The case is also important because it was the first time the Supreme Court characterized public interest standing
as an access to justice issue (SWAUV at para 51).
Across the country, the need for clear, thorough family law information for people who are representing themselves in court has been identified
as an access to justice issue.
Personally, I see
this as an access to justice issue: the increases in upkeep costs of these publications (100 % to 200 % and more over the past four years is not unusual) eventually get passed on to lawyers» clients, who already struggle with the cost of legal representation.
Meanwhile, keep an eye out for Part 3 of this series of blogs that will highlight the second chapter of the report, which examines the pros and cons of the current legal system as well
as the access to justice issues that plague it.
Not exact matches
«The strict secrecy of grand jury proceedings — originating in medieval England and mandated in New York by statute — can be detrimental
to access to justice and public debate over
issues of compelling public interest,» Lippman said in his annual address, known
as the State of the Judiciary.
She is involved with and an advocate for community partnerships aimed at overcoming the barriers of
access to mental health services
as a means of addressing social
justice issues that are prominent in our society.
Kris Nordstrom, a consultant for the progressive N.C.
Justice Center (the parent nonprofit for N.C. Policy Watch) and a former fiscal analyst for the legislature, warned legislators that their efforts would be better spent on proven methods, such
as increasing
access to pre-K programs, expanding instructional time, recruiting and retaining high - quality teachers, and addressing poverty - related
issues such
as mental health and child nutrition.
Do they see
access to justice as a serious
issue?
Thankfully, the
issue of
access to justice is figuring prominently in the general debate, as evidenced by the recently released CBA Legal Futures report and the ongoing work of the Action Committee on Access to Ju
access to justice is figuring prominently in the general debate, as evidenced by the recently released CBA Legal Futures report and the ongoing work of the Action Committee on Access to J
justice is figuring prominently in the general debate,
as evidenced by the recently released CBA Legal Futures report and the ongoing work of the Action Committee on
Access to Ju
Access to JusticeJustice.
Much of the research and writing on
access to justice issues in the last five years, including that of the Canadian Bar Association and Julie Macfarlane's National Self - Represented Litigants Project, has discussed unbundling
as a potential, albeit partial, remedy.
As the article states,
access to justice is the elephant in the room; there should be no shame in tackling the
issue head - on.
In relation
to Scottish Speculative Agreements it is clear again from Lord Gill's Review that there is a significant
issue relating
to Access to Justice; this is discussed on pages 98 and 99 and para 107 «
as far
as Access to Justice is concerned, speculative fee arrangements were said
to have been responsible for a reduction in the number of firms taking on personal injury litigation, resulting in less choice for consumers but a concentration of expertise in those firms dealing with such cases... Another respondent was of the view that speculative fee arrangements were being entered into where there was little risk».
As part of its mandate
to protect the public interest, the Nova Scotia Barristers» Society is engaged in
access to justice issues across Nova Scotia, through its Equity Program and enhanced consultation with other key players in the administration of
justice.
Last but certainly not least, with more than 1 in 4 respondents (26 %) having experienced a stress - related illness and more than 1 in 5 respondents (21 %) reporting the loss of employment or need
to relocate
as a result of their legal problem, Global Insights on
Access to Justice reinforces the role of justice issues on people's
Justice reinforces the role of
justice issues on people's
justice issues on people's lives.
Most recently, she was a legal intern at the Montana Supreme Court where she worked for
Justice Beth Baker on Access to Justice Commission projects, including the Public Forum Series on access to justice issues as well as drafting a Forum Report summarizing the findings of that series to use in future advocacy e
Justice Beth Baker on
Access to Justice Commission projects, including the Public Forum Series on access to justice issues as well as drafting a Forum Report summarizing the findings of that series to use in future advocacy ef
Access to Justice Commission projects, including the Public Forum Series on access to justice issues as well as drafting a Forum Report summarizing the findings of that series to use in future advocacy e
Justice Commission projects, including the Public Forum Series on
access to justice issues as well as drafting a Forum Report summarizing the findings of that series to use in future advocacy ef
access to justice issues as well as drafting a Forum Report summarizing the findings of that series to use in future advocacy e
justice issues as well
as drafting a Forum Report summarizing the findings of that series
to use in future advocacy efforts.
The Alberta «QB Amicus» program is an excellent example of the collaboration and innovation that is emerging
as a result of increased attention being paid
to access to justice issues for self - represented litigants.
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.
I suspect that the real heavy lifting in enhancing
access to justice is a matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil law
issues (something that actually already exists in certain areas such
as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference
to a Settlement Conference
to a Trial Management Conference, and possibly further, before you can get
to a family law trial), and so on.
These developments illustrate a fundamental
issue that most common law jurisdictions will need
to address
as they turn, increasingly,
to consensual dispute resolution («CDR») processes like mediation and JDR in an effort
to enhance
access to justice in an environment of fiscal restraint.
She will continue in her role
as minister responsible for francophone affairs, with her new position potentially providing greater scope
to explore
access for
justice issues for linguistic minorities.
Issues such
as diversity, attorney - client privilege, conflicts of interest, and
access to justice will also be examined,
as will joint professional development offerings.
«The choice of such a hot - button
issue, which will attract a great deal of attention but won't actually have I would think that much of an impact at the end of the day, risks being a distraction from the more important and pressing
access -
to -
justice challenges that we
as Ontario lawyers ought
to be concerned about,» says Adam Goldenberg, a lawyer with McCarthy Tétrault LLP.
