Bill C-75, an omnibus bill making numerous amendments to the Criminal Code, has passed third reading in the House and will likely become law in the new year. The Bill’s changes include raising the maximum penalty for summary conviction offences to 2 years less a day. The Bill, as it stands, will significantly restrict the work of DLS’s Criminal Law division and prevent us from providing free legal representation to our clients charged with criminal offences. 

Currently, s. 802.1 of the Criminal Code allows law students to represent accused if the maximum sentence they face is 6 months incarceration or less. This means DLS can help with most summary offences. If Bill C-75 raises the maximum sentence for summary convictions without changing s. 802.1, students would be barred from doing any substantive work on criminal files, including running trials for our clients. Students would be restricted to appearing in court only to schedule further appearances (set dates). 

This change will be a serious setback to our already disadvantaged clients. For a segment of the population, DLS is the only representation they can find. Legal Aid will only give certificates to people at risk of imprisonment and community legal clinics do not represent clients for criminal matters. This means that any one charged with a criminal offence who cannot afford a lawyer, but is not at risk of jail time, is left to navigate the criminal justice system on his or her own. Just because our clients are not facing a risk of jail, it does not mean they are not facing serious consequences. Fines, restrictive probation conditions, and criminal records are only some of the penalties our clients face. 

Lack of representation has serious consequences. Empirical research by Prof. Paré at the University of Western Ontario shows that clinic representation makes accused less likely to plead guilty.1 Unfamiliar with the justice system, unrepresented accused are more likely to plead guilty to “get it over with”. This will create a risk of wrongful convictions.  

A study by Legal Aid also found that self-represented accused are less likely to raise Charter arguments. Without representation, many are unable to recognise when their rights have been infringed. Even if they know the police did something they shouldn’t have, it is confusing to try and turn that into a legal argument. Less representation means less protection for people’s rights. 

The change will also deprive students of the ability to get hands on experience in the criminal courts. The Criminal Law Division is DLS’s largest division. It provides students with a chance to learn practical skills that can’t be taught in the classroom. This makes for better lawyers with stronger connections to the community. 

This change even undercuts the Government’s own stated goals of the Bill. Bill C-75 is meant to clear delay from the justice system; but leaving people without representation will only make the problem worse. In their report on court delays, the Standing Senate Committee on Legal and Constitutional Affairs found that unrepresented accused contribute to unnecessary delays in the justice system. The change proposed in Bill C-75 only serve to undermine Parliament’s attempt to address the backlog in our courts. 

In its current form, Bill C-75 will drastically limit the work of the Criminal Law Division at DLS and Student Legal Clinics across Canada. This Bill will leave thousands without representation, creating a barrier to access to justice, increasing backlogs in the courts and may result in wrongful convictions. In addition, it will deprive students of practical clinical education which puts them face to face with segments of the population who are most in need of legal assistance. 

There is one way these problems can be avoided: The Lieutenant Governor of Ontario can make an order exempting students from the restriction in s. 802.1. There may be a concern about students representing clients who are facing more serious offences should an Order in Council be made; however, it is possible for the order to specify a sub list of offences for which students would be allowed to provide representation. 

The best hope of DLS and our clients is to have the Lieutenant Governor make this order. It’s already been done in Alberta and it can be done here in Ontario, too. If you want to help, please write to your local MPP urging him or her to support this order should Bill C-75 be passed into law as it currently stands. 

1 Paul-Phillipe Paré, Dale E Ives, and Jason Voss (2008). The Effects of Differential Representation on Outcomes in Summary conviction Criminal Cases (Unpublished) page 12.

Whether or not our clients have a housing law issue, we very often have a housing problem: we can’t find any! At least, not housing that is safe, affordable, and anywhere close to the communities, families, jobs, and schools to which we are connected.

This summer, City of Toronto staff proposed changes that would remove some of the barriers to building more “secondary suites”, such as basement apartments, in places like Scarborough where our clients are often stuck renting in illegal and dangerous rooming houses. We call on the City to do this (and a whole lot more!) to increase the limited supply of these rental housing options. You can read our submission here.

Starting to feel the heat of end of term papers and looming exams?  You are not alone.  Check out these links for campus specific resources available to students.

