Latest news with #MinistryoftheAttorneyGeneral
Yahoo
22-07-2025
- Politics
- Yahoo
Zoom-bombing concerns prompt Ontario to halt full public access to virtual court
An increasing number of Zoom bombings infiltrating Ontario courtrooms now means the public is banned from attending proceedings virtually. On Wednesday, Assistant Deputy Attorney General Katie Wood sent a memo to court staff across the province saying "the public will not be permitted to observe proceedings virtually." "If the public would like to attend, they will be required to do so in person," the memo said. Virtual court hearings became commonplace during the COVID-19 pandemic that set in over five years ago, and since then, more concerns have been raised about Zoom bombings. Typically, it's when participants in a video conferencing meeting have had their screens hijacked by someone who's placed words and images on the screen or disrupted the call's audio. Wood's memo noted there's been a notable rise in "Zoom-bombing incidents ... involving offensive content and targeted behaviour that have disrupted court proceedings." Gytis Pabedinskas, a Windsor defence lawyer, has been in court on two occasions when Zoom bombers appeared. "When the account went in, it started playing a pornographic [video] as well as had some audio playing where it was calling the judge an N-word," said Pabedinskas. Even though these incidents are disturbing, local defence lawyer Laura Joy said the courts could have better utilized technology to prevent interruptions instead of instituting a virtual ban for the public. "I understand why they're doing it, but I'm very hopeful that everybody will keep in mind the fundamental cornerstone of Canadian justice is transparency and open courts to the public," said Joy. Concerns over removing public virtual access Noel Semple, an associate professor in the University of Windsor's faculty of law, also said removing the public's virtual access to courtrooms is problematic. "The open court principle is quite foundational in the Canadian legal system. Justice is not supposed to be in private, in darkened back rooms. It's supposed to be done in public. We should be doing everything we can to honour that principle." Victims or complainants who want to appear virtually for their court matters must seek prior approval, Wood's memo says. The media also must get permission before observing court virtually. The memo goes on to warn court staff about "Zoom bomber tactics," such as them posing as correctional institutions, interpreters or even police departments. In a statement, a spokesperson for the Ministry of the Attorney General noted the observer policy is available online and members of the public are permitted to attend court, in person. 'Come on down to the courthouse' Defence lawyer Linda McCurdy applauds Zoom access being removed for observers. McCurdy has been practising law for nearly 30 years, while virtual court only materialized in recent years. "I don't view it at all as restricting or taking away something," she said about Wood's announcement. "It's making sure that the court process is protecting from the kind of stuff that's going on. "If you want to participate, if you want to view, come on down to the courthouse," she added. Since the pandemic, she's seen formalities slip. McCurdy said she's been in court when witnesses attending virtually are laying in bed or walking their dog, or an observer was heard going to the bathroom. "They don't really take it seriously."
Vancouver Sun
27-06-2025
- Health
- Vancouver Sun
Ontario ends legal battle to avoid covering surgery for non-binary resident who wants a vagina while keeping a penis
A non-binary Ontario resident's years-long battle for a publicly funded, out-of-country surgery to have a vagina surgically created while maintaining a penis is over. The Ontario government says it won't ask the Supreme Court of Canada to review a lower court's ruling in April declaring that the novel phallus-preserving surgery qualifies as an insured service under the Ontario Health Insurance Plan (OHIP) — the latest win for the patient, identified only as K.S. The province had until June 23 to seek leave to appeal the April court ruling to the country's highest court. In an email to National Post this week, a spokesperson for Ontario's Ministry of the Attorney General said the government won't pursue the case. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. It's not clear how requests for similar niche gender surgeries will be decided or adjudicated in the future. The lengthy legal battle between K.S., who was born male, dates back to 2022. K.S. does not identify as either exclusively female or male, but is female dominant and uses feminine or neutral pronounces (she/her/they/them). According to court records, K.S. 'has experienced significant gender dysphoria since her teenage years, as well as physical, mental and economic hardships to transition her gender expression to align with her gender identity.' In 2022, her Ottawa doctor requested pre-approval from OHIP for a vaginoplasty — the surgical creation of a vaginal cavity — but without a penectomy, which is when the penis is removed. In a letter to OHIP, K.S.' doctor said that her patient 'identifies as trans feminine but not completely on the 'feminine' end of the spectrum and for this reason it's important for her to have a vagina while maintaining a penis.' A vaginoplasty without a penectomy isn't available in Canada and, therefore, the funding was to have the procedure done at the Crane Center for Transgender Surgery in Austin, Texas, which 'has an excellent reputation (for gender-affirming surgery) and especially with these more complicated procedures,' the