5 things to know about Ford government's proposed changes to justice system

Laura Babcock, Dellen Millard feature in changes contained in Smarter and Stronger Justice Act

Yorkregion.com
Dec. 12, 2019
Jeremy Grimaldi

The Ontario government proposed some major changes and minor tweaks to the province's legal framework this week in a bid to “ensure crime does not pay” and to “stand up for the victims of crime.”

Here are five significant changes proposed in the Smarter and Stronger Justice Act.

1. Civil forfeiture -- Since 2003 in Ontario, $63.2 million in property has been forfeited, much of it by criminal enterprises, to the Crown. The Ontario government is now making it easier for the government to access this money. How, you might ask? Well, Attorney General Doug Downey used the example of police stopping a group of men in a car. Once the vehicle halts, the men scatter and $5,000 cash is found in the back of the car. Previously, even if no one claimed the money it could only be shared with victim groups following a long court process. If the bill is passed, both the money and vehicle, if not claimed by anyone (following at least two “serious attempts”), can now be used by the government. As always, at least a portion of that money will go to victim groups, and could flow faster if the changes are adopted.

2. Cyber-bullying -- If someone is convicted of cyber-bullying, which includes the sharing of sexual or inappropriate images, new rules will make it easier for victims to sue those responsible in civil court. If the law is passed, civil court will no longer force victims to take the stand all over again where testimony from the criminal courts suffices.

3. Online notarizing -- Should a father in York Region wish to gift his vehicle to his son, the current method would force both to attend a lawyer's office to sign affidavits. This law proposes a streamlined approach where the pair can complete the documents online like in many American states.

4. Class-action lawsuits -- The legislation proposes a new test in the certification process at the outset of these lawsuits as a way of ensuring the case has a chance of success. This could help ensure cases don't unnecessarily languish for years, clogging up the court system.

5. Death registry -- After Dellen Millard was found guilty of murdering his ex-girlfriend Laura Babcock, her mother, Linda Babcock, was forced to prove to Ontario's Office of the Chief Coroner that her daughter was actually dead (considering Laura's remains were never recovered). This law will provide a resolution to this gap, allowing a separate system to take over in rare circumstances where no human remains are recovered.