Widely respected and well known for her outspokenness on
issues such
as access to justice, free speech, diversity and inclusive leadership, 73 - year - old McLachlin will be stepping down after 28 years on the Supreme Court, with 17 of those
as presiding judge.
This documentation is not always readily available for the kinds of
issues most commonly dealt with in
access to justice initiatives,
as written judgements are often not published for routine matters.
McLachlin, who was selected
as a «Top 25 Most Influential Lawyer» by Canadian Lawyer multiple times (most recently in 2015), is widely respected in the legal profession for her leadership on the court
as well
as her outspokenness on
issues such
as access to justice, free speech, diversity and inclusive leadership.
As Tapp puts it: «The market for legal aid is quite small and there are all sorts of
issues around
access to justice, so we are asking what else could we do with the skill sets that we have?»
At the recent Canadian Bar Association in Saskatoon Chief
Justice McLachlin reiterated her oft - noted position that access to justice is a major problem in Canada (as reported here, e.g.) The Supreme Court has in these sorts of public statements been a leader in these
Justice McLachlin reiterated her oft - noted position that
access to justice is a major problem in Canada (as reported here, e.g.) The Supreme Court has in these sorts of public statements been a leader in these
justice is a major problem in Canada (
as reported here, e.g.) The Supreme Court has in these sorts of public statements been a leader in these
issues.
But it is the critical
issues related
to access to justice that will ultimately, I expect, have the greatest impact on the legal marketplace,
as consumers relentlessly search for more affordable and more satisfactory alternatives.
As with legal communities across the country, lawyers and the judiciary in P.E.I. are grappling with
issues of
access to justice.
While many talk about
access to justice issues, Bauman shook up the legal community when he warned these problems could be «potentially fatal
to our profession
as we know it.»
Her goal is
to reform the entire legal system by helping
as many people
as possible
to understand their general rights, encouraging individuals
to be proactive about legal
issues, increasing
access to justice for low and middle income individuals, and providing education
to the community so that re-entering individuals can have seamless and successful returns
to the community.
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.
Read the Daytona Beach News - Journal article titled «Level playing field in civil
justice system» published December 1, 2014 «
Access to justice is often viewed
as an
issue relating solely
to indigent criminal defendants — the landmark case of Gideon v. Wainwright (1963) held that the Sixth Amendment's guarantee of legal counsel is a fundamental right essential... Read More
«There are a lot of stories that, through a journalistic lens, will help us understand
justice better,» says Lorne Sossin, dean of Osgoode Hall, who refers
to recent stories in daily newspapers such
as the Toronto Star and The Globe and Mail that have examined
issues of
access to justice and more.
As you can see —
access to justice issues get real messy real quick once we move from polemics
to particulars.
Hoping that his report will serve
as a «wake up call
to those interested in the administration of
justice», Iacobucci takes great pains
to illustrate the complexity of
access to justice issues in First Nations communities.
1) While litigation costs are often prohibitive and an obvious
issue in
access to justice, litigation often arises only
as a result of failure
to obtain (sufficient) legal advise in the first case.
In order
to give manageable form
to the
issue, the problem of limited
access to justice is often deconstructed and then approached again
as a problem of limited
access to legal services.
I don't think anyone has ever claimed that any kind of ODR will be a cure - all for
access to justice issues — I suspect even the CRT is held out
as an improvement, not a solution.
«Bob Munroe 2015-01-19 13:28 ABS is being proposed
as a solution for «
access to justice»
issues but there is no evidence
to support this.
In other words, the regulatory regime in Canada,
as in Australian and the UK, is that legal services have
to be provided by expensive service providers — and people wonder why
access to justice is an
issue?
This one hundred plus page document provides an interesting overview of the legal private practice
as we know it today, covering many
issues which are ongoing concerns for many in the legal profession: the impact of information technology, questions of
access to justice, the ever - growing global village and billable hours.
Moreover, the debate should not only be limited
to issues involving legal aid,
as so far it has been concentrated upon, but also
as to wider
issues incorporated by the term
access to justice.
Several years ago
Justice Osborne mentioned the «proliferation» of «hired gun» experts in the driving up costs in the Ontario personal injury system as one of many troublesome access to justice
Justice Osborne mentioned the «proliferation» of «hired gun» experts in the driving up costs in the Ontario personal injury system
as one of many troublesome
access to justice justice issues.
The ghostwriting
issue has been a lightning rod in recent years
as «
access to justice» advocates clashed...
Adding, «These
issues only serve
to remind us that the challenge of securing
access to justice can not be solved by locking coders in a room for 24 hours with pizza and energy drinks, try
as the courts and judiciary might.»
While the Statutory Accident Benefit regime may give a right
to an accident victim
to challenge the wrongful denial of a benefit, where the cost of pursuing such a remedy is prohibitive, this raises significant
issues as to access to justice that have yet
to be addressed.
Tampa, Fla. — Florida Chief
Justice Jorge Labarga
issued an administrative order re-establishing the Florida Commission on
Access to Civil
Justice as a permanent commission.
The keynote will be followed by workshop sessions on a wide variety of topics of interest
to criminal, juvenile, child welfare and mental health practitioners, including but not limited
to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how
to use social science research in your case, the new sentencing guidelines, restorative
justice, ensuring language
access, advanced
issues in Superior Court litigation, representing emerging adults, how
to contest preliminary drug test results, a practicum on mindfulness,
as well
as the latest from the immigration impact unit.
Instead of operating a less well funded legal aid style program, perhaps the profession could start addressing the structural
issues that are contributing
to the problem amorphously referred
to as «
access to justice» (which I am defining
as a person's inability
to obtain legal representation at a price they can afford) by: