All posts by Benjamin Ries

About Benjamin Ries

Staff Lawyer

Final Exams are Here! Tips for Avoiding Academic Offences in a Remote Setting

The information contained here is taken from the University of Toronto Academic Integrity Website, the University of Toronto Missisauga Academic Integrity Website, and the Code of Behaviour on Academic Matters.

 

What constitutes an academic offence during a remote exam?

Generally, submitting someone else’s work as your own, receiving help from someone else and/or helping someone else with their exam can all constitute academic offences. Sharing exam questions through online platforms or social media can also constitute an offence. Accessing aids like cheat sheets or online search engines are other examples of common remote academic offences.

Some Examples Include:

 Accessing an exam cheat sheet while writing your exam

 Searching Google, Reddit, or other platforms for help

 Posting an exam question on Reddit or Twitter

 Sharing and discussing exam questions through a chat app like Facebook messenger

 Submitting an answer from Easy Edu or Chegg

 Selling your exam or essay answers to other students

Even for open-book exams, always double-check with your professor what resources are acceptable. An open-book exam does not mean you are free to use any resource you want.

For more on unauthorized aids, see our post on unauthorized aids.

 

I’ve been accused of an academic offence, now what?

The information contained here is taken from the Academic Integrity Website’s Process and Procedures page. For a visual representation of the process, click here.

Professor’s Meeting

You will have an opportunity to discuss the accusation with your professor. You do not have the right to counsel at this meeting, but nothing you say can be used against you at a Tribunal Hearing (if the matter gets to that point).

Two important notes about professor’s meetings:

 If the professor believes an academic offence has occurred after meeting you and the assignment/exam is worth more than 10% of your grade, the professor has no choice but to report the offence. The matter will then proceed to a meeting with the Dean (or his/her Designate).

 Ignorance is no excuse! Even if you didn’t know what you did was an offence, the professor must report it.

Dean’s Meeting

At this stage, you will meet with the Dean’s Designate to discuss the allegations. At this point you do have a right to counsel. There are generally three outcomes to the Dean’s Meeting:

1. The Dean’s Designate may decide there was no academic offence and dismiss the matter.

2. If the Dean’s Designate believes there was an academic offence and you admit the offence, the Dean’s Designate may sanction you. If they believe your offence was serious enough to require a suspension longer than a year, they will decline to sanction you themselves and refer the matter to the Provost to lay charges against you.

3. If the Dean’s Designate believes there was an academic offence and you do not admit the offence, they will refer the matter to the Provost to lay charges against you.

Tribunal Hearing

If the Provost lays charges against you, you will have your matter heard before a tribunal comprised of a lawyer, a professor, and a student. For more information about tribunal hearings, see the Office of Appeals, Discipline and Faculty Grievances Academic Discipline website.

Penalties

Sanctions imposed can range from a reprimand, to a reduction in your grade in the class, to a suspension from the University up to 5 years, to expulsion. Most sanctions will also involve a notation on your transcript.

For a non-exhaustive list of potential penalties that the University may impose for an academic offence, see here.

 

Can Downtown Legal Services (DLS) help?

If your matter has been referred to a Dean’s Meeting or a Tribunal Hearing, DLS may be able to provide you legal advice and representation.

DLS is a free legal aid clinic staffed by University of Toronto law students supervised by trained and experienced staff lawyers.

DLS services are available to any University of Toronto students who have not opted out of paying the DLS student levy. To determine if you’ve paid the DLS student levy, check your Tuition Invoice on ACORN. Look for an incidental fee for Downtown Legal Services.

 

How can I request DLS’ assistance?

To request assistance, call our intake line at (416) 978-6447. An intake operator will ask you a series of questions to determine if we can assist you.

Please note that whether we are able to assist you will depend on whether clinic students have availability to take on new files.

COVID-19 Update

Downtown Legal Services will be closed to members of the public during the City of Toronto lock-down (beginning November 23, 2020). If you require legal assistance, please call our intake line at 416-978-6447.

COVID-19 Precautions

Downtown Legal Services is open to members of the public by appointment only. Support staff will be on site and available to receive service of documents only on Tuesdays and Fridays.

Everyone entering Downtown Legal Services is required to wear a mask. Clients will need to wear a mask during appointments or when dropping off items. This policy also applies to vendors, suppliers, and contractors.