doctor wrote to OHIP. OHIP denied the coverage, arguing a vaginoplasty without removal of the penis isn't listed as a separate, specific procedure under its schedule of benefits, and therefore didn't qualify for coverage. K.S. appealed OHIP's denial of coverage to a tribunal. K.S. testified to concerns about the risk of urinary incontinence if she went through with a penectomy, 'the risk of losing the ability to experience an orgasm and the concern that removing her penis would invalidate her non-binary identity,' according to court documents. The review board overturned OHIP's refusal, arguing that vaginoplasty and penectomy are listed as separate, sex reassignment procedures covered by OHIP, and that a vaginoplasty need not inherently include removal of the penis. OHIP appealed to the Ontario Divisional Court, but lost again when a three-member panel of judges unanimously backed the tribunal's position. That court also said that denying the procedure would infringe on K.S.' Charter-protected rights. The court concluded that insisting that a transgender or non-binary person born a biological male 'remove their penis to receive state funding for a vaginoplasty would be inconsistent with the values of equality and security of the person.' OHIP appealed again, losing a third time to the Ontario Court of Appeal which, in another unanimous decision released in April, dismissed OHIP's appeal and confirmed the lower court's ruling. The three-member panel of judges for the appeal court said a penectomy was 'neither recommended by K.S.' health professionals nor desired by K.S.' and that it was up to the drafters of OHIP's list of insured services to describe each sex reassignment procedure 'in broad or narrow terms. 'Here, the description chosen, 'vaginoplasty,' is broad enough to encompass different techniques,' the appeal court said. 'There is no suggestion that the existence of different techniques of performing a vaginoplasty detract from the more basic notion that the procedure recommended for K.S. is still vaginoplasty.' Egale Canada, which appeared as an intervener for K.S., has described the surgical care K.S. sought as one that 'challenges expectations and stereotypes of gender and surgical transition.' 'An interpretation of the eligibility criteria for gender-affirming surgeries that relies on binary stereotypes is discriminatory and denies equal dignity and autonomy to nonbinary people,' the LGBTQ rights group has said. K.S.'s lawyer, reached Friday, referred National Post to previous comments, made after a prior victory in the courts. 'K.S. is pleased with the Court of Appeal's decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario's Health Insurance Act and its regulations,' John McIntyre said. National Post Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
CBC
14-04-2025
- Business
- CBC
Ontario's severed ties with Starlink impedes access to legal services in remote First Nations
Indigenous legal advocates in northwestern Ontario are sounding the alarm over the Ontario government's cancellation of its contract with Starlink, citing concerns with people's access to legal services in remote First Nations. Last month, Premier Doug Ford announced he'd be ripping up the $100-million deal with Elon Musk's internet provider, as a retaliatory measure in the ongoing Canada-U.S. trade war. Starlink, developed by Musk's company SpaceX, is a low-orbit satellite constellation system known for improving broadband internet access in rural and remote communities. Musk — called a "special government employee" by U.S. president Donald Trump — has received heavy criticism for his role in the Trump administration's government cutbacks, resulting in a growing trend of people 'cancelling' products and services associated with him. But in northwestern Ontario, this means the end of the Starlink-Navigator Program delivered by Nishnawbe-Aski Legal Services Corporation (NALSC), which "permitted community members, who often do not have access to internet, or reliable internet, an opportunity to participate in virtual courts." NALSC serves people across Nishnawbe Aski Nation (NAN) territory, which covers 49 First Nations across Treaties 9 and 5. The Starlink-Navigator Program allowed the organization to assist between five and 80 people in attending virtual court per session across 29 court locations. WATCH | Protesters tee off on Trump, Musk in global 'Hands Off' rallies: Protesters rally against Trump in dozens of cities across U.S. and worldwide 9 days ago Duration 4:47 "Going forward, NAN community members will need to independently find the means and technology to attend court via Zoom," NALSC said in a statement last Tuesday. The organization, which declined to do an interview, issued a follow-up statement on Thursday, providing more details about the Ministry of the Attorney General's refusal to renew funding for the program. "Without funding to this critical program, it is anticipated that, alongside ancillary effects, many individuals will be unable to participate in the court process when their respective court is proceeding virtually," NALSC said in Thursday's release. "A lack of funding for the Starlink-Navigator Program will further strain an already overburdened legal system. Communities should expect to see an increased cost to complete matters, as the inability to facilitate virtual court appearances will delay legal proceedings." CBC News has reached out to the Ministry of the Attorney General for comment on NALSC's concerns and is awaiting a response. Daniel Cox is a member of Fort William First Nation and a lecturer at the Bora Laskin Faculty of Law in Thunder Bay. He described the suspension of the Starlink-Navigator