St. George Campus Resources and Workshops

• Meet with a Learning Strategist – “All students can meet with a Learning Strategist for individualized support.”[1]
• Exam Prep Series – “short, focused discussions with a Learning Strategist about the exam skills that matter to you and your discipline”[2]
• Preparing for Exams & Managing Exam Anxiety – “In this interactive workshop, we will discuss anxiety and stress management techniques and will introduce students to resources that are available around campus”[3]
• Staying Resilient & Managing Stress Through End of Term – “This workshop will return to the topic of resiliency and stress, exploring the ways that strategies for building resiliency can be used by students at times of acute academic pressure”[4]
• Study Hubs – “quiet study time for students to work on whatever they have to do”[5]
• Graduate Writing Groups – “Are you a graduate student determined to write and defend your dissertation before your funding package expires? Do you find it difficult to maintain a consistent writing schedule? Would you like to commit to writing regularly? Join a community of peers who share your experience and can help keep you accountable.”[6]

Health and Wellness Services and Workshops

• Health & Wellness Centre – “The Health & Wellness Centre provides the same services as your family physician”[7]
• Better Breath – “Feeling too busy to manage stress effectively as a university student? Come learn about the benefits of restorative breath, try new techniques for relaxation such as muscle tension reduction and learn new tips for taking time to pause and recharge.”[8]
• Better Coping Skills – “If you’re having trouble coping with the demands of university life – or even regular everyday situations – this series of workshops can help you build the skills you need to thrive.”[9]
• Better Sleep – “Feeling too busy or stressed as a university student to sleep properly? Come learn about what you can do to improve your sleep and feel more rested and refreshed.”[10]
• Mindful Eating: Food and Mood – “a mindful exploration of healthy eating and how our relationship with food can affect our mood.”[11]
• Mindful Moments: Meditation & Yoga “weekly opportunities Mondays through Fridays to practise secular mindful meditation techniques that will increase your relaxation and focus”[12]

UTM Resources and Workshops

• Undergraduate Advising – “provides a full range of individual consultations, workshops, and programs to help students”[13]
• Writing & Study Skills Drop-in Hours – “Suitable for help with specific questions about essays, written assignments, and study skills.”[14]
• Math Skills Drop-in Hours – Suitable for help with foundational mathematical skills, including pre-calculus, descriptive statistics, and logic (including “just in time” support the day before an assignment is due, or as a longer-term form of support to improve your general understanding of math)” [15]
• English Language Learner Support – “For UTM students who speaks English as a second (or third or fourth!) language [16]
• Advising Appointments for Graduate Students – “U of T graduate students can meet one-one-one in person at the RGASC with our Professional and Graduate Skills Specialist” [17]
• Workshops for Graduate Students – “We offer our workshops on demand, so you and your lab mates can request a particular workshop”[18]

UTSC Resources and Workshops

• Academic Advising – Meet with an Academic & Learning Strategist[19]

• Upgrade Your Study Strategies! –“ Feel like your study skills need a little “upgrading”? Hoping to improve your grades, but not sure where to start?”[20]
• Time Management – “Participants will learn how to plan for busy periods in the academic year and adapt their schedules accordingly” [21]
• Study Smarter not Harder Part I – “Attend this session to get into academic shape! Topics covered in this session include: time management, reading, note taking”[22]
• Study Smarter not Harder Part II – “Attend this session to get into academic shape! Topics covered in this session include test preparation and test format, memory and Concentration, reducing procrastination & increasing motivation”[23]
• Going From B to an A – “Do you want to boost your grades from B’s to A’s, but you’re not sure how?”[24]

• Other UTSC-Specific Tip-Sheets[25]
  • Multiple Choice Tests and Exams
  • Procrastination
  • Test Preparation
  • Test Writing

General External Services:

• Good2Talk Student Helpline: 1-866-925-5454
• Mental Health Helpline: 1-866-531-2600
• Assaulted Women’s Helpline: 416-863-0511
• Telehealth Ontario: 1-866-797-0000

What is unauthorized aid?