COVID-19 may be spread by people who do not have any symptoms. This is why we are asking you to wear a mask.

If you feel ill, have been in close contact with someone who is sick or has confirmed COVID-19 in the past 14 days, or have returned from travel outside Canada in the past 14 days, please do not come to the clinic.

Report from the 2019 Conference of the Canadian Alliance to End Homelessness

DLS housing lawyer Benjamin Ries was a panelist at the annual conference of the Canadian Alliance to End Homelessness in Edmonton, AB from November 4-6, 2019. This is his blog entry.

Approximately 1500 conference attendees from all levels of government, academia, social housing agencies, and the non-profit service sector gathered in Edmonton this year to discuss their latest research, ideas, and experiences in the national fight against homelessness and inadequate housing. Despite all of the positive energy that infused the conference plenary sessions, I came away with the distinct feeling that the majority of the institutions represented do not even have an imagination for what it will take to realize the right to housing in Canada.

This year’s conference featured a series of excellent plenary keynotes, particularly by Grand Chief Wilton Littlechild, Cindy Blackstock, and Sandy Buchman. In particular, Dr. Blackstock’s presentation should have left few audience members in doubt about some very basic political facts:

  1. Eliminating unequal levels of poverty in compliance with basic human rights law costs public money
  2. Even when a self-identified “progressive” government knows how much money it will cost to uphold equality rights (e.g. of indigenous children), the government may resist spending it
  3. Litigation (supported by social activism) may be the only way to hold government accountable for this type of failure, and that process can take many years

…and yet few seemed ready to apply these lessons to the housing crisis. In general: a shortage of affordable housing (relative to the income and wealth of poor and working class Canadians) was readily and commonly acknowledged. That current national levels of social housing stock (largely frozen since the early 1990s) would need to be doubled or tripled to meet low-income housing need only seems to imply a consensus that no government will ever seriously expand social housing. The consequence of this assumption is that we are stuck with what we have, and we must largely rely upon privately-built housing stock – a market that also currently fails to meet low-income housing need.

Within this dominant paradigm, limited (and well-documented) policy options remain: increase income supports, increase vouchers (otherwise known as portable rent supplements), subsidize an increase in overall market housing supply, and/or regulate new and existing housing stock to achieve fair distribution. I could not attend *all* concurrent sessions, but in those I did attend:

  • Few if any appeared ready to propose or estimate the total necessary cost of demand-side supports or supplements to end homelessness, and
  • Few if any appeared ready to propose the supply-side subsidy or regulation required to make the private housing market fulfill low-income housing need.

Instead, a number of ongoing practices in various parts of Canada were presented as ‘models’ of housing stabilization and eviction prevention. The most troubling example was a pilot project summarized by staff from Mission Services Hamilton, who proposed to “monetize” evictions by ensuring their services met the needs of a private landlord: specifically, the owner of Hanlyn Property Management. In exchange for having the landlord attach a flyer for Mission Services to all of his eviction notices for rental arrears, Mission Services proposed to either (a) urge tenants to repay their arrears if possible, or (b) urge tenants to voluntarily move out rather than oppose the eviction in a Landlord and Tenant Board hearing, in exchange for a good reference from the landlord. Moreover: the landlord confessed that sometimes, he really does not want certain tenants to save their tenancies even if they can afford a repayment plan, because he may find them to be particularly difficult people. He was relieved when Mission Services assured him that he did not need to attach their flyer to the eviction notices for *all* tenants.

Most other non-profit and local government delegates did not attempt to pass off such uncritical commitment to landlord interests as their eviction prevention strategies. However, many did express feelings of powerlessness when it came to addressing what they understood to be discriminatory housing refusals, disrepair, and unfair rental practices in the private market. Perhaps as a natural consequence, some presenters seemed prepared to blame low-income tenants themselves for the housing crisis. For example, a researcher from the University of Calgary and an employee of the City of Calgary suggested they found it both troubling and problematic that so many families living in Calgary’s social housing units and receiving subsidized rents were remaining in place for five to ten years or more, rather than increasing their incomes and getting off subsidy. These two Calgarians speculated that the threat of losing subsidy was encouraging those social housing tenants to remain poor, and preferred the expectation that social housing tenants quickly “progress” out of subsidy and along the housing continuum. “We used to just place these tenants in social housing and not worry about what they did after that… but maybe now… that needs to change,” they wondered.

