ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J. S.C. CUNNINGHAM, SWINTON AND SMITH JJ.
B E T W E E N:
GUY BABINEAU
Applicant
- and -
HER MAJESTY THE QUEEN AS REPRESENTED BY THE LIEUTENANT GOVERNOR OF ONTARIO AND THE ATTORNEY GENERAL OF ONTARIO, and THE LAW SOCIETY OF UPPER CANADA
Respondents
In Person
Michael T. Doi, for the Respondents, Her Majesty the Queen as Represented by the Lieutenant Governor of Ontario and the Attorney General of Ontario
Helen A. Daley, for the Respondent, the Law Society of Upper Canada
HEARD at Toronto: October 8, 2009
A.C.J.S.C. CUNNINGHAM.: (Orally)
1The applicant seeks a declaration that the by-laws, rules and regulations made by the Law Society of Upper Canada to govern paralegals pursuant to Schedule C of the Access for Justice Act, 2006 (“Bill 14”), are of no force and effect as the Act infringes the equality rights of paralegals under s.15 of the Charter.
2The applicant also seeks an order that the Law Society of Upper Canada cease and desist from taking action pursuant to Bill 14. The applicant is also applying for judicial review of the decision of the Lieutenant Governor on behalf of the Queen to give royal assent to Bill 14. He further asserts that the Attorney General should have advised the Lieutenant Governor not to assent.
3This application must be dismissed. Bill 14 does not infringe upon s.15(1) of the Charter. Paralegal status is not an enumerated or analogous ground that is protected under s.15(1).
4Mr. Babineau disagrees with the Supreme Court of Canada, which has established that s.15(1) does not prevent legislators from differentiating between persons based on occupation. We are however, bound by the Supreme Court of Canada decisions.
5In any event, the role of the Lieutenant Governor in granting royal assent to Bill 14 is governed by constitutional convention and therefore is not subject to judicial review. The Lieutenant Governor grants royal assent to a Bill after it is approved by the legislature. The Lieutenant Governor cannot, by convention, refuse assent to a Bill on his own initiative. Constitutional conventions are not reviewable by courts.
6As to the Attorney General, he does not advise the Lieutenant Governor regarding the granting of royal assent to Bills. The Attorney General provides legal advice to the Executive Branch as a whole regarding the enactment of legislation. The Lieutenant Governor does not require legal advice in granting royal assent to Bills.
7Because of the foregoing, it is not necessary for us to deal with the issues related to the Law Society.
COSTS
8Costs to the Law Society of Upper Canada fixed at $1,500.00, all inclusive.
A.C.J.S.C. CUNNINGHAM
SWINTON J.
SMITH J.
Date of Reasons for Judgment: October 8, 2009
Date of Release: October 9, 2009
COURT FILE NO.: 462/07
DATE: 20091008
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J. S.C. CUNNINGHAM, SWINTON AND SMITH JJ.
B E T W E E N:
GUY BABINEAU
Applicant
- and -
HER MAJESTY THE QUEEN AS REPRESENTED BY THE LIEUTENANT GOVERNOR OF ONTARIO AND THE ATTORNEY GENERAL OF ONTARIO, and THE LAW SOCIETY OF UPPER CANADA
Respondents
ORAL REASONS FOR JUDGMENT
A.C.J.S.C. CUNNINGHAM
Date of Reasons for Judgment: October 8, 2009
Date of Release: October 9, 2009