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Advocates in Action

AUGUST 2022

In this issue, read about:
  • TAS’s motion for leave to intervene on privilege issue in Auditor General of Ontario v. Laurentian University of Sudbury at the Court of Appeal for Ontario
  • TAS’s submission on proposals to amend the federal judicial discipline process
  • TAS’s call for protection of court functions during Ontario Line construction on grounds of Osgoode Hall in Toronto
Want to learn more? The Advocacy menu tab at www.advocates.ca provides links to other initiatives we are pursuing.
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INTERVENTION 

TAS Seeks Leave to Intervene on Privilege Issue before Court of Appeal for Ontario


TAS has sought leave to intervene in the appeal of Auditor General of Ontario v. Laurentian University of Sudbury at the Court of Appeal for Ontario. This appeal concerns whether Ontario’s Auditor General Act requires organizations being audited to release information and records subject to solicitor-client privilege, litigation privilege, and settlement privilege to the Auditor General.
 
Privilege plays a fundamental role in ensuring access to justice and the proper functioning of our legal system. If granted leave, TAS will argue that the Auditor General Act does not contain the clear, explicit, and unequivocal legislative language necessary to abrogate these important legal privileges.
 
TAS thanks our intervention counsel in this matter, Cynthia Spry and Michael Bookman of Babin Bessner Spry LLP in Toronto.
 
Read TAS’s motion for leave to intervene here.
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SUBMISSION
TAS Recommends More Court Oversight in Proposal to Reform Federal Judicial Discipline Process

On December 16, 2021, Bill C-9, An Act to amend the Judges Act, was introduced in the federal House of Commons. The bill proposes to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council.
 
TAS supports the government's initiative to reform the CJC's process for reviewing allegations of judicial misconduct, as it is currently susceptible to delay and inflated costs. However, TAS is of the view that Bill C-9 does not provide sufficient external judicial oversight of the CJC. TAS has written to the Minister of Justice and the House of Commons Standing Committee on Justice and Human Rights to make recommendations for how to provide for adequate judicial oversight within the legislative scheme.
 
Read Bill C-9 here.
 
Read TAS's letter, dated July 18, 2022, here.
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SUBMISSION
TAS Expresses Concerns about Impact of Ontario Line Construction on Access to Justice in Ontario

TAS has called on Metrolinx and the Ontario government to ensure that the construction of the new Osgoode Station, part of the Ontario Line, on the grounds of Osgoode Hall in Toronto does not compromise access to justice at the nearby Court of Appeal for Ontario, Divisional Court, or Superior Court of Justice.
 
Read TAS’s letter, dated August 2, 2022, here.
 
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