These attitudes were by no means the only ones on display, and other local ideas offered genuine potential for national application. For example, Ryan Dwyer of the University of British Columbia discussed the potential efficacy of direct cash transfers to certain segments of the homeless population. Terrilee Kelford spoke to the cost efficiency of slab-on-grade “tiny homes” both as transitional rural youth housing in Lanark County, and as supply-subsidized private affordable housing that leverages secondary suite planning policy in neighbouring Lennox and Addington County.

Social justice lawyers and legal advocates for at-risk tenants and homeless people were largely absent from the CAEH conference. Of course, the lack of government-funded civil legal aid and poverty law clinics outside of Ontario, except for the limited clinical programs hosted by law schools across Canada, may be related. But in my view, the use of phrases like “rights-based” seemed all too common among CAEH presenters, researchers, and policy-makers, without any corresponding commitment to see that the beneficiaries of those rights have sufficient access to justice such that they might claim and enforce those rights against public and private actors alike. Civil legal aid – namely, free legal representation to protect the housing rights of low-income persons – should be seen as an essential requirement before any low-income housing system may be termed “rights-based”.

One recent addition to the CAEH, in particular, understands this: healthcare workers. Just as poverty lawyers’ perspectives are shaped by their professional obligation to prefer the individual interests of their homeless and inadequately housed clients above the interests of all others in society, so too are health professionals required to clearly articulate the truth about their patients’ conditions and individual needs without compromise or limit arising from other political considerations. Whether the public will afford an expensive treatment technology may be an administrative question, but that does not necessarily stop a physician from identifying when such treatment technologies are medically necessary. While by no means perfect, healthcare and health policy has the potential to address homelessness in a manner that correctly prioritizes human flourishing over the interests of private capital.

The health sector’s emerging approach to homelessness is informed by direct, ground-level experiences with patients whose lack of adequate, stable housing can be seen in a perspective shared by poverty lawyers: an acute threat to individual well-being and survival that demands urgent action. And when each sector proposes upstream solutions, they do so without losing sight of the need to improve individual outcomes. These links are what make medical-legal partnerships a powerful tool for communities resisting housing injustice.

Now, more than ever, I am proud to remain affiliated with the Health Justice Program through local community legal clinics, St. Michael’s Hospital and Family Health Team. I am also excited to support the launch of the Canadian Network for the Health and Housing of the Homelessness (CNH3), an important organizational pillar within the CAEH and a natural home for front-line poverty lawyers fighting for the right to housing in Canada.

The 2020 annual CAEH conference will take place in Toronto.

Landlord’s “bed and breakfast” rental scheme defeated

The DLS Housing Law Division has just completed four years of litigation to win back thousands of dollars that were illegally collected from three University of Toronto international students and then kept by their landlord, who still has not paid them back. If you’re a student renter, read on to avoid having this happen to you!

The case

In late summer 2014, three international students answered a rental ad that a local landlord had placed on the University of Toronto Housing Services’ off-campus housing website. When the students visited the home (in Toronto’s Annex neighbourhood, and divided into several apartments) to sign a lease, the landlord instead presented them with a “Booking Agreement” for a nine-month term of occupancy, requiring that the tenants pay their rent make their ‘payments’ in a front-loaded instalment schedule. The document also claimed that the Residential Tenancies Act, 2006 (“RTA”) did not apply, that the landlord was an “innkeeper”, and that the students were each required to do chores for several hours per week as part of their agreement.

By December 2014, the students were complaining about a pest infestation, lack of heat, and daily harassment by their landlord. She had collected most of their rent for the entire term, so she told them to get out. They did move at the end of December, but she kept all of their money. The students visited DLS the next semester, and we filed their Landlord and Tenant Board (“LTB”) applications that summer.

The landlord managed to drag the case out for the next four years by:

The LTB, overwhelmed by staffing shortages, often took several months after a hearing date to even try to schedule the next one. From the final hearing, the LTB took eight months to issue its decision.

The outcome

The final LTB order provides that:

  • since the RTA applied to this tenancy, it was illegal for the landlord to collect a damage deposit and irregular front-loaded “instalment” payments instead of a regular monthly rent (where the deposit must be no greater than one month’s rent)
  • since the landlord ended the tenancy early in December 2014, she should have returned all of the money attributable to January-May 2015
  • since the landlord harassed the tenants and interfered with their reasonable enjoyment of the rented unit, she was ordered to refund an additional 10% of their rent

The landlord has decided not to appeal. As of the date of this post, she also has not yet paid a cent of the $7000+ that she owes.

