Smarter and Stronger Justice Act
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| Smarter and Stronger Justice Act | |
|---|---|
| Legislative Assembly of Ontario | |
| |
| Citation | S.O. 2020, c. 11 |
| Assented to | July 8, 2020 |
| Legislative history | |
| Bill citation | Bill 161 |
| First reading | December 9, 2019 |
| Second reading | March 5, 2020 |
| Third reading | July 7, 2020 |
| Status: Current legislation | |
The Smarter and Stronger Justice Act (French: Loi de 2020 pour un système judiciaire plus efficace et plus solide) is an act of the Legislative Assembly of Ontario which made several reforms to the provincial justice system.
Provisions
[edit]The legislation changes the Legal Aid Services Act, 2020 to give Legal Aid Ontario the power to determine whichi services legal aid clinics should provide.[1]
The processes around property forfeiture in the Civil Remedies Act are simplified, by allowing personal property to be forfeited without a court order in uncontested cases.[2]
The legislation makes significant changes to class actions in the province through amendments to the Class Proceedings Act.[3]
Reception
[edit]Michael Spratt, a former director of the Criminal Lawyers’ Association and vice president of the Defence Counsel Association of Ottawa, criticized the legislation, suggesting the Ford government would make "unqualified patronage appointments".[4]
The Law Commission criticized the legislation for imposing "mandatory and conjunctive 'superiority' and 'predominance' tests".[5]
References
[edit]- ^ Balakrishnan, Anita (June 10, 2020). "Ministers probe Ontario bill 161 on class actions and legal aid". Law Times. Archived from the original on June 26, 2020. Retrieved July 18, 2025.
- ^ Edillor, Ynah (December 11, 2019). "List of changes proposed by AG Downey in bill 161". Law Times News. Archived from the original on June 24, 2020. Retrieved July 18, 2025.
- ^ Chiodo, Suzanne (May 4, 2023). "'Keep Calm and Stay Classy': Bill 161 and Proposed Changes to the Ontario Class Proceedings Act". Civil Justice Quarterly. 39 (2): 180–191 – via SSRN.
- ^ Spratt, Michael (December 13, 2019). "'Smarter and stronger'? New law is really a cruel gutting of access to justice for the impoverished". CBC News. Archived from the original on December 31, 2019. Retrieved July 18, 2025.
- ^ Carolino, Bernise (February 5, 2020). "Law Comission of Ontario reacts to changes to Class Proceedings Act proposed in bill 161". Law Times. Archived from the original on June 15, 2021. Retrieved July 18, 2025.