TLA Advocacy Committee provides ‘the voice of our members’

By Tony Poland, LegalMatters Staff • Finding ways to improve the processes and procedures of the legal profession is at the heart of the Toronto Lawyers’ Association (TLA) Advocacy Committee’s mandate, says chair Jennifer Arduini.

“We are here to represent the interests of Toronto lawyers,” she tells LegalMattersCanada.ca. “We are the voice of our members, and we do our best to get their views across to the government and the courts.”

The Advocacy Committee has a mandate to:

• monitor issues of relevance to Toronto lawyers on which TLA can play a role in advocating;
• prepare submissions to the Judiciary, Law Society of Ontario, the Ministry of the Attorney General and other government and regulatory authorities in respect of proposed amendments to legislation, policies, rules or issues of practice and procedure, and respond to requests for submissions from such organizations;
• assist the board of directors in identifying actions or appeals that raise issues of particular concern to Toronto lawyers where it would be appropriate for the TLA to seek intervenor status; and
• communicate with other lawyer advocacy groups.

“It is vital to have committees such as ours to express what is happening on the ground,” Arduini says.  “Lawyers provide perspectives on the profession that only lawyers have.

‘A unique opportunity for lawyers to contribute”

“It is a volunteer committee and everyone is enthusiastic about serving,” she adds. “It is a unique opportunity for lawyers to contribute to the legal profession.”

Arduini says the committee relies on the help of a dozen members but also receives input from the 24-member board of directors.

“We have a diverse and good complement of lawyers serving on our committee,” she says. “It is not just litigators but also in-house lawyers, so we have a good mix of viewpoints shared at the table.”

The committee not only responds to consultation requests from the Ministry of the Attorney General or the court, “we also proactively find issues that we are interested in addressing and push them forward,” Arduini says. 

“We believe we have a great deal to contribute and we are pleased on behalf of our members that the courts and the province will hear us on so many important issues,” she says.

Modernization of the courts is “perhaps the biggest issue that our organization and the committee has been addressing,” says Arduini.

Kick-started modernization process

“One positive outcome from the COVID pandemic is that it kick-started the modernization process, which was long overdue in this province,” she says. “Our committee has spent the better part of the past few years partnering with other stakeholders and providing our insight to help make our courts more efficient.

“The biggest issue right now is dealing with the delays that have been plaguing Toronto courts,” Arduini adds. “Other jurisdictions are feeling it as well, of course, but Toronto is having a significant issue with getting matters heard, in particular motions.” 

Currently, it takes about a year before a motion can be heard by the court, she says.

“Even an urgent motion is taking months at this point and that is not healthy for the administration of justice.,” says Arduini. “Our justice system needs to respond to important legal matters more swiftly and in a meaningful and efficient manner. This is an access to justice issue that needs to be at the fore of all justice stakeholders” 

However, modernization is a “complicated issue,” she says. All justice stakeholders are working hard to make the necessary improvements, but change takes time and resources. 

‘Many moving parts involved’

“Everyone may be working toward a common goal but it is important to remember that there are many moving parts involved.”

The TLA is constantly examining the best way to share its expertise, she says.

“We expect the court may propose some changes to its rules, practice directions or general operations in an effort to get more matters heard earlier,” Arduini says. 

She says the Toronto Lawyers’ Association is well-positioned to provide valuable input.

“We are in a bit of a unique position because, at its heart, the TLA is a county law association,” Arduini says. “There are obviously other interest groups involved but we have a special role in dealing with Toronto courts in particular.”

The committee has examined how to move forward with online court proceedings and whether matters should be held in person or on platforms such as Zoom, she says.

“Once the pandemic hit, the court and the province looked at what types of proceedings could be conducted remotely,” Arduini says. “Before COVID-19, telephone conferences were probably not a popular choice. Now they are quite common.

“There are presumptive guidelines that the court uses to figure out how to proceed with matters and most are presumed to proceed virtually at this point,” she adds. “That wasn’t the case before. However, there are still some wrinkles to iron out.”

Lawyers have had to pivot

Arduini says lawyers have had to pivot to keep up with changing technology in light of court modernization.

“There are certainly those who may not have been accustomed to using technology to a great extent,” she says. “That is a competence issue and the Law Society of Ontario has identified it as such and is addressing it. There is an educational aspect that some lawyers may still need to undergo in order to adapt. Those who have embraced change understand the benefits of using more technology in their practices.” 

Accessibility may present another challenge, Arduini says.

“It is just not realistic to expect that everyone can access online hearings or Zoom court,” she says. “There is a real connectivity issue in places other than big urban centres such as Toronto and Ottawa. “We have to be careful about that. If we implement strict rules requiring all parties to use newer technology at all times, then we could be shutting people out.”

In the end, Arduini says the importance of advocating for change to improve the legal system cannot be understated.

“We believe that when the TLA speaks, stakeholders listen and the perspectives we share are appreciated,” she says. “All Toronto lawyers should be members of the TLA to enhance our voice when we speak on matters important to lawyers. I am constantly reminding lawyers that if they have an issue with the courts in Toronto, they should join the TLA and engage with the Advocacy Committee and have a direct say in improving the system.”