Lessons for renters

  1. As a renter, you should be familiar with your basic legal rights under the Residential Tenancies Act, 2006 – a law that protects tenants in Ontario. Visit yourlegalrights.ca for easy-to-read explanations of rent control, security of tenure, and other tenant rights.
  2. Just because your landlord says you are not covered by the RTA, does not make it true. The RTA applies to most rental situations, and there are very narrow exceptions. Signing an agreement (saying the RTA does not apply) does not matter. You cannot “contract out” of the RTA.
  3. If the RTA applies to your rental situation, you cannot be required to pay more than one month’s deposit (which is your last month’s rent) in advance. Beware of landlords who request three, five, or even twelve months of rent up front. A tight rental market will lead you to difficult choices. But the more money you put in your landlord’s pocket, the more you’re risking that they will keep that money in a situation where they are required to refund it.
  4. You have one year from the date that your landlord did anything illegal to file an application to the LTB. This deadline comes sooner than you think, so get legal advice soon if you think you might need it.
  5. The legal process is frustrating. Traditionally, the LTB is an efficient tribunal for evictions and landlord applications, which make up about 90% of the cases that the LTB hears. But tenant’s applications can often take years to finish, in part because an LTB member may look at what you are seeking and say “it’s just money”.
  6. Because you may need to give evidence to the LTB years down the road – after memories have faded – keep good documentation of your tenancy issues. If you think your landlord is harassing you, communicate with them in writing (including by email or text message) and save backup copies of that correspondence. If you notice any maintenance problems, take lots of photos and keep them organized by date and subject. If you feel that your apartment has inadequate heat, buy a thermometer, hold it in the centre of the room, and take a clear photo of the thermometer.

Special thanks to the four generations of our now-alumni who worked tirelessly on this case, the law students continuing collections efforts, UofT Housing Services for agreeing to de-list the landlord in question, and our clients who gave us permission to share this story.

Submission to the City of Toronto on Zoning for Secondary Suites

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.

Connecting with our Homeless Community

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!

DLS Challenging Canada-US Agreement to Turn Away Asylum Seekers at Border

Amidst recent changes in the United States’ asylum system and the increasing numbers of migrants entering Canada, many have identified the Safe Third Country Agreement as an unacceptable part of our legal system. Downtown Legal Services (DLS) represents two individuals challenging the Safe Third Country Agreement (STCA) at the Federal Court – as already reported by the CBC, Globe and Mail, and CTVNews. Three organizations have joined our clients in this challenge: the Canadian Council for Refugees (CCR), Amnesty International (AI), and the Canadian Council of Churches (CCC).

The STCA is a bilateral agreement between Canada and the United States. Under the STCA, individuals who arrive or travel through the United States are ineligible to make a refugee claim at a port-of-entry in Canada. Likewise, individuals who arrive or travel through Canada are ineligible to make a claim in the United States. The STCA is premised on the belief the United States is a safe country for asylum seekers. We argue that the United States is no longer a safe country for asylum seekers.

The Law Underlying the Safe Third Country Agreement

The United States is currently designated as a “safe country” under section 102 of the Immigration Refugee Protection Act (IRPA), and is currently the only country with this designation. Under section 102 of the IRPA, the governor in council must ensure the continuing review of factors set out within section 102(2) of the Act. Under section 102(2), the governor in council should consider:

  1. whether the country is a party to the Refugee Convention and to the Convention Against Torture;
  2. its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;
  3. its human rights record; and
  4. whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

2007 Challenge to the Safe Third Country Agreement

To date, the outcome of any review by the governor in council has never been published. However, a previous challenge to the STCA by CCR, CCC, and AI was upheld by the Federal Court in 2007. There, Justice Phelan of the Federal Court found it was unreasonable to conclude that the United States was a “safe country”. The decision found that since the United States was returning asylum seekers to countries where they still faced a real danger, it was not complying with its obligations under the Refugee Convention and the Convention Against Torture and infringed upon rights under the Canadian Charter of Rights and Freedoms.

