The Toronto West Detention Centre will be closing. Photo: Joshua Sherurcij

Finance Minister Dwight Duncan’s 2012 Ontario budget calls for reforms to the province’s youth justice system, the Provincial Offences Act, several prison closures, and increased electronic court services to combat the province’s rising deficit.

Billed by Duncan as one of the toughest yet, this week’s budget includes significant cuts to program spending across the board to contain costs by $17.7 billion over the next three years, while increasing revenues by $4.4 billion, all without raising taxes.

In the justice sector, the budget touches on the following:

The youth justice system:

The budget proposes closing the Bluewater Youth Centre in Goderich and downsizing the Brookside Youth Centre in Cobourg and the Cecil Facer Youth Centre in Sudbury. It also suggests reducing the number of transfer payment agencies contracted to supply open custody services.

According to the ministry, the Youth Criminal Justice Act has led to decreased custodial sentences for youth since 2003 and has diverted more youth to community-based alternatives for less serious offences, creating a reduction in demand for youth justice custody, and consequently, the need for several closures.

The Provincial Offences Act:

According to the ministry, uncollected fines related to the POA are a growing problem for the province, adding to a ballooning deficit. To address this, the budget proposes unpaid POA fines be set off against tax refunds issued by the Canada Revenue Agency.

Prison closures:

The 2012 budget confirms the provincial government is moving ahead with fully closing the Toronto West Detention Centre, the Brantford jail, and the Chatham jail in the upcoming years.

According to the ministry, the closures will help “modernize” Ontario’s correctional facilities and create more efficiency within the system. The budget states the closure of the Toronto West Detention Centre will save the province $23 million in 2013-14 and $28 million in 2014-15.

Underutilized prisons in Owen Sound, Walkerton, and Sarnia were closed last year by the province to cut costs, along with a partial closure of the Toronto West Detention Centre.
 
Electronic court services:
 
The budget also suggest the provincial government provide some court services online, including court forms, court document filings, and court fee payments. It proposes provincial courts transition to providing 24-hour online service instead of the traditional daytime hours currently provided. It also suggests a significant overview of the court system is needed to ensure courts are receiving the funding where they need it most.
 
Provincially, the 2012 budget also falls on the heels of the federal omnibus crime bill’s passage earlier this month. Rough estimates project the associated costs to the province at $1 billion for new jail facilities and nearly $145 billion in soft costs resulting from the bill. This year’s budget also projects an increase of $68 million in provincial expenses within the justice sector due to legal settlements under the Proceedings Against the Crown Act and “funding for operational pressures.”

Canada

Top court to hear appeal in suicide-pact case, CBC News

Ex-political adviser found not guilty in wife's murder, Winnipeg Free Press

SCC won't hear Drabinsky's appeal of fraud conviction, The Globe and Mail

United States

Ex-mine chief pleads guilty to conspiracy charge, Reuters

Former teacher's sex assault conviction overturned, Reuters

International

Former Vietnam shipbuilder executives jailed, Reuters

Indian tribunal suspends POSCO's environmental licence, Reuters

Joining a growing campaign to combat racism, members of the Osgoode Hall Law School community — including dean Lorne Sossin — today donned hoodies in memory of Trayvon Martin.

Martin, an unarmed black teen walking home from the store, was shot dead by George Zimmerman on Feb. 26 in Florida.

“Over the ensuing weeks, the pervading rhetoric has been that this would not have occurred if Trayvon was not wearing a hoodie. In response to this rhetoric, communities across North America have donned hoodies in memory of Trayvon and to trouble the notion that it was the hoodie that led to his death,” The Black Law Students Association at Osgoode said in a press release.

“As black law students, and as members of the broader Osgoode community, we encourage fellow members of the legal community to end impunity for racial profiling. Wearing a hoodie is not an invitation to shoot, or to investigate an individual and neither should their race. Today, we stand in solidarity with Trayvon and his family.”

The association noted that the “smear campaign” being waged against Martin speaks to the pervasiveness of racism in the American legal system.

Do you know what day the 1867 Constitution Act came into force?

Queen Elizabeth II signed the Charter proclamation on April 17, 1982. (Photo: Archives Canada)

According to a recent survey conducted by the Canadian Constitution Foundation, only 54 per cent of respondents knew the answer. (The correct response is July 1, of course.)

