Business Plan 2001-2002

Safe communities are vital to Ontario’s economic performance and quality of life. This business plan outlines the commitments by the Ministry of the Attorney General for the year 2001-2002 to keep Ontario’s streets and communities safe from crime and to enhance victims’ rights. It also reports on the strong action taken in the past year.

The 2001 Ontario Budget commits $6 million annually for police services and dedicated Crown attorneys to enhance our comprehensive, multi-pronged approach to combat organized crime. Complementing this increased investment is the government’s proposed legislation to use the civil law to take the profit out of organized crime by seizing the proceeds of illegal activity.

The Budget provides $1 million annually to double the number of Youth Justice Committees from the 18 previously planned to 36. By holding non-violent young offenders accountable, these community committees help prevent them from graduating to more serious crimes.

This government stands firmly on the side of victims of crime. We will spend $15 million annually to break the cycle of youth prostitution. I intend to ask the Legislature to provide new legal tools to protect children caught in the misery of prostitution.

Safe communities are good places to work and do business. The civil justice system contributes to this positive climate by providing options for resolving disputes. Such reforms as the expansion of case management in Toronto will continue to reduce cost and delay.

I look forward to working with the public, the judiciary, lawyers and our many other stakeholders to build a justice system that will underpin the strength of our society, the health of our economy and the quality of our lives in the 21st century.

The Honourable David S. Young
Attorney General

Ontario’s three justice ministries – the Ministry of the Attorney General, the Ministry of the Solicitor General and the Ministry of Correctional Services – share a common vision for Ontario. They are working together to build a province where all communities are safe, secure and prosperous – supported and protected by accountable, efficient, effective and accessible justice and public-safety systems. This vision guides all of the ministries’ planning and decisions.

A modern justice system is the foundation for community and personal safety, reflecting cherished values such as individual freedom, personal security, respect and responsibility and the rule of law. Such a system gives victims a voice in the criminal justice process and responds to their needs, while holding offenders accountable. It sustains family life by helping families resolve conflicts. And it contributes to economic prosperity by creating a safe climate for investors and providing individuals and businesses with efficient ways to resolve disputes.

The justice ministries’ vision is based on the firm belief that keeping Ontario strong depends on enhancing community safety and victims’ rights. The underlying principle is that all people of Ontario have a right to be safe and feel safe as they go about their lives.

The Ministry of the Attorney General works to achieve an accountable, efficient, effective and accessible justice system through five core businesses.

Prosecuting Crime and Preserving Public Order and Personal Safety

The ministry protects community and personal safety through timely, fair and effective prosecution of offences across the province. More than 700 Crown attorneys prosecute approximately 500,000 charges each year.

Also playing key roles in the criminal justice system are the Ministry of the Solicitor General, which regulates police services, and the Ministry of Correctional Services, which operates custodial facilities and probation and parole services. The goal of the three justice ministries is to hold offenders accountable, balance individual rights with responsibilities and create safer streets and safer communities.

Supporting Victims throughout the Criminal Justice System

The government is committed to building a justice system that responds to the needs of victims of crime and gives victims a stronger voice. All three justice ministries work to fulfil this commitment.

Victims receive support through such initiatives as the Victim/Witness Assistance Program (V/WAP) and the Victim Crisis Assistance and Referral Services (VCARS) program, each with 26 offices around Ontario. Crown attorneys have dedicated time to spend with victims and witnesses in preparing cases.

The Office for Victims of Crime is working to strengthen victims' services by consulting with victims and advising government on ways to ensure that the principles of the Victims’ Bill of Rights are respected.

Providing Criminal, Civil and Family Courts and Related Justice Services that are Fair, Co-ordinated, Timely and Accessible

The ministry provides a range of services that support Ontario's family, civil and criminal courts. More than 250 court offices around the province serve the public, litigants, judges, lawyers, Crown attorneys and police.

The government has made a commitment to providing courts and related services that respond to the changing needs of the people of Ontario. The ministry is modernizing the justice system to make it more accessible and convenient for the public, to make courts work better and faster and to offer alternatives to court for resolving disputes.

