2002
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Ontario 2002

 

Introduction

 

            When Michael Harris announced his decision to step down as Premier, there began a leadership contest which seemed critically important to the future direction of the province.  Would it continue, and even expand upon, the “Common Sense Revolution,” under the leadership of someone like Jim Flaherty or Tony Clement, or would it return to the more pragmatic style of the Davis years, under the direction of a candidate like Ernie Eves or Elizabeth Witmer.  When the contest was over, Mr. Eves was the new leader of the Progressive Conservative party, but Mr. Flaherty had finished a respectable second.  The press coverage suggested Mr. Eves would bring a less confrontational style to the province’s politics, but the right wing of the party remained optimistic about their chances.  Should Mr. Eves falter, they stood ready to call for a return to the principles they could argue had brought the PCs back to power after the “lost decade” of the Peterson and Rae governments.  The provincial government began the new year facing a strike of its public servants and in the course of the ensuing months, it dealt with problems in the move to privatize electric power generation, a civic workers strike in Toronto, the follow-up to the judicial inquiry into the Walkerton water tragedy, planning for the onslaught of the “double cohort” resulting from the end of Grade XIII, and speculation about the date on which the government would go to the people in search of a renewed mandate.  One consequence of the leadership change was the requirement that Mr. Eves return to the Legislature, and while there was speculation he might stand for Mr. Harris’ Nipissing seat, he elected instead to seek a southern Ontario constituency.  Nipissing was perhaps a little too risky with Mr. Harris gone, for while Mr. Eves won his seat (Dufferin-Peel-Wellington-Grey) handily when by-elections were held, the Conservatives retained Nipissing by less than 20 votes.

 

            The leadership contest delayed the opening of the Legislature until May 9 and the provincial Budget until June 17.  On June 27, the Legislature recessed for the summer but was called back into session on July 11 to pass back-to-work legislation to end the Toronto civic workers strike.  They recessed again on July 12 and reconvened on September 23.  They remained in session then until December 12.  Over the course of the legislative year, they passed 36 public bills.  Some could be described as housekeeping or minor amendments to existing laws, while others dealt with the contentious issues of schools, energy and water safety.

 

            Indeed, apart from the leadership race in the spring, and some issues of expense claims in the summer and fall, the political life of the province in 2002 was engaged with many of the continuing issues that have marked the province’s history over the last decade or more, especially in the areas of education; health; energy and the environment..

 

Leadership

            The race for the leadership of the Progressive-Conservative Party (and by extension for the post of provincial Premier) began in earnest at the start of the New Year.  Separate and apart from the choice of a head of government, there was an early announcement (January 10) of the new vice-regal representative to succeed Hilary Weston.  The 27th Lieutenant Governor of Ontario would be the Honourable James Bartleman.  Mr. Bartleman was a career diplomat whose distinguished service in External Affairs had included appointments as Ambassador to the European Union and High Commissioner to Australia and to South Africa .  Perhaps more important to Ontario provincial affairs however was the fact that he was the first Lieutenant Governor in the province from one of Canada’s First Nations.  Mr Bartleman was sworn in formally on March 7.

 

            On January 17, April Lindgren of Southam News reported on the previous evening’s debate among the leadership candidates.  Elizabeth Witmer and Chris Stockwell established themselves as the candidates for change, she observed, calling for new policies for the governing party.  Tony Clement and Jim Flaherty by contrast urged a recommitment to the unfinished “common sense” revolution.  The PCs could not win by running as Liberals, they said.  Ernie Eves seemed to remain above the fray, perhaps foreshadowing his emergence as the front-runner.

 

            In early February, Chris Stockwell was expressing concern that the party was not using the leadership race to sign up as many new members as might have been hoped.  He suggested the party would be lucky to have forty thousand voting members by the time the decision was to be made; at the time he spoke, there were only twenty-three thousand.  By March 1 however, the party reported some one hundred five thousand members would be eligible to vote for the party leader.

 

When a candidates’ debate was scheduled by CTV and the Globe and Mail, Ernie Eves declined to take part unless other media outlets were given access.  His fellow candidates accused him of ducking the event.  The debate went on as planned on February 11 without him, and Flaherty and Stockwell directed their attacks largely at the absent Eves.  Elizabeth Witmer presented herself as a “uniter” who could smooth relations with groups like the Ontario teachers (and presumably among the warring factions of her own party).  The next debate was scheduled for February 27, and Mr. Eves agreed to take part when CTV agreed other media could participate if they were prepared to share costs.

 

            Some PC party members suggested in early February that Tony Clement should be banned from running for leadership of their party because of his support for the Canadian Alliance in the last federal election.  A party committee, reflecting the separation of the federal and provincial Conservative organizations, rejected the suggestion, and Mr. Clement continued to run.

 

            Mr. Flaherty got considerable press attention when he proposed that special police be appointed to get homeless people off the streets.  While some heralded the suggestion as an innovative and direct approach to the problem, others criticized him for implicitly criminalizing poverty and blaming those who they believed were the victims of the policies implemented by the government of which he was part.  He was similarly criticized in January when he suggested that people be limited to two years out of five on the welfare rolls.  He was prepared to make exceptions for those who were single parents of pre-school children, those with disabilities, or those caring for someone with a disability, but critics did not accept this implicit identification of “deserving” poor.  When he was quoted earlier that month, by Canadian Press reporter Andrea Baillie, as saying that that the federal government could provide money to deliver health care for “real people in real towns” if it cut special funds for aboriginals, David Young, the Minister responsible for relations with First Nations was led to distance himself from the remarks and to express regret.

 

            While the leadership race proceeded, the Ontario Public Service Employees Union called for a strike vote in their negotiations with the province.  They called on the government to table a final offer in response to their call for a twelve percent wage increase over two years and a commitment to rebuilding the Ontario public service.  The government tabled an offer of six percent over three years and included a plan of performance-based pay.  The union President, Leah Casselman, called on OPSEU members to reject the offer, and the union moved to put itself in a legal strike position by March 13.  When the strike came, it proved to be a long one, ending only on May 2 (coincidentally the same day as the by-election returning Ernie Eves to the Legislature).