With the 30th anniversary of the 1982 Constitution Act quickly approaching, several groups are doing what they can to spread awareness.

The CCF designated March 29 as “Constitution Day” in an effort to improve Canadians’ understanding of the act. The date was chosen to align with the constitution acts of 1867 and 1982, which both received Royal assent on that day. The official anniversary is April 17, as that was the day Queen Elizabeth II signed the Constitution Act of 1982.

Chris Schafer, CCF executive director, says the survey results show that Canadians’ constitutional knowledge is lacking. For example, only nine per cent of respondents knew the Charter doesn’t include protection for private property.

Bruce Elman, a constitutional law professor at the University of Windsor, agrees that there’s a general lack of awareness among members of the public. He recalls much discussion about the Constitution leading up to 1982, “but I don’t think there’s much talk of it now . . . even in terms of whether or not the court is getting the balance right,” he says.

Naturally, Elman is a strong supporter of education. During his time as Windsor law’s dean, he would speak to high school students about what they should know about the Constitution. “Unless you understand our Constitution, you don’t fully understand democracy,” he says.

“[The Constitution] really informs how we operate as citizens. Even something as simple as which level of government is responsible for what. In order to be an informed voter in the province of Ontario, you sort of have to know what is actually the responsibility of the provincial government and what’s the responsibility of the federal government,” he adds.

Elman says there needs to be a greater emphasis on teaching students about the Constitution and the Charter within the Canadian education system. “I think the most obvious way to give the public an understanding of their rights and about constitutional values more generally is first of all in the schools. I think the easiest way to do it is to get young minds thinking about these issues,” he says.

The CCF also aims to educate and spread awareness of the Constitution. It has even created a web site dedicated to “Constitution Day.”

Windsor law students recently launched the Charter Project to encourage Canadians to start discussions about the Charter. Among their various initiatives, they have produced public service announcements featuring Canadian celebrities and video interviews with legal experts.

As former dean, Elman supported the project from the very beginning. “I’m a huge supporter of anything that will get constitutional issues — Charter or otherwise — out into the public square as opposed to the rarified realm of law firms and judicial forums,” he says.

Canada

Federal Court paves way for trademark of sounds, The Globe and Mail

Ex-Home Hardware manager charged with $1.5M fraud, Winnipeg Free Press

Winnipeg police station video could affect court cases, Winnipeg Free Press

United States

Judge bars import of death penalty drug, Reuters

Ex-defence official jailed for Afghanistan bribe, Reuters

International

Kenya's inadequate laws could delay oil production, Reuters

Hong Kong brother tycoons arrested for alleged corruption, Reuters

The number of divorces initiated in Canada last year fell for the second year running, according to Statistics Canada.

Around 54,000 divorces were filed in 2010-11 in seven reporting provinces and territories (Nova Scotia, Ontario, Alberta, British Columbia, Yukon, Northwest Territories and Nunavut, representing 66 per cent of Canada’s population), two-per-cent fewer than the previous year, when about 55,000 divorce files were opened. In 2008/2009 there were more than 56,000 initiations. This year’s number marks an estimated eight per cent fall in new cases since 2006/2007.

The steady decline mirrors a fall in the number of couples tying the knot over the last two decades. Whereas in 1989, about 190,000 marriages were recorded, by 2008, the last year data are available, that number had fallen to just 150,000. According to StatsCan, it expects about 60,000 of those couples to divorce before they reach their 30th anniversaries in 2038.

And when they do make the decision to dissolve their unions, there are ways to speed up the process, according to the report. The median length of uncontested divorces was just 120 days, compared with 490 days for contested ones. Couples in B.C. were most likely to have contested divorces in 2010-11, accounting for 23 per cent of active files. Nunavut had the smallest proportion of contested divorces, at 10 per cent of active files last year.

Still, an extremely small number of cases end up requiring a trial. The report notes that just one per cent of open cases had a trial during the last year, and only two per cent had ever reached trial at any stage.

Most divorces (61 per cent) are actually granted within six months of initiation in court, according to the report. Ontario is one of the quicker jurisdictions, managing to get 41 per cent of all its divorces done and dusted within three months.

However, 21 per cent drag on for more than a year in court nationwide, with wide variations by jurisdiction. A divorce in the Northwest Territories is least likely to cross the one-year threshold, with 13 per cent of cases lasting longer than 12 months, closely followed by Ontario at 14 per cent. Cases in Alberta are most likely to take more than a year, with 38 per cent in that category, while 37 per cent of Nova Scotia cases also take more than a year to get a judgment.