Providing Justice Support Services to Vulnerable People

The ministry delivers or supports a variety of special services to bring the justice system to those most in need. These services range from decision-making for mentally incapable people with no one else to act on their behalf, to legal representation of children and funding for Legal Aid Ontario.

Providing Legal Advice and Services to Government

Since government itself is a user of the justice system, it requires legal advice and services. This core business provides expert legal services to government ministries, agencies, boards and commissions.

Building a Safer Ontario and Promoting Respect and Responsibility

Organized crime poses a growing threat to public safety and economic security, costing Canadians an estimated $5-9 billion each year. To develop 21st century solutions, the Ontario government hosted a two-day international summit, Taking the Profit Out of Crime, in August 2000. Speakers from Canada, the United States, Great Britain and other countries underlined that laws to seize the assets of criminals are proving an effective tool for disrupting organized crime. The ministry developed legislative proposals to keep Ontario communities safe by implementing this innovative approach.

The Parental Responsibility Act took effect in August 2000, making parents financially accountable for property loss, destruction or damage intentionally caused by their children. This law makes it easier for victims of youth property crime to recover up to $10,000 in compensation from parents, through the Small Claims Court. Parents are not liable if they can prove that the damage was unintentional or that they exercised reasonable supervision and made reasonable efforts to prevent the damage.

Ontario residents are deeply concerned about violent youth crime. The provincial government continued to press Ottawa to overhaul the proposed federal Youth Criminal Justice Act, which is woefully inadequate to deter violent crime or hold young offenders accountable.

Youth Justice Committees bring together young offenders, their parents, victims and community members to negotiate a meaningful way for a youth to make amends for a non-violent offence. Six pilot sites are now operational and planning began to expand to 12 more locations, as announced in the 2000 Ontario Budget. An advisory committee made up of members of the judiciary, Crown attorneys, defence lawyers and others from the community made recommendations on the program.

Safeguarding Victims

The government stands firmly on the side of victims of crime. During 2000-2001, the government as a whole dedicated approximately $135 million to more than 40 projects and initiatives in the areas of safety, justice and prevention to help meet the needs of victims in Ontario – an unprecedented level of funding.

In June 2000, the ministry announced the Victims’ Justice Action Plan, which charts a course for further measures to respect victims’ rights and respond to their needs. The plan responds to recommendations by the May/Iles Coroner’s Jury, the Joint Committee on Domestic Violence and the Office for Victims of Crime.

Keeping a commitment in the action plan, the Attorney General introduced legislation to make the Office for Victims of Crime a permanent advisory agency. The Act was passed in December 2000.

In 2000-2001, the Victim/Witness Assistance Program (V/WAP) more than doubled the number of contacts with clients from 40,000 to almost 90,000. V/WAP staff get in touch with victims quickly, guide them through the court process, and provide information, safety planning, community referrals, advocacy and emotional support. Ninety-two per cent of clients were satisfied with the services, based on survey forms filled out as clients complete the program.

Protecting Children and Families

Ontario has the largest domestic violence court program in Canada. Eight new sites opened in 2000-2001, bringing the total to 16, and services at existing locations were enhanced. In each site, teams of specialized personnel work together to ensure priority is given to the safety and needs of domestic assault victims and their children. These teams include police, Crown attorneys, V/WAP staff, probation services, counselling services for abusers and community agencies. The team approach has been found to result in more effective prosecutions and better co-ordination of services tailored to the needs of victims.

Passed in December 2000, the Domestic Violence Protection Act will enhance victims’ safety by providing for domestic violence intervention orders. The new orders will be easier to enforce and provide broader coverage. As well, victims will be able to obtain an emergency order quickly, 24 hours a day, seven days a week.

In early 2001, the ministry issued requests for proposals to operate nine new Supervised Access Centres for families with custody and access arrangements. The new locations will bring the total number of sites to 47, the next stage in a planned province-wide expansion to 77. The centres provide children with a safe and secure place to visit or be picked up by non-custodial parents or other relatives. By enabling children to maintain relationships with both parents, the program can reduce the emotional toll of family disputes.

Family law information centres now serve 43 locations across the province. These centres provide clients with information about the legal process, help in filling out forms, referrals to other services and general legal advice from Legal Aid Ontario. Centres will open in nine more family court sites in 2001-2002.