• Generally speaking, unauthorized aid refers to any means of obtaining information or potential source of information that is not allowed in the course of your academic work.
• Possession or use of unauthorized aid can occur in an exam, test, quiz, assignment or other form of academic work. So be aware of unauthorized aid at all stages of your academic career.
• Examples of Unauthorized Aid:
• Having your cell phone on you during an exam or test
• Having books or notes on your desk during an exam or test, unless allowed by the exam, such as in an open book exam
• Having a calculator or dictionary on your during an exam or test, unless allowed by the exam
• Copying someone else’s answers
• Working too closely with other students on an assignment so that the end result is no longer your own work
• Having an unauthorized aid on you is sufficient to constitute an academic offence, even if you do not use it.
• Helping others by offering unauthorized aid or assistance is also an academic offence.

Tips for avoiding authorized aid:

• Don’t keep your phone or other unauthorized electronic devices in your pockets. In fact, you may want to empty your pockets.
• Only have the items you need to write the exam on your desk. Place all other belongings at the front or back of the exam room, or as instructed.
• Only write on the scantron, booklet or scratch paper provided. Don’t use your own scratch paper or write on the desk.
• Avoid looking around the room during an exam.
• Don’t talk to your neighbours or even to yourself during an exam.
• If you have questions, raise your hand and ask the invigilator or teaching assistant.
• If you need to use the washroom during an exam, don’t talk to other students or check your cell phone even when you are outside the exam room.
• Stop writing immediately when the exam is over.
• Know the rules:
• For assignments, read the course syllabus and relevant information provided concerning the assignment;
• For exams and tests, read the instructions and warnings, usually on the cover page of your exam booklet;
• In any circumstance, listen and read carefully and follow instructions.
• Don’t work with other students on an assignment unless the professor has specifically authorized you to do so
• Protect your own academic work.
• Don’t share your assignment with other students for “reference” or “inspiration”;
• Don’t write in unnecessarily large letters or place your exam paper in a way that others can easily see your answers.

When in doubt:

• Ask for clarification!
• You can ask your course instructors and college registrars and refer to other University resources if you have any questions about unauthorized aid or academic integrity in general.
• For more detailed information online, you can check out the Academic Integrity page of the University website at https://www.academicintegrity.utoronto.ca/

The best way to avoid getting caught for plagiarism….…is to avoid doing it!  Here are some tips from DLS University Affairs Division Student Caseworkers on avoiding plagiarism.

• Review the Code of Behaviour on Academic Behaviour
• Read your syllabus
• Give credit for words and ideas – If an idea is not common knowledge, it needs to be cited
• Keep thorough notes when conducting research – This will help prevent accidently thinking that you came up with an idea by yourself
• Even if you are borrowing from your own work, you need to cite your source
• Correctly identify your sources – If you read Source A, but it cites Source B, ensure you read Source B before you cite it
• If you can’t find the original source, cite the secondary source as citing the original
• Its better to over-cite than to under-cite
• Classes use different citation guidelines – Look up the rules for the correct format and follow them
• A bibliography is not sufficient, you need to cite the idea in the text – Some formats use footnotes, others use in-text citations
• Use quotation marks – Its not just for grammar, it lets the reader know that these aren’t your own words
• If you are not quoting, you need to paraphrase – This means more than just using synonyms; you need to put the idea in your own words
• If you have questions, go to the writing centre

When in doubt, ask your professor!

Homeless Connect has united individuals experiencing or at-risk of homelessness with necessary services for the past five years. On a single day annually, over 80 service providers gather at the Mattamy Centre in downtown Toronto to provide medical, housing, finance, education, legal and other services, as well as food and supplies. In each year that this project has been running, Downtown Legal Services has been a proud participant, providing guests with legal information and referrals for family, criminal, immigration and refugee, employment and housing matters. This year, DLS was represented by both law and social work students to provide as much support to guests – over 1,000 of them! – as possible.

As a community legal clinic, DLS provides legal and social work services to people from low-income families every day. However, those who are homeless or at-risk of homelessness face additional barriers to accessing the services available to them. For that reason, community outreach and events such as Homeless Connect are a crucial part of DLS’s work – they help to bridge the gap between services and those who need them most, and also allow us to hear directly from community members on how they can best be served. We’d like to extend our gratitude to the volunteers and organizers of Homeless Connect for hosting us, and to the many guests who we had the pleasure of meeting. We will see you next year!

UofT law students: our volunteer application forms are now live!

The 2018-2019 volunteer application deadline is 12:00 p.m. (noon) on September 14, 2018.
Click here to apply for a DLS volunteer position.
Click here to apply for a TDCAP volunteer position.