OBA Working Group on LSUC Licensing & Accreditation Consultation Report
http://www.lsuc.on.ca/media/licensing.pdf
April 1 – May 31, 2008
Contact Louise Harris lharris@oba.org

Written submissions are being requested on, a proposal to discontinue the professional responsibility and skills program of the licensing process.
The Task Force's proposal is based on a number of factors, including research illustrating that law school skills programs cover most of the content of the Law Society program and that there are other more effective means to address any gaps.
Four options on how to address challenges facing the articling program, in particular the increasing concern that there will be significantly more licensing process candidates than articling placements.

The four options for consultation are:

1. Continue the program, but make it clear that the Law Society makes no guarantees that candidates will find employment.
2. Accept that if there is to be an apprenticeship requirement the Law Society should take responsibility for all candidates having an opportunity to qualify; develop an alternative stream for those unable to find a placement.
3. Abolish the articling requirement.
4. Additional options offered by those consulted that can provide a practical solution to the challenges facing articling.

Once the Task Force has completed its research and consultation, it will report back to Convocation.

OBA TASK FORCE ON WRONGFUL DISMISSAL
April 1 – July 31, 2008
Contact Jon Clancy jclancy@oba.org


In his address to guests at the Labour Relations Sections program on “Termination and Wrongful Dismissal in the 21^st Century” on February 20, 2008, Chief Justice Warren Winkler called upon the OBA and the Labour Relations Section to inquire into the question of whether the current legal system for addressing wrongful dismissal claims in Ontario provides the public with access to affordable justice:

“Mediation is working well in this field – perhaps better than in other fields. But there are no fair settlements when one party can’t afford to litigate. People in Ontario are entitled to trials. The question is whether or not they can afford them... It is time to conduct the debate on this question, and to examine what it is about our process for determining wrongful dismissal claims that can be changed or fixed, in order to make justice more accessible”.

The Chief Justice called on the OBA, and on the Labour Relations Section, to explore the question of whether justice was being achieved in this field. If not, we are challenged to consider and propose alternative models which can meet this important goal.
The Labour Relations Section, under the auspices of the OBA and its Advocacy and Government Relations department, has determined that it is in the public interest and thus, necessarily, that of the Bar, to conduct such an inquiry, and to ensure that there is broad input and thoughtful debate.

OBA Retention of Women Survey

The Task force has completed its submission to the Law Society of Upper Canada. View it here.

The OBA has struck a working group to prepare a submission to the Law Society of Upper Canada's Retention of Women Consultation.   The Working Group would appreciate your feedback and advice.  Please consult the Executive Summary prior to completing the below survey.

Executive Summary     Survey PDF  Word



OBA Working Group on the Complex Criminal Case Procedure Review
April 1 – June 1, 2008
Contact Jon Clancy jclancy@oba.org

The Review will identify issues and recommend both short and long-term solutions to move large, complex cases through the justice system faster and more effectively. These solutions may include recommendations for:

• New policies and procedures for Crown prosecutors
• Opportunities for more effective practices by justice system participants
• Maximizing the effective use of justice system resources
• Specific federal legislative and procedural reforms that would be beneficial.

Environmental Assessment Process for Transit Projects
Please contact Dianne Saxe of the Environmental Law Section directly: dsaxe@envirolaw.com
April 1 – May 2, 2008

Excerpt from Minister’s Letter: I am writing to invite your comments on a draft regulation that puts in place a six-month environmental assessment process for public transit projects.
Currently, transit projects can take up to three years to proceed through the environmental assessment process. I think we all agree that’s too long.
Our environment, our quality of life and our MoveOntario 2020 plan, a $17.5 billion, 12-year initiative to get people out of their cars and onto transit, depend on getting transit projects up and running as quickly as possible.

We are proposing that the environmental assessment (EA) process established by regulation would be focused so that the assessment of potential environmental effects and decision-making can be completed within six months. The steps for the new process would mirror certain elements of the existing EA process, and would include public consultation, an assessment of the potential effects of a project and mitigation.

I encourage you to comment on the draft regulation. It has been posted to the Environmental Registry You will find it at www.ontario.ca/environmentalregistry (Registry #010-2760).