The Family Responsibility Office (FRO) processes child and spousal support payments to help ensure that support gets paid on a regular basis. If support is not being paid, FRO takes enforcement action to collect the money owed. In 2000-2001, FRO achieved its target of having 61 per cent of cases in compliance, up from a 58 per cent compliance rate the year before. In all FRO collected a record $545.9 million for Ontario families.

As of April 2001, FRO was transferred from the Ministry of the Attorney General to the Ministry of Community and Social Services (MCSS). This administrative change in reporting relationships makes sense given the MCSS mandate to provide services to children and families. The government remains committed to ensuring that FRO continues to deliver the most aggressive family support enforcement program in the country.

Improving Access to Justice

The mandatory mediation program has been operating on a pilot basis in the Ottawa and Toronto civil courts since January 1999. A mediator works to help the parties resolve the dispute themselves early in the litigation process. A program evaluation completed in early 2001 under the auspices of the Civil Rules Committee found that mandatory mediation has a favourable impact on the speed of dispute resolution and the cost of litigation. The Rules Committee has recommended making the program a permanent feature of Ontario’s civil justice system, with some fine-tuning.

As of April 2, 2001, claims of up to $10,000 can be pursued in Small Claims Court, an increase from the previous monetary jurisdiction of $6,000. The change will enable litigants to make or defend a wider range of claims quickly, simply and inexpensively. A province-wide survey of Small Claims Court customers found that more than 81 per cent were pleased with the court’s service.

Modernizing the Justice System

New courthouses officially opened in Windsor and Brampton, part of the government’s $269 million investment in court construction and renovation since 1995 – the largest such investment in Ontario history. State-of-the-art facilities make the courts more accessible and efficient, providing swift justice and protecting our communities.

The Ontario SuperBuild Corporation is an agency of the Ministry of Finance responsible for co-ordinating the government’s capital planning and expenditures. In summer 2000, SuperBuild issued a request for consultants to help develop a public-private partnership approach to further modernize court facilities. The Durham consolidated courthouse will be the first to benefit from the partnership approach. In all, the selected consultants are now working on 13 courthouse projects in 12 communities around Ontario.

The Integrated Justice Project – a partnership among the three justice ministries and the private sector – continued its work to build an information system linking people who work in the justice sector. The goal is to create a modern, accessible and effective justice system that will enhance community safety and further strengthen public confidence.

As part of local services realignment, the ministry has transferred to municipalities responsibility for administering charges as well as for prosecution of most "ticketable" offences under the Provincial Offences Act. Municipalities keep most fine revenue collected and have more control over local justice matters. The only remaining transfer, to the City of Toronto, is expected to occur in 2001-2002. The ministry continues to work with municipal partners to ensure standards of justice and service are maintained.

Entering the Digital Age

Proclaimed in force in October 2000, the Electronic Commerce Act, 2000, paves the way for the expansion of the digital economy by ensuring that electronic contracts, documents and signatures have the same effect as their paper counterparts. Ontario was the first province in Canada to bring e-commerce legislation into effect.

Up-to-date versions of Ontario laws are now available online within 14 days of new or amended legislation coming into force – compared with previous time lags of 12 to 18 months. This improvement has been made possible by e-Laws, a new bilingual website launched in February 2001 at www.e-laws.gov.on.ca. This initiative reflects the government’s commitment to electronic service delivery to give people access to government services where, when and how they want them.

Walkerton Compensation Plan

As part of the government’s comprehensive response to the Walkerton tragedy, the ministry introduced the Walkerton Compensation Plan to provide people the compensation they could expect to receive through the courts, but to do so in a simpler fashion. The government’s plan is the centrepiece of the class action settlement approved by Chief Justice LeSage in March 2001. The settlement preserves the plan’s underlying principles and major components while making some amendments and placing the plan’s operation under court supervision.

Keeping Our Streets and Communities Safe

As announced in the 2001 Ontario Budget, the government will invest $6 million annually for police services and dedicated Crown attorneys to enhance the comprehensive, multi-pronged approach to combat organized crime. Ontario’s innovative strategy also includes taking the profit out of criminal enterprises. The proposed Remedies for Organized Crime and Other Unlawful Activities Act, introduced by the Attorney General in May 2001, would be the first legislation in Canada to use civil law to seize, freeze and forfeit the proceeds of illegal activity. If passed, the Act would also enable the victims of organized crime to claim compensation against forfeited proceeds.

