LSO Barrister Public Law 2 — Questions and Answers
Question 1: What is the Ontario 'Environmental Bill of Rights' (EBR) and what rights does it provide?
- It prohibits all industrial activity in Ontario
- It provides Ontarians with the right to participate in environmental decision-making through the Environmental Registry, the right to request investigations and reviews, and whistleblower protections for employees who report environmental violations (Correct answer)
- It only applies to federal environmental matters
- It guarantees a constitutional right to a clean environment
Correct answer: It provides Ontarians with the right to participate in environmental decision-making through the Environmental Registry, the right to request investigations and reviews, and whistleblower protections for employees who report environmental violations
The EBR provides: (1) the right to comment on environmentally significant government proposals through the Environmental Registry; (2) the right to request a review of existing policies or laws; (3) the right to request an investigation of environmental violations; (4) the right to sue for harm to a public resource; (5) whistleblower protection for employees who report environmental violations. It does not create a constitutional right to a clean environment but provides participatory and procedural rights.
Question 2: What is the 'Statutory Powers Procedure Act' (SPPA) and how does it affect Ontario tribunals?
- It creates the power for tribunals to impose criminal penalties
- It sets minimum procedural requirements for Ontario tribunals exercising statutory powers of decision, including rules about hearings, evidence, notice, disclosure, and the right to counsel, while allowing tribunals to adopt additional procedures (Correct answer)
- It only applies to the Ontario Labour Relations Board
- It replaces all tribunal-specific legislation
Correct answer: It sets minimum procedural requirements for Ontario tribunals exercising statutory powers of decision, including rules about hearings, evidence, notice, disclosure, and the right to counsel, while allowing tribunals to adopt additional procedures
The SPPA establishes baseline procedural requirements for Ontario tribunals that exercise 'statutory powers of decision' — the power to decide the rights, privileges, or interests of a party. It covers: notice requirements, hearing procedures (oral, written, or electronic), evidence rules, the right to counsel or representative, adjournment powers, and reasons for decisions. Individual tribunal enabling statutes may supplement these minimum requirements.
Question 3: How does the Canadian Charter of Rights and Freedoms apply to Ontario provincial legislation?
- The Charter does not apply to provincial legislation
- The Charter applies to all Ontario provincial legislation and government action, and any law inconsistent with the Charter is of no force or effect unless saved by section 1 (demonstrably justified limits) or section 33 (notwithstanding clause) (Correct answer)
- The Charter only applies to criminal law
- The Charter only applies to federal legislation
Correct answer: The Charter applies to all Ontario provincial legislation and government action, and any law inconsistent with the Charter is of no force or effect unless saved by section 1 (demonstrably justified limits) or section 33 (notwithstanding clause)
Section 32 of the Charter makes it applicable to both Parliament and provincial legislatures in respect of all matters within their authority. Any Ontario law or government action that infringes a Charter right is invalid unless: (1) the infringement is a reasonable limit 'demonstrably justified in a free and democratic society' under section 1 (applying the Oakes test); or (2) the Legislature has invoked section 33 (the notwithstanding clause). Ontario invoked section 33 in 2018 (Keeping Students in Class Act, 2022) and in connection with municipal elections legislation.
Question 4: What is the role of the Ontario Information and Privacy Commissioner (IPC)?
- The IPC is a law enforcement agency
- An independent officer overseeing compliance with FIPPA, MFIPPA, and PHIPA, resolving access to information appeals, investigating privacy breaches, and issuing binding orders on access and privacy matters (Correct answer)
- The IPC only advises the government on privacy policy
- The IPC's jurisdiction is limited to health information
Correct answer: An independent officer overseeing compliance with FIPPA, MFIPPA, and PHIPA, resolving access to information appeals, investigating privacy breaches, and issuing binding orders on access and privacy matters
The IPC oversees three statutes: FIPPA (provincial government), MFIPPA (municipalities), and PHIPA (personal health information). Key functions include: resolving access to information appeals (through mediation or binding order), investigating privacy breach complaints, reviewing government compliance, issuing guidance and best practices, and conducting own-initiative investigations. IPC orders are binding and can be enforced in court. The Commissioner is appointed by the Legislature.
Question 5: What is the doctrine of 'Crown immunity' and how has it been modified in Ontario?
- The Crown can never be sued in Ontario
- Historically, the Crown was immune from suit, but the Ontario Proceedings Against the Crown Act allows civil proceedings against the Crown in most circumstances, with certain exceptions including core policy decisions (Correct answer)
- Crown immunity has been completely abolished in Ontario
- Crown immunity only protects the Lieutenant Governor
Correct answer: Historically, the Crown was immune from suit, but the Ontario Proceedings Against the Crown Act allows civil proceedings against the Crown in most circumstances, with certain exceptions including core policy decisions
Under common law, the Crown could not be sued ('the King can do no wrong'). The Proceedings Against the Crown Act (PACA) substantially modified this by allowing civil actions against the Crown in most circumstances, subject to exceptions. The Crown remains immune from certain claims relating to core policy decisions (as opposed to operational decisions — the policy/operational distinction from Just v British Columbia). Limitations on remedies (e.g., injunctions against the Crown are rare) also apply.
Question 6: What is the purpose and scope of Ontario's 'Accessibility for Ontarians with Disabilities Act' (AODA)?
- It only requires wheelchair ramps in government buildings
- It aims to achieve a fully accessible Ontario by 2025 through mandatory accessibility standards in five areas: customer service, information and communications, employment, transportation, and design of public spaces (Correct answer)
- It only applies to the provincial government
- It is a voluntary guideline with no enforcement mechanism
Correct answer: It aims to achieve a fully accessible Ontario by 2025 through mandatory accessibility standards in five areas: customer service, information and communications, employment, transportation, and design of public spaces
The AODA sets a goal of full accessibility by 2025 through five mandatory accessibility standards: (1) customer service; (2) information and communications; (3) employment; (4) transportation; and (5) design of public spaces. It applies to all Ontario organizations (public and private sector, with phased implementation by organization size). Non-compliance can result in significant penalties. The Accessibility Standards Advisory Council advises the government on standard development.
LSO Barrister Public Law 2
What is the Ontario 'Environmental Bill of Rights' (EBR) and what rights does it provide?