 

At one point, striking civil servants occupied Ernie Eves’ campaign office; at another they banged on the doors of the Legislature while Cabinet was meeting.  As in many public service strikes, there was debate over what constituted “essential services” which had to be maintained in spite of the strike.  The government obtained some twenty-eight rulings from the Ontario Labour Relations Board to limit picket line delays and to force essential workers back to work.  The focus of attention was on jail guards at an early date, and union President Casselman was cited for contempt of court a couple of days into the strike, when a prisoner was not delivered to court and the judge was advised it was because of jail guard job action.  The OLRB ordered jail guards back to work, but the union claimed that they had been locked out by management.  Moreover they accused the employer of trying to calm things down in the absence of adequate jail security by bringing inmates pornography and pizza.  The final settlement on May 2 gave corrections officers five percent increase in addition to the 8.45 percent over three years awarded to other OPSEU members.  Employees at the top of their scale (other than jail guards) got an additional one percent.

 

            On February 17, Colin Perkel of Canadian Press reported a new poll of committed voters that placed Eves and Flaherty in a virtual tie (around twenty-eight percent) for the lead in the race to become Premier, with Witmer, Clement and Stockwell strung out between ten and six percent bringing up the rear.  Jim Flaherty appealed during February to what could be called the right wing of his party by lauding the policy of tax relief for parents of private school students, especially as it benefited independent religious schools.  OSSTF President Earl Manners had called on his members in the winter edition of Education Forum to defeat the PCs in the next election on this very issue, which he referred to as “two-tier education.”  Flaherty also promised, if elected Premier, to privatize the Liquor Control Board – an institution frequently cited by critics of the Harris government as a worthy example of public enterprise.

 

            When the sixth and final candidates’ debate was held March 3, a handful of protestors (Canadian Press estimated fewer than a hundred) braved the cold weather to demonstrate outside the hall in Oakville .  Some four hundred police officers were present to ensure that protestors did not enter the grounds of the debate site.  Inside the hall, the candidates rehearsed familiar themes.  Jim Flaherty reiterated his plan to ban teacher strikes and accused Ernie Eves of flip-flopping on the issue of tax credits for private school families.  Liz Witmer and Chris Stockwell cast doubt on the viability of further tax cuts, and Flaherty suggested Witmer sounded like a Liberal when she suggested reaching out to those alienated by the Harris government.  At times all candidates made a point of saying favourable things about the others, knowing that whatever the result on March 23, there would be a need for party unity entering a subsequent election campaign.

 

            On March 7, the Globe and Mail reported a poll that showed the Liberals would handily defeat a Conservative party led by Ernie Eves.  The poll, conducted on behalf of the Globe and Mail, television station CFTO and radio station CFRB, found that fifty-one percent of voters would support the Liberals in such a contest if it were held that day, and only thirty-one percent would support the Eves-led PCs.  The NDP was at fifteen percent.

 

            In mid-March, with the leadership vote only two weeks away, the campaign took on a momentary lighter tone, when candidates were asked if they had ever used marijuana.  Three of the five candidates said they had tried it (Clement and Witmer said they had not) and Chris Stockwell (recalling Bill Clinton’s assertion that he had smoked marijuana but had not inhaled) said that he had not exhaled.  No-one recalled this discussion in July, at the height of summer pressure on electricity demand, when Canadian Press reported the assertions of local utilities that illegal marijuana “grow-ops” were using some five hundred million dollars a year in electric power.

 

            On the eve of the Convention, Canadian Press reported that a poll conducted for the National Post earlier in the week had found Ernie Eves with a commanding lead – forty-six percent compared to twenty-nine for Jim Flaherty, thirteen for Elizabeth Witmer, nine for Tony Clement and three for Chris Stockwell.

 

            Voting for the leadership took place on March 23.  Protestors from the striking public service union (OPSEU), the Ontario Federation of Labour and the Ontario Coalition Against Poverty promised to converge on the Convention centre in Toronto , though balloting was actually distributed across the province.  All party members were eligible to vote in eighty-four locations in most provincial ridings.  Voters from thirteen of Toronto ’s twenty-two ridings were expected to vote in the Convention Centre, and indeed anyone could vote there but their vote would count as if it had been cast in their home riding.  Each riding was assigned a hundred points and those points would be distributed among the candidates in relation to the proportion of the vote they received in that riding.  With one hundred three ridings, there were 10,300 points to be had, so the first candidate to reach 5151 would be declared the winner.  After each ballot, the candidate with the fewest points would be eliminated, as would any candidate who obtained less than ten percent.  On the first ballot, Ernie Eves was in front, but with less than a majority.  Chris Stockwell, with just over four percent of the points was eliminated, and while Clement (at slightly more than thirteen percent) and Witmer (at just under twelve) remained on the ballot, they both indicated they were withdrawing from the race.  In the end, they split about seven percent of the vote while Flaherty moved from twenty-nine to thirty-eight percent.  Ernie Eves was declared the new leader, and hence Premier of Ontario , with fifty-five percent of the available points.

 

            A week after the convention, it was reported that Eves would become Premier officially, and his cabinet take office, on April 15, and that a by-election to secure a seat for the new leader would probably take place on May 2.  Mr. Eves named Andrew Hodgson as Executive Director of the Progressive-Conservative Party of Ontario , replacing Jeff Bangs who was named as Eves’ principal secretary.

 

            When Premier Eves announced his cabinet on April 15, Andrea Baillie of Canadian Press described it as “centrist” and as signaling a move away from the Common Sense Revolution.  All the candidates for the leadership received cabinet posts, with Elizabeth Witmer (who had thrown her support to Eves at the Convention) identified as Deputy Premier.  A former teacher and school trustee, she was also given the portfolio of Education Minister – an area where the government faced considerable challenges in restoring relations with significant stakeholder groups.  Janet Ecker, identified as a more moderate and pragmatic member, replaced Jim Flaherty in Finance.  Mr. Flaherty was given a new portfolio – Ministry of Enterprise, Opportunity and Innovation – combining some of the elements of the Energy Ministry and the Ministry of Economic Development and Trade.  While many saw the new appointment as a means to appease the significant number of party members who had supported Mr. Flaherty, others were reminded of the “Superministries” that had gone to candidates defeated for the leadership by Bill Davis in 1971, and the virtual disappearance of those Ministers in bureaucracies without clear clients outside government, or deliverable services to ordinary citizens.  Tony Clement was given the Health  Ministry and Chris Stockwell, Environment and Energy.  Several other portfolios were shuffled among Ministers, with only two being dropped from cabinet – former Corrections Minister Rob Sampson and former Natural Resources Minister John Snobelen.  (Mr. Snobelen, who had also served as a controversial Minister responsible for post-secondary education, soon began to phase out his political career.  By mid-October, Canadian Press reported he was spending most of his time on his ranch in Oklahoma .)  Liberal leader Dalton McGuinty (quoted by Canadian Press) described the new cabinet as “the same old cast of characters clinging to the same old script.”

 

            Mr. Eves came into office carrying a little baggage from the circumstances of his earlier departure to join the private sector.  He had received a payment in recognition of pension entitlement of some eight hundred ten thousand dollars when the Legislature’s pension arrangements were restructured under his authority as Finance Minister.  Soon thereafter he left the House.  He described the buy-out scheme (which overall cost some ten million dollars more than anticipated) as a bargain for taxpayers, but the issue dogged him through the leadership campaign, and in February, Integrity Commissioner Coulter Osborne received a complaint from Liberal MPP Mike Colle and began an investigation.  He wondered initially if he had jurisdiction to hear the complaint, as Mr. Eves was not a member of the Legislature when the complaint was filed.  However in May, days after the by-election that returned Mr. Eves to the Legislature, Mr. Osborne dismissed the complaint.  It had alleged Mr. Eves had a conflict of interest because he was Finance Minister when his own pension buy-out was being determined.  However Mr. Osborne noted that Eves had not been benefited any more than other MPPs who were similarly situated, and indeed that the Liberals had supported the changes in pension rules Mr. Eves had proposed.

 

            Later in May, Premier Eves was questioned on the specifics of a $78,000 severance package received when he departed from the Legislature as Finance Minister and Deputy Premier, now that he had returned.  He replied that he had paid the money back to the Legislature on the eve of his being sworn in as Premier, and despite the Liberal leader’s asking why he had concealed the fact for five weeks, the issue faded from view.

 

            Mr. Eves’ predecessor had been somewhat coy in February about his plans for the future.  He had said he was not interested in entering federal politics and even suggested he might remain in the Ontario cabinet if his successor asked him.  On April 2 however Mike Harris retired from the Legislature, and on October 1 it was announced that he was joining the Fraser Institute as a Senior Fellow.  On October 3, it was reported that he had joined the law firm Goodmans LLP (despite not being trained in law) as a “senior business advisor.”  In one of his last speeches before leaving the Premier’s office, he addressed the subject of education – an area that had been very controversial during his tenure.  He spoke of having made tough choices and having saved the education system from mediocrity.  His critics however, such as Earl Manners, President of the Ontario Secondary School Teachers Federation, blamed him for an ideological stance that had led to weakening the system through under-funding.  Colin Perkel of Canadian Press quoted a response to Harris’ remarks from Kathryn Blackett, of the parent group People for Education: “I am almost apoplectic at hearing this,” she said.  “This is not the truth and this government has a habit of thinking that if they say things people will believe them, and the facts are completely contrary to what the Premier has said.”  Education remained a contentious issue for the government after Mr. Eves took over.

 

Education

 

            Education hit the government agenda in a number of areas during the year, but foremost among them were two – teacher certification and testing, and school board budgets and funding.  In early January, the government announced that it would require teachers to be screened for criminal convictions.  While the information would remain part of the teacher’s personnel file and not be made public, school boards would have the responsibility of deciding what to do about the information.  All current teachers were to be screened by July 2003, and no new teacher was to be hired without the background check after March 31, 2002 .

 

            The province had already announced mandatory professional development courses for teachers and the required completion of a teacher test before initial certification.  Some teachers’ groups had undertaken to boycott in-class training of student teachers as a protest against the government’s required professional development courses for recertification.  In March however, the public elementary school teachers decided not to join the boycott, mounted initially by the English Catholic Teachers Association.  They were reluctant to abandon their role in training the next generation of teachers.  At the same time however, teachers turned their attention to organizations being called on to provide the professional development courses.  Faculties of Education were already being urged not to cooperate in producing such courses, and now the Theatre Festivals in Stratford (Shakespeare) and Niagara-on-the-Lake (Shaw) were asked to stop providing courses for recertification.

 

            In mid-March, the government sought to make clear their position that the teacher tests for initial certification were not being provided as a pilot project.  Student teachers would be required to pass the test if they hoped to teach in the fall.  Then in April, they appeared to reverse their position and said the tests would not count for 2002.  The tests, developed at a cost of $2.6 million, would be required for teachers beginning in 2003.  The government maintained its aim however to test existing teachers in three-year cycles.

 

            The rules for the latter appraisals had been passed into law in March and would apply starting in September.  While experienced teachers would be tested every three years, new teachers would undergo assessment twice in each of their first two years.  Students in upper high school grades would be asked to evaluate the effectiveness of their teachers in helping them to learn, while parents would be asked to comment on the teachers’ success in communicating with them concerning their children’s educational progress.  Many teachers worried that the assessment would not address the real quality of teaching or the conditions under which it was done and might be little more than a popularity contest.

 

            A considerable amount of attention was paid throughout the year to issues of education funding, including the capacity of school boards to bring in balanced budgets.  In February, seventy-two Directors of Education from across the province and from public, separate, French and English school boards, complained to Ediucation Minister Janet Ecker that they were starved for cash.  The Toronto Star (February 19) quoted Scott Browning, an aide to the Minister, as saying education funding had gone up in every year of the government’s mandate, and that “Education remains a priority for this government.”  Earlier in the month however a group of parents had formed a new organization called Concerned Parents of Toronto to protest cuts to school budgets.  Because their membership included doctors, lawyers and business people from upscale neighbourhoods like Rosedale and Forest Hill, it was thought they might have significant impact on government decision-makers.

 

            On February 21, Andrea Baillie of Canadian Press reported that the Education Ministry was looking into reports that two public high schools were violating provincial rules by charging students extra fees for workbooks and classroom materials.  Annie Kidder, of People for Education, quoted a survey conducted the previous year that showed seventy-five percent of secondary schools were charging fees for labs or classroom materials.  In early March, several parent groups reported increases in the use of special fees, as well as increases in the shortage of textbooks.

 

            Later in the year, a number of school boards expressed to the Ministry their belief that they could not carry out their responsibilities if they were compelled (as they were by provincial regulations) to bring in a balanced budget.  On May 28, the Toronto District (Public) School Board defied provincial rules and passed a deficit budget..  On June 26, the Ottawa-Carleton School Board also passed a deficit budget, and by then the Hamilton-Wentworth and Thames Valley school boards had also approved deficits.  In early July, Colin Perkel of Canadian Press reported a study by the Canadian Centre for Policy Alternatives that found Ontario school boards had about $2.2 billon less to work with than they had in 1994.

 

            By early August, the Education Minister (now Elizabeth Witmer) was poised to receive reports from accountants she had appointed to conduct forensic audits of the school boards who had passed deficit budgets.  When the reports appeared, they were highly critical, especially that of the Ottawa-Carleton Board, which blamed trustees for delayed or uneconomical decisions.  However the report suggested it was too late to recoup and recommended new targets be established for January or September 2003.

 

In Toronto , five school trustees called for an open public inquiry to be conducted by Al Rosen, the forensic auditor appointed to look into the Toronto Board’s budget.  Parent groups urged Mr. Rosen to look “beyond the bottom line.”  When Mr. Rosen’s report appeared, it was roundly attacked by employees of the Toronto District Board.  On November 18, Canadian Press quoted John Weatherup, President of CUPE local 4400 which represented some twelve thousand non-teaching school board employees, as saying that the report did not resemble an audit.  “It is a politically motivated attack,” he reportedly said, “mixing lies with distortions.”  For their part, the Elementary Teachers Federation cancelled an invitation to the Minister to speak at their convention.  They gave NDP leader Howard Hampton a warm reception instead.  By August 13, Hamilton-Wentworth Board staff had begun to make budget cuts that the Board had rejected.

 

            By September 1, the Ministry had taken over the School Boards in Toronto , Hamilton and Ottawa , and parent groups were expressing concern that budget cuts to be imposed by Ministry-appointed supervisors would seriously diminish the quality of education.  A survey of elementary schools reported by People for Education (and cited by Marlene Habib of Canadian Press) found that schools were increasingly relying on fundraising to provide basic materials for students, and members of the group were afraid that further cuts would exacerbate the situation.

 

            The government moved in early September to investigate school funding in general. They appointed an Educational Equality Task Force, headed by the President of the University of Guelph , Mordechai Roazanski, to hold hearings and make recommendations on the possible revision of the funding formula.  He was to report by November.  At hearings in London soon after the opening of the Legislature, among those who addressed Dr. Rozanski was Training, Colleges and Universities Minister Dianne Cunningham, who conceded that more money needed to be pumped into the system.  She did not claim to be speaking for the government however.

 

            In early October, Minister Witmer did move to put some additional funds into the system for teacher recruitment and training.  She announced $11 million for teacher recruitment and professional development – five million for distance education for teachers, five million for professional development in the teaching of early reading skills, and one million for recruiting, especially in mathematics, science and technology.  Canadian Press quoted Emily Noble, President of the Elementary Teachers Federation, as saying the money was “a drop in the bucket” – not nearly enough to offset cuts made by the government, estimated by some critics to be as much as two billion dollars since the start of their term.

 

            A coalition of parents, unions and trustees in Toronto moved in November to launch a court challenge to the provincial takeover of the Toronto school board and the appointment of Paul Christie as Supervisor.  By the end of the month however, Mr. Christie had submitted a budget that cut $90 million from the Toronto School Board’s planned expenditures.

 

            On December 10, Mordechai Rozanski submitted his report and recommended an infusion of $1.8 billion into the school system.   Before the Legislature rose for the Christmas recess (and the government retired to consider Dr. Rozanski’s report) the Premier announced a grant of $341 million for teacher salary increases.

 

            Money was at issue in the world of post-secondary education as well.  In January, five students invaded the office of the Principal of Queen’s University to protest that institution’s support for a proposal to deregulate tuition fees – allowing universities to charge what the market would bear.  Although Queen’s was not alone in its position on fees, the universities of the province were divided on the question, and on January 24, it was reported that the government had rejected the deregulation request from Queen’s and would keep the two percent cap on tuition fee increases in most programmes for 2002-03.  In February, during the leadership campaign, Jim Flaherty expressed his view that post-secondary tuition was a bargain and was quoted by Canadian Press as saying students were paying about thirty-five percent of the costs of their education.  The figure seemed out of date at many provincial universities where tuition now accounted for between forty-five and fifty-five percent of operating expenses.

 

            In May, the government made three significant moves in the post-secondary field.  Ryerson Polytechnic University was renamed as simply Ryerson University , completing the process begun several years before to recognize Ryerson’s transformation into a full-service university.  At the same time, they authorized the Ontario College of Art and Design to begin granting university degrees, and they established a new post-secondary institution – the University of Ontario Institute of Technology, located adjacent to the campus of Durham College of Applied Arts and Technology.  The President of Durham College became the first President of UOIT.  The new university was designed to take advantage of projected demand for technological education at a university level.  The model frequently cited was the Massachusetts Institute of Technology, but it was too early to tell if that comparison was realizable or overly ambitious.

 

            In August, the government invited CAATs to apply for the right to offer “applied degrees.”  It was assumed that not all Community Colleges would apply or be granted the right, and some observers predicted a division of the CAATs into two tiers – those with applied degrees and those without.  The degrees would be four-year technical programmes, rather than the two and three year diplomas and certificates currently being offered.  The opening of new “degree” opportunities was thought to be part of the government’s response to the “double cohort” resulting from the end of Grade XIII.  In mid-October, Canadian Press quoted Queen’s professor Alan King as saying there was a secret government report that predicted more than seven thousand qualified university applicants would not be admitted in September 2003 because of inadequate planning.  Government representatives denied the problem was of that magnitude and university officials sought to reassure parents and potential students that space would be available for qualified applicants.  Later in October, the government revealed its plan to provide forty million dollars to the post-secondary system – twenty-seven million to universities and thirteen million to colleges – to renovate facilities to accommodate the double cohort demand.

 

            In addition to concerns that there would not be room for those who wished to continue their education after high school, there was also a fear that new testing requirements in the schools would make increasing numbers of students ineligible to graduate.  (In January, when Grade IX mathematics testing was underway, it was reported that in the previous year only forty-four percent of students had met the seventy percent standard on the standardized test.)  In late September, Liberal leader Dalton McGuinty had proposed a new high school diploma that would combine academic achievement with workplace experience.  In October, Education Minister Witmer said she was willing to consider an alternative diploma for those not going on to post-secondary education, but no action had been taken in that direction by year end.

 

            Perhaps the most ironic moment for education in 2002 came when the Ontario Labour Relations Board responded to parents of blind, deaf and otherwise disabled children who wanted special schools reopened that had been closed by the OPSEU strike.  They argued that the workers in the schools provided an essential service.  The schools should be reopened, said the Board, but not for the purposes of teaching.  The education was not an essential service, but health care for the disabled students was.

 

Health

            As health care delivery continued to account for the largest proportion of provincial government expenditure, issues of health remained at the forefront of political consideration during the year.  However with one or two exceptions, no aspect of health care took up the public’s attention for any great length of time.  Waiting times for emergency care and surgical procedures, the quality and availability of medical personnel, the government’s plans to develop Family Health Networks, the funding of hospitals, refusal of paramedics to accept mandatory flu shots, and specific outbreaks of communicable disease all made headlines at one point or another.  Of somewhat more durability than all of these however was the report of the Walkerton water contamination inquiry.  In early January, the government announced it was providing $2.6 million to Walkerton “to rebuild,” but critics observed that the bulk of the funding was going to service an industrial park, rather than to address issues of water quality in particular.

 

            In the third week of January, the Liberals and NDP both called on the Conservatives (heavily engaged in their leadership race) to recall the Legislature to deal with the first report of the Walkerton inquiry.  Canadian Press quoted Justice Minister David Young’s response on January 21: “The last thing the people of the province need is more debate from politicians.  They want action.”  No-one expected that the report would result in action without any legislative debate, but clearly it was not to occur until the PCs had selected their new leader.

 

            Late in May, Mr. Justice O’Connor released the second report of his inquiry into the Walkerton tragedy.  In it he included ninety-three recommendations for improving the safety of the water treatment system and to prevent a recurrence of events such as those that had occurred in Walkerton.  He called on the province to enact a safe drinking-water act, related to treatment and distribution.  In addition he recommended a branch of the Environment Ministry be devoted to drinking water and another to watershed management.  The Ministry, he said, should be in charge of regulating farm impacts on water sources.  (The contamination that resulted in seven deaths in Walkerton had come from the excrement generated by a nearby livestock farming operation.)  The report also addressed the responsibility of municipal governments for aspects of drinking water safety and called for the accreditation and periodic inspection of water-testing laboratories.  The government took the report under advisement and promised legislative action later in the year.

 

            In late October, the government made good on its promise, introducing safe water legislation that contained many of the elements recommended by Mr. Justice O’Connor.  The bill had drawn some inspiration from a private member’s bill introduced earlier by NDP environment critic Marilyn Churley, but Ms Churley was critical of the fact that the government bill did not adequately address the issues of cost (especially for municipalities).  The Premier opined that much of the additional cost would have to be borne by consumers, noting that people were apparently willing to pay more for cable television than they were for water.  Some of the actions contained in the legislation has already been implemented; others were to be put in place in the future.  While the Opposition was critical of the bill (including asking why it had taken so long), the Globe and Mail (October 30) called it “a bold step back from Harris cuts.”

 

            One potential victim of the Harris government’s restructuring of the hospital sector was given a final reprieve in February.  The government had proposed the closure of the Montfort hospital in Ottawa, but the Ontario Court of Appeal had agreed with the assertion that the hospital – providing services largely in French – was vital to the survival of the French-language community in that city.  On February 1 it was reported that the government had decided not to pursue an appeal to the Supreme Court of Canada, and the hospital was thus saved from closing.

 

            In late January, the province announced – as a public health measure – it would require paramedics working with ambulance services in the province to have flu shots each year.  Perhaps because of skepticism about the efficacy of such inoculations, and noting that they were already required to take many other shots, the paramedics voted in February not to comply.  Negotiations continued for several months, until in early October the government relented and lifted the requirement.

 

            Public health issues appeared on a few other occasions during the year.  In January, an e-coli outbreak occurred in several towns, with a total of twelve cases, but the cause was undetermined.  Later in the month, several hospitals reported outbreaks of the Norwalk virus, but all reopened February 1, after taking precautions to control and eliminate the infection.  In August, after the province had experienced numerous cases of the mosquito-borne West Nile virus, the government promised nine million dollars for programmes for largely preventative measures to fight the disease.

 

            Much of the government’s attention during the year was directed to issues of improving delivery of health case and of ensuring that necessary medical personnel were available.  In mid-January, nurses in the province agreed to a salary settlement that provided ten percent salary increases over three years.  The difficulty of retaining skilled nurses remained a concern, but the settlement of a salary agreement promised to alleviate the concern in some small measure.  One use the province had made of nurses, in an effort to provide health advice more efficiently, was through the development of its Telehealth project, sometimes colloquially called “dial-a-nurse.”  In February, Canadian Press reported the service had logged half a million calls in its first year of operation, mostly from people reporting nausea, vomiting, abdominal pains, fever in children, colds, coughs and rashes.  About one third were advised to see a doctor; about forty percent were repeat calls.  Critics called it “cookbook medicine” and worried about liability.  On the other hand, its proponents argued that if it prevented many people from clogging emergency rooms unnecessarily, it was worth the investment.

 

In a different use of technology, the Registered Nurses Association announced in February that they had created a web site at which people could get answers to some of their questions about health policy, and at the same time they invited MPPs to provide their positions on health issues so that the nurses could publicize them.  This effort came at a time when the PC leadership race was focused on health care, as Ernie Eves had expressed his view that there might be room for things that other candidates called two-tier medicine.  April Lindgren of Southam News quoted him as saying it made no sense that one could pay for an MRI for one’s pet at 2:30 in the morning but could not pay for a similar test for one’s mother.  In early July, the National Post reported that the government would permit twenty new MRI machines and five new CT scanners to be operated privately, provided that they accept OHIP payments for all medically necessary services. 

 

            The issue of private provision of health care had also arisen in February, when Provincial Auditor Erik Peters said that private cancer treatment clinics were proving more expensive that those provided under the auspices of Cancer Care Ontario .  Two business professors (Murray Bryant of the Ivey School at University of Western Ontario and Ramy Elitzur at the University of Toronto’s Rotman School took issue with his findings, saying he had made “accounting errors.”  Canadian Press reported (February 18) Peters’ response in which he argued that Elitzur in particular was ignoring the fact that the private clinics dealt with an inherently cheaper subset of treatments (for breast and prostate cancers).  The debate remained lively, and in October, Health Minister Tony Clement (who had, in the leadership campaign, criticized Eves for promoting two-tier medicine) pointed with favour to the role of privatization in the health care system.  Then in December, Lewis Auerbach (a former director in the federal auditor-general’s office) issued a report that asserted hospitals that the government was proposing be built as public-private partnerships might result in higher costs and/or reduced service.  While Minister Clement agreed the proposals should be subject to review by the provincial auditor, he denied that they would cost more.  Andrea Baillie of Canadian Press quoted Auerbach as saying there was “a disturbing lack of the most basic information” available about the government’s decision.  It appeared that the debate over the role of private provision in health care would continue into the future.

 

            Through the year there were frequent announcements of new government expenditure in support of improving health care.  In February, the government announced it would approve eight hundred thousand dollars to fund fifteen post-graduate medical training positions for Canadian citizens or permanent residents who completed medical training abroad and would return to Ontario and agree to work I under-serviced areas.  In April, it was announced that hospitals in three cities ( Sudbury , Ottawa and North Bay ) would receive some two hundred million dollars in funding.  Critics were quick to observe that over half the money was going to North Bay , in the last days before the Nipissing by-election would take place.  In August, the government announced it would invest $32.5 million to improve ambulance response times.  In September, the province announced federal and provincial funding of two hundred thirteen million for health care, and in November it promised Ontario hospitals three hundred million dollars in new funding.

 

Towards the end of November the Premier announced a plan to “fast-track” qualification of foreign-trained doctors so they could practice in Ontario .  The aim was to encourage doctors to serve for at least five years in under-serviced areas of the province.  The target was to attract another six hundred fifty doctors to serve in Ontario – one hundred fifty in the first year.  The Ontario Medical Association however asserted there was a world-wide shortage of physicians, so Ontario could not rely on foreign-trained doctors to alleviate its own shortage, estimated at over fifteen hundred.

 

            In an effort to provide primary care with greater efficiency, the government had urged the creation of Family Health Networks in which physicians, nurses, and nurse-practitioners would combine their efforts collaboratively to treat patient who were enrolled with the Networks.  Payment would be on a per-patient or “capitation” basis, rather than by fees for services.  In September, Health Minister Tony Clement pointed with pride to the growth of participation in Family Health networks as an indication of the increasing pace of primary care reform.  Critics however asserted only a handful of doctors had signed up and they called for scrapping the scheme.  The plan came under attack in October, when the Coalition of Family Physicians of Ontario expressed their view that the FHNs were not an improvement on the fee-for-service system.  They cited a survey of their members in which ninety-eight percent of respondents had rejected the scheme and they called instead for giving doctors a raise in the fee schedule.

  

            Despite the promises of increased funding, and efforts to attract needed personnel, the rising demand for health care continued to be seen.  In January, Canadian Press reported the creation of a new organization called Communities for Home Health Care that was calling on the government to release two hundred ninety-five million dollars in home health care funding which had been frozen pending the overhaul of municipal Community Care Access Centres.  In March, the Ontario Hospital Association predicted more emergency room backlogs unless the province put a billion dollars into hospitals.  At the same time, manufacturers of generic drugs asserted the government was wasting millions of dollars because they were slow to approve generic drugs.  While both these claims could have been argued to be somewhat self-serving for the organizations making them, they nonetheless highlighted two areas of continuing concern in regard to the rising cost and allegedly diminishing availability of important elements of health care delivery.  In mid-March, a group of midwives and pregnant women protested that the government was delaying entry to practice for graduates of a new midwifery programme.  The government reconsidered in light of this protest and announced the graduates could begin immediately.

 

            In September, a Peel-Toronto Task Force headed by former federal Conservative cabinet minister Michael Wilson called for a major reform of the mental health treatment system.  What was needed, they said, was a system of regional mental health boards with dedicated funding to provide services.  Towards the end of October, parents of an autistic child petitioned the Legislature to allow the intensive behavioural intervention treatment they had been receiving for their child to continue to be funded past age six.  The legislation then in place provided OHIP funding only to age six, and the parents argued that it was needed much longer.  Costs of treatment were such that parents could ill afford them, but they argued the treatments were effective and medically necessary.  By year end, no action had been taken and the parents contemplated court action to try and force the government’s hand.

 

Energy and Environment

            The province struggled throughout the year with plans to open the electricity market to competition and to ensure an adequate supply of electric power.  The breaking up of Ontario Hydro into component parts and the intended privatization of significant parts of the resulting organizations was a cause of much debate during the year.  The tension between developing the energy capacity of the province and maintaining an affordable energy supply remained a troubling issue at year end.

 

            When Ontario Hydro was broken up, it was left to consumers to pay off the “stranded debt” of the corporation.  In January, Canadian Press reported speculation that households might each pay four dollars a month extra for electric power as local utilities found themselves required to pay off the debt through payments to the province in lieu of taxes.  By September, the unfunded debt, held by the Ontario Electricity Financial Corporation, was seen to be increasing, and electricity bills were therefore likely to continue their rise.

 

            Another concern born of the restructuring was the impact on employment. The Toronto Star reported (January 15) that Ontario Power Generation (one of the companies resulting from the Hydro breakup) would have to cur two thousand jobs over the coming two years in order to be competitive after the electricity market opened on May 1.  OPG was at that point responsible for generating seventy-two percent of Ontario ’s power.  Given this projected job loss, the NDP called on the government to fight an election on the future of the electric power system.  Towards the end of February, NDP leader Howard Hampton issued what he called an alternative energy plan that would have halted the proposed opening of the electricity market to private competition and would have stopped the selling of Hydro assets to private firms.

 

            In the meantime, as the opening of the market approached, there was concern expressed (by Energy Minister Jim Wilson among others) about he tactics being used by energy marketers who were trying to sign up as many consumers as possible to long-term electricity contracts before the market opened.  The confusion of consumers about these contracts, and the high pressure sales approach of marketers, was reflected in the revelation in early March that many households (some estimates went as high as half a million) had signed long-term electricity supply contracts with more than one supplier.  The complexity of operating in the new market environment was highlighted by the case of Toronto Hydro, revealed in September. They had been fined by the Ontario Energy Board after it was determined that the regulated arm of the corporation, Toronto Hydro Electric System (which owns the wires carrying electricity to homes and businesses) had improperly conveyed information about consumers to the deregulated arm of the corporation, Toronto Hydro Energy Services (which sells fixed-price electricity and natural gas contracts).  It was also alleged that some door-to-door sales personnel had led customers to believe they represented the utility rather than the unregulated retailer.  Toronto Hydro Energy Services stopped selling contracts door-to-door as a consequence and relied on direct mail, advertisements and call centres instead.

 

            It was announced in late February that Ontario Power Generation would be required to rebate to consumers any additional revenue it received if the electricity price rose above 3.8 cents per kilowatt hour after the market opened.  OPG estimated it would be rebating about four hundred twenty-five million dollars, as the price was expected to be 4.3 cents per kilowatt hour.  Perhaps in an effort to calm fears about price increases in the new privatized market, the Independent Market Operator (which would regulate the market after May 1) predicted in early April that demand for power would be modest and supply would increase.  However by April 18, the same body was predicting that Ontario might be subject to brownouts and blackouts under a worst-case electricity scenario.

 

Somewhat earlier, NDP leader Howard Hampton pressed the government to reveal any dealings it had with the US energy trading firm Enron, which had gone bankrupt amid allegations of executive corruption towards the end of 2001.  Colin Perkel of Canadian Press quoted Hampton (February 22) saying, “Enron had an influential role in shaping the government’s privatized, deregulated electricity programme.”  However Energy Minister Wilson said the only representation the government had received from Enron was from its Canadian subsidiary which Wilson said had nothing to do with its failed US parent and was “one of our great energy companies.”  Enron Canada had sought an injunction in a Calgary court to prevent clients from cancelling their contracts with the company, in light of the parent company’s failure.  Enron Canada claimed it needed the injunction to survive as a stand-alone company, but the court refused to grant it.

 

            In late March, the NDP had complained to the Advertising Council about a supplement in the Globe and Mail that the opposition party described as “propaganda masquerading as news.”  (Canadian Press, March 26)  Much of the debate through the remainder of the year was concentrated on two issues: the privatization of electric power and the price of electricity.

 

            In early April, two unions (the Canadian Union of Public Employees and the Communications, Energy and Paper-workers union) had taken the Ontario government to court to prevent the sale of Ontario Hydro assets to private owners.  On April 19, Mr. Justice Arthur Gans ruled that the government did not have the lawful right to sell the electricity power grid.  In response, the government suggested (April 30) that they might instead lease the grid to private firms.  When the market opened May 1, it did so without the sale of the electricity grid.  In late May, the government introduced legislation that would put in place the legal authority Mr. Justice Gans had said was missing.  On June 12 however it was announced the Ontario would not sell the grid.  On July 4, Canadian Press reported that the Ontario Court of Appeal had refused to hear an appeal against Mr. Justice Gans’ lower court decision.  Since the Legislature had now passed a law permitting such a sale, the appeal would have been moot.  On the other hand, it now appeared that the government had decided to retain a controlling interest in the province’s electric power grid.   A side-issue in the privatization discussions was the assertion in mid-May that some Hydro One executives might be pushing privatization since it would result in their receiving expensive severance packages.  Six executives, it was suggested, were in line for severance totaling some twelve million dollars.  Whatever the truth of the assertion, the government moved in early June to introduce legislation that would limit severance packages for Hydro One executives.

 

In mid-July, the Board of Directors of Hydro One (the operator of the power grid) announced that they had fired the CEO, Eleanor Clitheroe, asserting that she had misused company resources for personal needs.  The Board was a new one appointed by the government after the original Board had supported the CEO.  Ms Clitheroe filed suit alleging wrongful dismissal a month later and also asked that the court overturn, as unconstitutional, legislation rolling back salary increases of Hydro One executives.  Hydro One challenged her right to sue, but in December the courts agreed that she could sue to seek fulfillment of her contract.  The case remained unresolved at year end.

 

When the electricity market opened on May 1, prices were initially lower than they had been, but price fluctuation began soon thereafter.   The new Energy Minister, Chris Stockwell, sought to assuage fears by asserting that blackouts or brownouts were unlikely.  By July however, the unusually hot summer was leading the Independent Market Operator and political figures to urge conservation of electricity to avoid just such eventualities.  By October, the high energy use in the summer had led to fears of service interruptions, as well as demands from consumers for protection from price increases.  John Baird (by then the Energy Minister) asserted that Ontario had sufficient generating capacity but he would not guarantee there would be no brownouts or blackouts.  It was Baird who responded for the government (September 30) to the report of an all-party committee on “green” fuels and energy sources some four months after the issuance of the report.   He promised a progress report on the hundred forty-one recommendations by the end of the year.  Canadian Press quoted critics Marilyn Churley of the NDP and Jim Bradley of the Liberals respectively as saying the response was “totally inadequate” and “absolutely pathetic.” The Premier speculated about limiting the authority of the energy price regulator.  When the Ontario Energy Board threatened to cut the rebate to consumers, the Premier promised the rebate would go ahead.  In an unrelated event, former NDP Finance Minister Floyd Laughren announced he would retire from his post as Chair of the Ontario Energy Board at the end of December.