DNA evidence is one of the most valuable crime-fighting tools to emerge in decades. The federal DNA Identification Act took effect in June 2000, creating a national DNA databank. The ministry is applying to the courts to obtain DNA samples from approximately 650 serious offenders who committed such crimes as murder, sexual assault and kidnapping before the legislation took effect. The ministry also plans to seek DNA samples from those committing serious offences after the legislation came into force.

The 2001 Budget committed $1 million annually to double the number of Youth Justice Committees from 18 as previously planned to 36. In these committees, non-violent young offenders face probing examinations of what they did, why they did it, how it affects the community and how they can make up for it. The experience of similar committees in other jurisdictions shows low repeat offence rates. This approach protects the public and helps young people turn away from a life of crime.

Ensuring that Victims’ Rights Are Respected

In line with the Victims’ Justice Action Plan, the government will expand victims’ justice services to improve province-wide access. Undergoing significant expansion will be V/WAP, which supports victims and witnesses throughout the criminal justice process, and VCARS, which offers immediate help to victims of crime or disaster 24 hours a day, seven days a week. SupportLink will build on two pilot projects that supply wireless phones pre-programmed to 911 to victims at risk of sexual assault, domestic violence and stalking. As well, a Northern Strategy will guide the development of alternate ways to provide services suited to the geography, demographics and economics in northern communities.

Ontario’s innovative domestic violence court program will be expanded to an additional eight sites, for a total of 24 across the province. The goal is to provide better support for victims and send the message that domestic violence will not be tolerated in Ontario.

As of April 2001, the government consolidated victim services offered by the Ministries of the Attorney General and of the Solicitor General in a single division. Based in the Ministry of the Attorney General, the new division has a mandate to improve the co-ordination of services.

The Attorney General intends to introduce legislation to protect victims by seizing money offenders receive for recounting their crimes in books or interviews.

Protecting Our Children

As announced in the 2001 Budget, the government will spend $15 million annually to break the cycle of youth prostitution. Supporting this commitment, the Attorney General intends to table legislation to protect children forced into prostitution and save them from further victimization.

Over the next two years Supervised Access Centres will be extended province-wide to a total of 77 sites providing safe, neutral locations for contact between children and non-custodial parents or other relatives. This initiative will build on previous expansion and keep the government’s commitment to protect children and support families.

Investing in Justice

The government will continue its unprecedented investment to build court facilities for the 21^st century. Construction of a consolidated courthouse is under way in Owen Sound and projects will begin in Chatham and Brockville. As well, planning is expected to begin for new consolidated facilities in Pembroke.

The Integrated Justice Project (IJP) plans to move forward with the development and testing of key systems, such as digital audio recording in the courts and the electronic exchange of information briefs from police to Crown attorneys. IJP is a wide-ranging initiative to re-engineer and electronically link elements of the provincial justice system.

The government is investing in new information systems for the Office of the Public Guardian and Trustee. The new technology will enable the office to improve response times and better protect the personal and property rights of incapable people.

Modernizing the Civil Justice System

In April 2001, the Attorney General introduced legislation to reform limitation periods for starting lawsuits, an area where change is long overdue. If passed, the bill would set two clear and fair time limits for commencing a lawsuit, ending confusion and balancing the interests of plaintiffs and defendants. The bill includes several important exceptions. For example, no time restrictions would be set to bring claims based on sexual assaults that occurred in a relationship of trust, and there would be no limitation period for environmental claims that have not been discovered.

As of July 3, 2001, case management will apply to all new civil cases commenced in Toronto, with limited exceptions – an increase from the approximately 25 per cent formerly covered. Case management establishes time frames for specific events in a lawsuit, with the flexibility to respond to the circumstances of each case, and also gives parties opportunities to settle, narrow and consolidate issues. The aim is to reduce delay and cost. The government has appointed five additional case management masters in Toronto, for a total of 11, to support the expansion.