, allow the Office of the Chief Coroner to run more efficiently. The chief coroner oversees the provincial death investigation system, ensuring that deaths occurring in Ontario are appropriately investigated to determine cause and manner. We are extending tools through death investigations that help to identify public health and safety risks, trends and patterns related to causes of death. This information can inform public health policies, interventions and initiatives aimed at preventing future deaths.

Our government’s amendments to the Coroners Act will specifically improve the timeliness of construction-related death investigations. This will help save lives because as these investigations become more efficient, more data can be used to help inform public safety precautions and possibly prevent these accidents from happening in the future.

Speaker, I think we can all agree with the Solicitor General when he says that everyone deserves to go to work and come home safely. We can all agree with that sentence.

Without construction workers, we are not able to build infrastructure in Ontario. We had a lot of deputants from the construction industry who were very supportive of this amendment in the bill.

In a time when Ontario needs a government to step up and get it done, we cannot afford to lose workers on the job or have future potential workers leave because of unsafe workplaces. Nobody here wants that. Our government has a strategic plan to build more homes in Ontario, which we cannot do without these strong men and women out on the job. The harsh reality is that working in construction has a great amount of risk, and workers are faced with dangerous situations every single day.

In my own riding on Etobicoke–Lakeshore, we have development projects worked on by hundreds of construction workers every day—we just need to drive down the Queensway—everything from condos being worked on by electricians to houses being framed. We need them more than ever to continue their work. And they deserve to feel safe.

During a public health crisis, natural disasters or other emergencies, the chief coroner’s role becomes indispensable. They are the ones who take charge of coordinating and supervising the response of the death investigation system. Because of this, the responsibility of deploying resources, coordinating efforts with other agencies and ensuring the timeliness and appropriate handling of deceased individuals falls upon their shoulders.

As of now, the Office of the Chief Coroner investigates every single death related to construction incidents. However, this process is often time-consuming, leading to delays in providing answers to grieving families. Currently, it takes approximately three years for an inquest to be scheduled, which may be perceived as inactivity, especially by a loved one awaiting closure. This delay can cause frustration, particularly in cases where there are no imminent deadlines due to an investigation of natural—sorry, I can’t read this. The delay can be frustrating, particularly in cases where there is no imminent deadline due to the investigative nature of the incident. Additionally, this process can only commence once all regulatory investigations and prosecutions under the Occupational Health and Safety Act have concluded.

Through the Enhancing Access to Justice Act, we aim to isolate construction fatalities to potentially identify root causes that could prevent further deaths. This was also brought to our attention during the committee meetings.

The proposed Enhancing Access to Justice Act includes an amendment to the Coroners Act that, if approved, would mandate coroner-led annual reviews for accidental construction-related deaths. This amendment alters the current practice of conducting single mandatory inquests for incidents resulting in one or multiple deaths. The review process will involve industry representatives and experts, with a coroner’s inquest remaining an option where and when appropriate.

We are also introducing the concept of having families becoming a significant role in the mandatory review process. We want to allow the families, if they wish, to request an inquest if they require additional review. Actively involving family members in these situations will help build stronger bonds and deepen relationships within the community. Spending time together, engaging in meaningful conversations about incidents will foster trust between family members and the coroner’s office. This is crucial in a province like this, because our government is stepping up to the plate to ensure that Ontarians get closure and partake in understanding a situation that is life-changing.

While our goal is to prevent all construction-related deaths, the proposed amendment would lead to a comprehensive examination of safety issues within specific construction sites and the industry as a whole.

These recommendations, if passed, will make a difference to families who need closure. These will help expedite processes when necessary and help bring people home when it’s necessary. At the end of the day, all we want is people to come home safe from their job. That’s all we can ask. The government of Ontario wants a safe Ontario where accountability is key.

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