Canada

Nunavut court beefs up security, CBC News

Former chief justice to probe TCHC allegations, National Post

Defence lawyer's request to quit sex assault trial denied, Ottawa Citizen

United States

Twitter coverage not permitted in health-care case, Reuters

N.Y. passengers could be sued over airplane calls, Ottawa Citizen

International

Brazil oil workers sue Chevron, Reuters

Hong Kong wins appeal against maids seeking residency, Reuters

Some may view going in-house as an opportunity to leave the stresses of private practice behind but a panel of experienced general counsel want to set the record straight about that — don’t think it means a lighter load. The client can be just as demanding and so is the work.

In-house practice is ‘not a sanctuary for those looking for a slower pace,’ says Simon Fish.

“Some wildly underestimate what’s required of them and they stick around too long. It’s not a sanctuary for those looking for a slower pace,” says Simon Fish, executive vice president and general counsel of the Bank of Montreal.

Fish was speaking as part of a panel entitled Managing Your First Five Years: Critical Concepts for Your Success In-house, part of the Association of Corporate Counsel’s Corporate Counsel Institute Canada held Monday and Tuesday in Toronto.

“I’ve interviewed people who when asked why they want to come in-house say they are seeking ‘a balance’ in their life. In my mind I’m already thinking ‘You’re out of here.’ That’s not the reason you want to join my legal group. It fails to recognize the demands of in-house lawyers.”

Fish also had this advice for those new to the in-house role: “Never say no. If someone comes to you with a great opportunity be slow to turn up your nose at it.”

Going in-house often means taking on responsibilities and learning skills not typically taught at law school or in a firm, many of which are related to business management, says Kathryn Chisholm, senior vice president of legal and regulatory and government affairs with Capital Power Corp. in Alberta.

“You need to be a project manager — you need to be able to herd cats, but don’t let your communication skills get in the way of your advocacy skills. You are risk managers; it’s what makes the difference between good and great internal counsel,” says Chisholm, who adds that a successful general counsel is so because they immerse themselves in the business of the company they work for and ask questions that show they want to aid in its success.

“The only way I ended up in a GC role was because I asked questions that didn’t have anything to do with legalities. I demonstrated an interest in the business that showed I was interested and loyal,” she says.

Project management skills come in handy when dealing with external counsel, says Chisholm. “You need to closely manage external counsel and you must manage them, don’t just monitor external counsel. They aren’t gods — they do have human-like traits.”

ViXS Systems Inc. general counsel Cheryl Foy emphasized the importance of learning about the culture of the company you’re working for and understanding the needs and challenges of the business.

“Figure out who you’re working with. It’s folly to go in with the idea that ‘I’m the lawyer’ — people will argue with your legal opinion. You have to build credibility so assess the culture first,” says Foy.

And when Foy found herself in a situation in a previous in-house job where she wanted to be part of the executive team but wasn’t regarded as such she received this advice: “You need to be acting like you’re at the table already.”

Possibly one of the most important shifts lawyers need to make when they go in-house is their communication style, says David Allgood, executive vice president and general counsel with the Royal Bank of Canada.

“Adapt a communication style that reflects that your audience has changed,” he says. “Remember it’s the enterprise who is your client now.”

Chisholm agrees, saying long-winded legal opinions don’t give the business units what they really need.

“I always tell my lawyers, never come to me with a problem, always come to me with a solution.”

Canada

Air Canada law could change, Reuters

Bill C-31 could strip refugees of rights: advocates, Canada.com

Activists ask court to overturn robocall election results, National Post

United States

Facebook says lawsuit a fraud, Reuters

'Castle' law in question after Wis. shooting, Reuters

International

Australian watchdog takes Apple to court over iPad 3, The Australian

Strauss-Kahn under investigation for alleged prostitution ring, Reuters

Canada

Alta. premier calls election, Reuters

Man. RCMP seek man facing assault charges, CTV News

Labour laws can protect Facebook pages: experts, Toronto Star

United States

Supreme Court to proceed with health-care debate, Reuters

Myriad gene patent ruling set aside, Reuters

International

New Spanish anti-piracy law may be out of date, Reuters

South Africa pressured to prosecute Zimbabwe rights crimes, Reuters