Tagged with: Charter Constitution equality fundamental
justice Justiciable principles of fundamental justice Right to housing section 15 section 7s
Not exact matches
To quote from the 2013 UK Legal Services Research Centre «Civil
Justice in England and Wales» report, the definition of «
justiciable problem» that they use is:
Should access to
justice strategies be designed to challenge barriers that prevent individuals from participating in current dispute resolution mechanisms and to create real opportunities for those individuals (as well others) to seek resolution to a
justiciable problem?
A seminal study from Great Britain (Genn, Paths to
Justice, 1999), found that 90 % of individuals with a
justiciable issue sought some form of advice at some time.
In the United Kingdom, academics Hazel Genn and others have used research about
justiciable problems to reorient how access to
justice policy is developed, making it more focused the paths to
justice available to users for resolving their problems.
At the CFCJ, Ab Currie will develop further this pioneering work on
justiciable problems and its insights for access to
justice in Canada.
Justice Groberman cited the Supreme Court of Canada's decision in Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation v Canadian Pacific Ltd., [1996] 2 SCR 495 where it was held Canadian courts have jurisdiction to grant injunctions in cases where there is a
justiciable right, even if the court is not, itself, the forum where the right will be determined.
The vast majority of
justiciable issues are resolved without involving the formal
justice system (Action Committee at 11; Equal Justice at 3
justice system (Action Committee at 11; Equal
Justice at 3
Justice at 32, 34).
Research indicates, however, that most
justiciable problems never reach the courtroom (Andrew Pilliar, «Law and the Business of
Justice: Access to
Justice and the Profession / Business Divide» (2014) 11 Journal of Law & Equality 5 at 10).
The Australian study is also important because it reminds us of a similar study done here for the federal Department of
Justice and released in 2009: The Legal Problems of Everyday Life — The Nature, Extent and Consequences of
Justiciable Problems Experienced by Canadians, by A. Currie.
On the contrary, after the Supreme Court ruled in favour of Guerin and held that the fiduciary obligation of the Crown to a First Nation was a real and
justiciable obligation and not, as the Crown would have had it, «a mere political trust, a senior
Justice official was heard to say of the Court's decision, «They have their view of the law and we have our view of the law.»