Program as a "step backwards." "This is obviously going to hamper access to justice," said Cox. Among his concerns are people's constitutional rights to trials within a reasonable timeframe, as well as the limited ability of lawyers to travel to remote communities to provide in-person services. "We've got an aging bar. There are fewer and fewer lawyers that have the capacity to continue to take on clients from these northern communities," he said. There's also the issue of people failing to attend their court dates due to lack of remote access, which can lead to further incarceration, Cox added. This is obviously going to hamper access to justice. While Indigenous people make up about five per cent of Canada's population, they account for 32 per cent of all individuals in federal custody, according to Public Safety Canada. Meanwhile, about half of federally-incarcerated women are Indigenous. "If our goal is to try to reduce this overrepresentation, surely cutting down the access to the court system virtually can only hamper any efforts that we've had in place," said Cox. Technology as a touchpoint Francine McKenzie, who is completing her final year at the Bora Laskin Faculty of Law, grew up in Red Lake and is a member of Muskrat Dam First Nation. She's previously worked for communities at the tribal council level. A big part of what drew her to law school was her desire to improve First Nations' access to justice. "I thought it's amazing to see technology like this being accessed and used in our communities because it's desperately needed," McKenzie said of the Starlink-Navigator Program. "Court is a very, very hard process for people, so having that connection to someone in their community, having that consistency, I think that's really important." Beyond the criminal justice system, she wants to see technology used to bridge the gap in other areas, such as family law and wills and estates planning. I thought it's amazing to see technology like this being accessed and used in our communities because it's desperately needed. "We look at Telehealth in the north and what it's done for our communities in that aspect, so I think this is definitely something that could be developed and really needs the commitment of long-term, reliable funding from all the partners," McKenzie said. In Cox's view, the downstream solution is finding a way to substitute the service if it is no longer provided through Starlink. Quoting Kiiwetinoong MPP Sol Mamakwa, he said, "we've got to invest in a homegrown infrastructure, whether it's hardwired infrastructure or perhaps incentivizing or encouraging Canadian telecom providers to come up with some type of similar service provision." As for an upstream solution, Cox said First Nations may consider parting ways with Canada's justice system if it's not meeting their people's needs, "and moving towards more traditional and Indigenous justice in their communities." McKenzie added that it's important for people to recognize the work NALSC does in NAN territory. "I think it's something that is really unappreciated sometimes," she said. "As long as that continues to be maintained, I hope that other partners will come and support them and be able to provide more access."
CBC
09-04-2025
- CBC
Trio charged in death of Ontario restaurateur fight extradition from Scotland
Three men facing charges in the death of an Owen Sound, Ont., restaurant owner are fighting their extradition from Scotland with claims that Canadian jails are overcrowded and disease-ridden. Sharif Rahman, 44, was attacked outside of The Curry House restaurant in downtown Owen Sound on Aug. 17, 2023, after confronting three men about an unpaid $150 bill. The 44-year-old husband and father of a young girl died a week later in a London, Ont., hospital. Robert Evans, 24, faces a charge of manslaughter. His father, Robert Busby Evans, 47, and his uncle, Barry Evans, 54, are charged with being accessories after the fact. All three remain in custody pending extradition proceedings. At a preliminary hearing in Edinburgh Sheriff Court last week, their lawyer claimed that overcrowding and "harsh conditions" in Ontario provincial jails are "known issues" and should be considered in the extradition decision. The lawyer also raised concerns about access to health care, citing an outbreak in March of streptococcal A disease that killed two inmates at the Maplehurst Correctional Complex in Milton, Ont. The court was told that an expert's report on conditions at Canadian correctional institutions has been requested. Sheriff Julius Komorowski, who presided over the hearing, instructed the prosecution to liaise with Ontario authorities to determine where the three men would be held if extradited and to seek assurances about jail conditions. No family or friends of the accused were present during the proceedings. The trio are scheduled to return to court in late April for the conclusion of the preliminary hearing. Canadian authorities have provided the public with scant information about the case, refusing to discuss why the accused were in the country, how and when they left, or details about the altercation that led to Rahman's death. In August 2024, almost a year after the incident, police issued a brief news release saying arrests had been made. It wasn't until Dec. 19 that investigators disclosed the names of the suspects and confirmed that the father and son had been apprehended in late July, and the uncle at the end of October. Ontario court documents about the case remain sealed. Questions from CBC News about the case have gone unanswered, with the Ministry of the Attorney General, Crown and courts all saying there is no "publicly available information" to share.
