This week, West Coast LEAF is at the BC Court of Appeal in coalition with the Community Legal Assistance Society (CLAS) speaking out for homeless people's right to
access justice under the BC Human Rights Code.
West Coast LEAF believes that all British Columbians should be empowered to fight for their rights and be able to meaningfully
access justice under the Charter.
Not exact matches
The Press summary of the judgment explains that «The Fees Order is unlawful
under both domestic and EU law because it has the effect of preventing
access to
justice.»
Under a grant from the State
Justice Institute (SJI -01-N-210-C03-1), the National Center for State Courts Institute for Court Management, in collaboration with the American Judges Association, is pleased to provide judges
access to an online course on Substance Abuse.
Everyone, regardless of their immigration status or the status of their loved ones, should have
access to equal
justice under the law.»
Announced Tuesday, the agreement was reached
under Project Civic
Access, the
Justice Department's initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act.
School leaders and policymakers now have
access to more than 60 recommendations to improve discipline practices in schools (PDF), which build on the Supportive School Discipline Initiative
under the U.S. Departments of Education and
Justice.
rts education, public art, art in community and service centers, artistic activism, community - based museums, expanded
access to art, art in the service of social
justice or change and the promotion of
under - recognized artistic practice.
The purpose is directly related to the function of the law society
under the Law Society Act, to protect the public interest and advance
access to
justice (see minority view, para. 204).
The Court of
Justice of the EU has held that the «examination script» i.e. the answers to examination questions, constitutes the personal information of the student, and therefore it must be made available to the student on request
under access to information and privacy laws.
Thus, ensuring effective
access to
justice under the rule of law should not be done according to socialist principles but this means serious resource concerns.
With bencher election results in and the Law Society of Upper Canada getting a facelift, this administration will be
under more scrutiny than any previous LSUC board for its action plan on
access to
justice.
Because two of the three legal aid sources are predominately supported by lawyers, decision makers should consider the potential impact on
access to
justice if lawyers were to dramatically reduce their time / financial support of pro bono services and legal aid programs, which is likely as competition increases and the social contract
under which lawyers and society have operated Vis a Vis the state sponsored monopoly continues to unwind.
And
under the Agenda for Sustainable Development, the United States has committed to «ensur [ing] equal
access to
justice for all,» as well as to «develop [ing] effective, accountable and transparent institutions at all levels» that are needed for that purpose.
[38] I would point out that an order
under section 140 (1) does not deprive a person of
access to
justice; rather, it provides extra scrutiny by the court, and impresses potential claims with a form of orderliness without prejudicing their merits.
It follows that the issue then becomes whether the exemptions
under the Court Rules Act can be interpreted so that they are consistent with the common law right of
access to civil
justice, which is preserved, as the Attorney General submits, by the Court Rules Act.
Nov. 26, 2013)[Bea & Smith, N. Randy, JJ., majority opinion; Wardlaw, J., dissenting]: 2 - 1 decision finding government's position in an earlier reversal of a social security disability denial was substantially justified
under the Equal
Access to
Justice Act fee - shifting provision.
Until our
justice system is color - blind and able to treat immigrants equally
under law, we must end the cycle of incarceration that defaults to locking immigrants behind bars rather than providing meaningful
access to our courts.»
Leapfrogging to the Court of Appeal
under s 57 of the
Access to
Justice Act 1999 remains.
Currently
under Building Block # 5: «Alternatives for increasing
access to
justice for the middle class», the committee is circulating the paper Unexplored Alternatives for the Middle Class [pdf] for commentary.
... (5) Fees charged by government for services rendered in individual cases, such as filing fees, do not constitute impermissible impediments to
access, and as such fall within the legislative ambit of the province
under s. 92 (14) and its responsibility for the administration of
justice...
And
access advocates hope it signals a new climate of openness
under new Chief
Justice John Roberts Jr..
Based on the above, the OPC view is that since search engines already engage in the indexing activity and are covered
under PIPEDA, they should have the obligation to de-index and takedown «because the problems that need addressing arise from their own actions; and because it promotes
access to
justice.»
The decisions listed in the following pages were taken from the subscriber
accessed legal database «LexisNexis Canada» («QL») website after a search was conducted
under the name of
Justice Moldaver.
Raising the small claims cap is not the only mechanisms available (the Supreme Court in BC has «Fast Track» simplified procedures for claims
under $ 100k), but I can see how a higher limit improves
access to
justice in at least three ways: 1.
The issue of
access to
justice was also raised in the context of CFAs; it was available to those whose solicitors were prepared to act
under a CFA (backed up by adverse costs insurance).
Under the rubric of
Access - to -
Justice, however, correctly understanding the roots of privilege, exclusivity, hierarchy, etc would seem more productive to me.
Furthermore, in terms of
access to
justice, the fairly stringent leave conditions
under the Supreme Court Act 2003, are a greater barrier to bringing forward an appeal (at least in a civil case) than was the case with the Privy Council where disputes that involved a monetary amount of $ 5,000 or more could be brought as of right.
To say he understands the issues in
access to
justice is something of an
under - statement.