This decision was overturned at the Federal Court of Appeal in 2008. However, the appellate court did not review if the United States was a safe country or consider the Charter arguments in their full scope. Rather, the Federal Court of Appeal found that since CCR, CCC, and AI, being organizations, did not have the appropriate standing to present claims on behalf of individuals trying to gain entry at the Canada-United States border. Notably, the Federal Court of Appeal did not reverse Justice Phelan’s finding that it was unreasonable to conclude the United States was a safe country.

Current Challenge

When individuals attempt to enter Canada through the United States, they interact directly with the Safe Third Country Agreement. The current challenge to the STCA includes arguments that the agreement infringes upon the section 15 and section 7 Charter rights of individuals crossing at the border.

Section 15 of the Charter concerns individuals’ rights to equal treatment and benefit of the law, free from discrimination. The section 15 arguments on the applicants’ right to equality focuses on the unique challenges faced by asylum claimants who are women. The current asylum system in the United States does not accommodate women appropriately for numerous reasons. As an example, a June 2018 decision by Attorney General Jeff Sessions states that individuals cannot use “domestic violence” as a ground to claim asylum. By precluding women from using “domestic violence” as a ground to claim asylum, they can be returned to countries where they would have no state protection from these acts. In this way, returning asylum seekers who are women to the United States denies them the full protection and benefit of the law.

Section 7 of the Charter concerns individuals rights to life, liberty, and security of their person. The section 7 arguments focus on the increased risk of returning asylum seekers to nations in which they face danger. Since 2007, the United States’ asylum system has not become any safer for asylum seekers. Many of the past concerns, including the high rates of return asylum seekers to countries where they face danger, still remain. By returning asylum seekers to the United States, where they will be returned to countries where they face a real risk to their life and security, there is a violation of the asylum seekers’ rights under section 7 of the Charter.

Apply to volunteer with DLS or TDCAP!

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.

To learn more about these volunteer programs, click here.
Or come to our lunchtime info session at the law school on Monday, September 10, 2018 (12:30 – 2:00 pm) in Rm J250.

Information for tenants being pressured to leave their homes

In the wake of the tragic death of University of Toronto student Helen Guo, the Toronto Star has reported that the same landlord of five other properties has told their tenants to move out immediately. Some of those houses may be unlicensed rooming houses, and may violate property standards and fire safety codes. None of those things would make it legal to evict tenants without going through the Landlord and Tenant Board process.

YOU DON’T HAVE TO MOVE JUST BECAUSE YOUR LANDLORD TELLS YOU TO ‘GET OUT’

  • The Residential Tenancies Act, 2006 protects most tenants* from evictions without
    1. A notice of termination on a form from the Landlord and Tenant Board (LTB),
    2. An eviction application to the LTB,
    3. A hearing (or trial) at the LTB, and
    4. An eviction order from the LTB (if the Landlord wins the case).
  • Your landlord cannot change your locks themselves. Your locks can only be changed by the Sheriff enforcing an LTB eviction order.
  • Even if your landlord or a city official says your house or apartment is “illegal,” your landlord still needs to follow this process before you have to leave.

  • MAINTENANCE, FIRE SAFETY, BYLAWS

  • It is your landlord’s job to fix things in your apartment when they break, and to make sure your apartment complies with city bylaws and fire codes.
  • If your apartment needs repairs, write to your landlord.
  • If your landlord ignores you or does an inadequate job, call 3-1-1 and ask for an inspection from Municipal Licensing and Standards.
  • You may be able to apply to the LTB for compensation from your landlord.

  • RESOURCES

  • To learn more about your rights in this situation, read “Does your landlord want you to move you?” from Community Legal Education Ontario available in English, French, Arabic, Chinese, Somali, Spanish, Tamil, and Urdu.
  • To learn more about your other rights as a tenant, visit the Housing Law section at yourlegalrights.ca
  • If you are a student at the University of Toronto, or belong to a low-income household in Toronto, you may qualify for legal advice or assistance from Downtown Legal Services.
  • You may also qualify for help from your local community legal clinic.
  • If your lanldlord is trying to force you out of your home, you should contact the Rental Housing Enforcement Unit for immediate help.


  • *note: the Residential Tenancies Act, 2006 (RTA) does not protect you if you share a kitchen or bathroom with the family that owns the house or apartment. Some other special forms of housing are exempt from the RTA.