Tribunal Clusters
Watch the videos from the BC debates on the child support clawback. They are really dramatic.
The Minister begins contrite. He ends angry.
The MLA is absolutely correct when she states the policy change requested could be accomplished by the stroke of a pen. It's true. There is no statutory requirement to claw back child support (although everyone at welfare, from the CASE Worker to the Appeal's Specialist, will tell you "It's the law".)
Good advocacy must understand power. Who is influencing adoption of the desired change with good effect? Who is providing expert advice? Who is giving unhelpful advice (or speaking out of turn)? Minister, MP, Lawyer, OW Manager, Advocacy Group, Legal Clinic, Tribunal Member, Divisional Court Judge, Court of Appeals Judge, Etc. Management of the podium (and there is only one for every social justice change) is A THING.
Who is in favour of the change? Will there be a vote on this in parliament? Or will there be the stroke of a pen?
Pressing on... The Social Benefits Tribunal is under a publication ban. Why? Because right now, at this juncture, the signature of a Tribunal Member could accomplish the same thing as the signature of the Minister (if the government doesn't choose to appeal). If a Tribunal Member won't sign on the dotted line, there are many people ready, willing and funded to take the matter to the highest court.
Read Lorne Sossin and James Baxter to understand more about what I'm talking about: Ontario’s Administrative Tribunal Clusters: A Glass Half-Full or Half-Empty for Administrative Justice?
Know that I'm beginning to think that select legal clinics and even the OHRC are not in a position to give advice to the Minister on this issue. #ROI
The Minister begins contrite. He ends angry.
The MLA is absolutely correct when she states the policy change requested could be accomplished by the stroke of a pen. It's true. There is no statutory requirement to claw back child support (although everyone at welfare, from the CASE Worker to the Appeal's Specialist, will tell you "It's the law".)
Good advocacy must understand power. Who is influencing adoption of the desired change with good effect? Who is providing expert advice? Who is giving unhelpful advice (or speaking out of turn)? Minister, MP, Lawyer, OW Manager, Advocacy Group, Legal Clinic, Tribunal Member, Divisional Court Judge, Court of Appeals Judge, Etc. Management of the podium (and there is only one for every social justice change) is A THING.
Who is in favour of the change? Will there be a vote on this in parliament? Or will there be the stroke of a pen?
Pressing on... The Social Benefits Tribunal is under a publication ban. Why? Because right now, at this juncture, the signature of a Tribunal Member could accomplish the same thing as the signature of the Minister (if the government doesn't choose to appeal). If a Tribunal Member won't sign on the dotted line, there are many people ready, willing and funded to take the matter to the highest court.
Read Lorne Sossin and James Baxter to understand more about what I'm talking about: Ontario’s Administrative Tribunal Clusters: A Glass Half-Full or Half-Empty for Administrative Justice?
Know that I'm beginning to think that select legal clinics and even the OHRC are not in a position to give advice to the Minister on this issue. #ROI
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