The tragedy has highlighted the divisions in society and raised many questions including issues as to:
access to
justice and legal funding, as the tenants were unable to obtain legal aid for advice due to the legal aid cuts; the legal protection of tenants both in private and social housing; the inability of council tenants to enforce or seek to have enforced basic fitness standards
under the Housing Health and Safety Rating System and Housing Act 2004 (HHSRSA), and the purchase of housing stock by local authorities.
Check out our new discussions
under the
Access to
Justice Tab (New Canadians and Persons with Disabilities) and our Enforcing Your Rights Tab (Challenging Your Lawyer's Bill).
The confusion is understandable, given that barely two years have elapsed since the act came fully into force and that the Court of Appeal has yet to pronounce upon the key areas of controversy, but nonetheless highlights critical
access to
justice issues that went unobserved and unnoticed
under the previous legislative regime which thirty years» of case authority had fully illuminated.
«We believe that by using decentralised technology to connect latent resources on the supply side (
under - utilised lawyers) with newly discovered resources on the demand side (donations that were never aimed at the legal industry) we can change the
access to
justice paradigm,» Ghiassi said.
But before leaving the category of proceedings into which magistrates» court child support work falls: for the Legal Services Commission if a lawyer should seek legal aid for his client in committal proceedings (CSA 1991 s 39A — 40) it is treated as «criminal proceedings»
under Access to
Justice Act 1999, s 12 (2)(g) and Criminal Defence Service (General)(No 2) Regulations (SI 2001/1437) by application on CDS14 and CDS15.
LSUC has an outmoded system of management that is not
under sufficient public or political pressure to make perform its duties
under s. 4.2 of the Law Society Act, specifically as to: (1) advancing the cause of
justice and the rule of law; (2) facilitating
access to
justice; (3) protecting the public interest; and, (4) acting in a timely, open and efficient manner.
For by the
Access to
Justice Act 1999 (Destination of Appeals)(Family Proceedings) Order 2009 (SI 2009/871); MCA 1980, s 111A has been added, with the intent of removing the necessity of appeal by way of case stated
under s 111 from any s 65 family proceedings and proceedings
under CSA 1991.
The domestic question is the balancing exercise between a civil
justice process that pays for itself (thus meeting the Osborne goal of an economy in surplus) and the level at which fees affect
access to
justice, either broadly or upon the state's obligations
under Art 6.
In his decision, Perell acknowledged that «a judge, managing a class action is not a judge of the Youth
Justice Court» and that he doesn't have jurisdiction to make an order
under the Youth Criminal
Justice Act to grant
access to records.
In an initiative the Law Society of Upper Canada's outgoing treasurer is touting as his legacy, the regulator brought some 100 members of the
justice sector
under the same roof for the first time this week to put their heads together on the
access to
justice crisis.
West Coast LEAF and CLAS are intervening in the case, Vancouver Area Network of Drug Users v. DVBIA and COV, to argue that evidentiary requirements to show discrimination
under the BC Human Rights Code must not themselves create additional barriers to
accessing justice for populations facing historic disadvantage and marginalization.
In the Employment Appeal Tribunal, Langstaff J held that the absolute immunity provided by the State Immunity Act 1978 (the «Act») breached the claimants» rights of
access to
justice under Article 6 of the Convention.
Still, with tort reform and legislators» attempts to weaken federal regulations and preempt effective state laws, plaintiffs and consumers are facing a legal landscape where their
access to the nation's
justice system is
under attack.
We are proud to offer this opportunity to recognize volunteer lawyers who help to provide equal
access to
justice under law.
But as we rediscover each time we release a new resource, and experience the gratitude of SRLs and the widespread attention of other national and provincial organizations, the enormous amount of work necessary to develop these resources is being undertaken by some of the most overworked and
under - resourced agencies and individuals in the
access to
justice field.
Many of the failures to address and remedy the conditions in which Aboriginal women and girls live fall
under BC's constitutional responsibility, including education, housing, public transportation,
access to
justice, and support for families and children.
In April 2015, West Coast LEAF and CLAS intervened jointly in this case at the BC Supreme Court to argue that the evidence required to establish discrimination
under the law must take into account people's lived realities and not create needless, additional barriers to
accessing justice.
Unlike the oath reading: «I shall seek to ensure
access to
justice and
access to legal services to the best of my abilities to ensure everyone is equal before and
under the law.»
UNISON applied for a judicial review of the Fees Order and argued that it was not a lawful exercise of the Lord Chancellor's statutory powers because the fees interfered unjustifiably with the right of
access to
justice under the common law and EU law, frustrated the operation of legislation granting employment rights, and discriminated unlawfully against women and other protected groups.
The newspapers argued that their ECHR, art 10 rights were infringed by orders to reimburse the success fees and ATE premiums incurred by the claimants,
under the
Access to
Justice Act 1999 regime.
Now
under the auspices of the Illinois Bar Foundation (IBF), with significant assistance from the
Access to
Justice Commission and the continued support of The Chicago Bar Foundation, the program has expanded to ten court sites throughout the state.