 

By November, criticism of the government’s energy policy was seen as threatening to their success in the next election.  The hoped-for expansion in generating capacity had not materialized, because private firms had shown reluctance to build the necessary plants.  In the meantime, it was announced the renovation of the Pickering nuclear generating station would be delayed until 2006 and would be some two billion dollars over budget.  Liberal leader Dalton McGuinty, with a focus on air pollution rather than energy generation, promised to close all coal-fired generating plants if he were elected Premier.  Energy retailers were complaining that government price freezes had killed the open energy market.  Nevertheless in December, just before the Legislature went into recess, the Premier announced that Ontario electricity rates would be frozen for the next four years.

 

In the area of environmental protection, the government had a relatively quiet year.  To be sure, there were isolated incidents through the year of threats to the environment, such as the announcement by the Globe and Mail in February that they had uncovered Environment Ministry documents alleging dangerous levels of PCBs in the Grand River from the site of a manufacturing plant once owned by General Electric.  However their biggest exposure to criticism came in three reports in June, July and September, from the Canadian Environmental Law Association, the Sierra legal Defense Fund, and the province’s Environmental Commissioner, Gord Miller respectively.

 

The first report from the CELA in June accused the Conservative government of gutting the process for environmental assessment.  The second report, from the Sierra Fund in July asserted that lax enforcement and low transparency had made Ontario a haven for polluters.  On this occasion the government took issue with the allegations, saying the organization had underreported charges laid against polluters and convictions secured.  The report from the province’s own environmental watchdog was perhaps harder to dismiss.

 

Gord Miller’s third annual report, issued in late September, found inadequacies and room for improvement in areas of water quality, biodiversity, air quality and land use planning.  He cited reductions in water monitoring stations and a consequent lack of information on water pollution in southern Ontario rivers and streams.  The threat of acid rain and the risks to ecosystems were inadequately addressed, in his opinion, and emissions from electricity generation and automobile traffic were threatening air quality without hindrance.  He indicted the government for an inability to measure the protection of the natural heritage in southern Ontario .

 

The particular issues arising from the Walkerton inquiry probably took most of the government’s environmental attention through the year, though they did promise fifty million dollars in April for clean-up programmes in the Great Lakes .  Of course critics complained it was not enough.  In March, the government had announced a sweeping ban of development on the ecologically sensitive Oak Ridges Moraine.  However the Toronto Star reported that a backroom deal had been concluded to permit the building of seven thousand homes on the moraine.

 

Other Issues

            The province dealt at various times with issues outside the three main areas of concern.  There were disputes in the early spring around the continuing issue of Quebec-based contractors seeking construction work in Ontario , as well as questions for the federal government about support for the provincial role in immigrant resettlement.  In February, an inquest into the death of Gillian Hadley, shot and killed by her estranged husband who then killed himself, made fifty-eighty recommendations to help prevent further such occurrences of domestic violence.  The response from the office of the Attorney-General was to express concern about costs.  Later in the year, an inquest opened into the death of Kimberly Rogers, a young woman who had died of a drug overdose while confined to her home because of a conviction for welfare abuse.  The government introduced legislation to ensure Ontarians would be prepared for possible terrorist attacks, and they addressed issues of pension reform, initially asking passage of a bill, parts of which they promised not to proclaim, and then withdrawing those parts before final passage.

 

            None of these matters occupied the front pages for long, but all were of considerable importance to some part of the community, and some promised to be of greater importance at a later date.  All served to highlight the diversity and complexity of Ontario political issues.

 

Legislative Politics

            The Throne Speech delivered at the opening of the Legislature May 9 spoke of the government’s plans in the area of education, health care, water quality, and energy, and those indeed were the matters that commanded the greatest attention through the year.  When Finance Minister Janet Ecker presented the Budget June 17, it was the fourth balanced budget in a row, in spite of fears expressed in February that the government might have to plan for a deficit.  However when the Minister produced an economic statement in the fall, things appeared somewhat less rosy, and she elected to postpone some promised tax cuts to 2004.

 

            There was speculation in the fall about the date of a provincial election, given the fact that the government had elected a new leader in the spring and might soon be ready to go to the polls.  In September, all three party leaders appeared at an international plowing match in Glencoe.  In the province’s more agricultural past, such a gathering was often the prelude to an election campaign, and traditionalists wondered if the event still had that function.  A week later, the Legislature reconvened, and the Premier identified the session as “make-or-break,” suggesting to many that an election might be expected in the spring of 2003.  In late October however, a poll showed that the government party had suffered a nine percent decline in popularity, and while the Premier dismissed the poll, saying government popularity went up and down all the time, he began to talk soon thereafter about a fall 2003 election.

 

            Perhaps it was a foretaste of electioneering when in May the opposition accused Chris Stockwell and his staff of filing extravagant expense claims, including sizable bar tabs.  At first, Minister Stockwell said he would not file such claims in future but refused to refund the money.  A week later, as opposition and press comment continued, he agreed to repay three thousand dollars of the expenses.  In early October, similar accusations were levied against Tourism Minister Cam Jackson, and he was told by the Premier’s Office to repay some seventy-six hundred dollars of unjustified expenses.  Following allegations that he and his officials had run up expenses of over a hundred thousand dollars in twenty-six months, he resigned his post.  Canadian Press quoted him as saying, in his defense, that when he was hosting tourism ministers from across Canada , he shouldn’t be expected to take them to Swiss Chalet.  Predictably, several Swiss Chalet managers complained at this slight, and Mr. Jackson’s successor, Frank Klees, was quick to observe that he had been a fan of Swiss Chalet for many years.  A couple of days later, it was the Premier’s turn to be accused of filing illegitimate expense claims (during the time he had been Finance Minister).  A few days after that, his staff undertook to repay “inadvertent” erroneous claims.

 

            The government sought to turn the tables on the opposition by accusing some Liberal members of having similarly filed improper expense claims.  Then in late November, they introduced legislation that would allow the Integrity Commissioner to review the expense claims of opposition leaders and their staffs.

 

            Partisanship was clearly increasing, and observers presumed an election could not be far away.  Following the usual December revelations by the Provincial Auditor of wasteful government spending, the Legislature recessed, with Canadian Press headlines calling the government “bruised but still standing.”  Seasoned Ontario politics observer Graham White of the University of Toronto was quoted by Colin Perkel of Canadian Press: “What they did was respond to crises, fix up problems they’d inherited from Mike Harris and react.  They didn’t set out why they should be re-elected….”  It remained to be seen whether they could remedy that oversight before they called on the people for their votes.