The legal principle of equality of arms forms part of the right to a fair trial and this lies at the heart of the statutory provisions that have been introduced to ensure that one party is not unfairly disadvantaged due to lack of funding.
The international
legal principles of equality and non-discrimination require that Indigenous culture be protected.
Not exact matches
«Despite proclaiming that the legalisation
of same - sex civil marriage is driven by the
principle of equality, the government's forthcoming legislation will retain the inequality
of the current
legal ban on heterosexual civil partnerships,» Tatchell said.
With each and every growing controversy, we have seen that the government's changes to the criminal justice system have been rooted in the panacea
of cutting costs, with little regard to preserving the integrity and the fundamental
principles of equality before the law and access to justice that sit at the heart
of our
legal system.
«With each and every growing controversy, we have seen that the government's changes to the criminal justice system have been rooted in the panacea
of cutting costs, with little regard to preserving the integrity and the fundamental
principles of equality before the law and access to justice that sit at the heart
of our
legal system,» he said.
«Admired for his unassailable integrity, keen intellect and extensive experience handling some
of the most pressing
legal matters
of our time, Judge Wilson is committed to the
principles of justice and
equality that are the very foundation
of New York's judicial system.
The Law Society has an obligation to promote human rights in the
legal profession and licensees are already bound by human rights
equality, diversity and inclusion
principles under their respective professional rules
of conduct and the Code.»
Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous)
legal and ethical obligations and which are consistent with constitutional requirements and
principles (as I've noted above, if the current requirement around a Statement
of Principle merely required acknowledgement
of our actual existing obligations under the Rules, rather than a general duty to promote
equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).
The sharing
principle was established in the judgment
of White v White, when Lord Nicholls stated that tentative views must be checked «against the yardstick
of equality», but cautioned that introducing a 50 - 50 division
of assets as a starting point would be «impermissible judicial gloss»; introducing a
legal provision was a «matter for parliament».
The duty to make
legal services adequately available should be given constitutional status based upon a Canadian Charter
of Rights and Freedoms s. 15 «
equality rights» argument that recognizes, «
legal services at reasonable cost» as a constitutional right, based upon the
principle that being middle class, or
of «middle income,» and unable to obtain
legal services at reasonable cost, is a state
of one's condition that is «immutable, or changeable only at unacceptable cost to personal identity,» and to one's ability to invoke constitutional rights and freedoms, and the rule
of law.
Many
legal and philosophical scholars have attempted to provide substantive content to the concept
of equality by identifying several
principles that
equality aims to protect.
It requires, as well, measures to ensure adherence to the
principles of supremacy
of law,
equality before the law, accountability to the law, fairness in the application
of the law, separation
of powers, participation in decision - making,
legal certainty, avoidance
of arbitrariness and procedural and
legal transparency.»
Committed to the
principles of equality and fairness, she is raising the bar within the business world and the
legal profession through consistent and vocal advocacy for increased diversity in America's boardrooms and improved opportunities for women in law.
To return to the Statement
of Principles controversy, there seems to be broad consensus that the
equality, diversity and inclusion ought to be advanced by the
legal professions.
I've objected to the statement
of principle on the basis that there is no
legal authority for the existence
of an obligation to promote
equality, diversity and inclusion generally (and, despite repeated requests, have not received any particularly compelling authority to the contrary from the LSUC) and that if the LSUC wants to impose such an obligation they should amend the Rules to do so.
Not content with statements
of principle in support
of diversity — or even ethics rules, such as the hotly - contested - and - likely - unconstitutional ABA Model Rule 8.4 (g)-- Canada's largest
legal regulator has adopted a rule requiring that each
of its members «create and abide by an individual Statement
of Principles that acknowledges your obligation to promote
equality, diversity and inclusion generally, and in your behaviour towards colleagues, employees, clients and the public.»
Earlier this fall, Ontario's
legal regulator, the Law Society
of Upper Canada, notified its members — everyone permitted to practise law in Ontario — that they would be required «to create and abide by an individual Statement
of Principles that acknowledges your obligation to promote
equality, diversity, and inclusion generally.»
LEAF also undertakes
legal action by intervening at the Canadian appellate courts on significant cases that will establish important
principles of equality for women.
Justice, fairness, and
equality are the bedrock
principles of our nation and cornerstones
of our democracy, and it is the responsibility and privilege
of legal professionals to ensure that these
principles apply equally to every individual.
Further, Professor Rosemary Cairns Way suggests that the Supreme Court's exhortation that courts administer the law in conformity with the constitutional
principle of equality «is required in every
legal context,» including what is understood as professionally responsible conduct.
The language
of «
principles» as opposed to «policy» or «practice» clearly suggests belief rather than conduct, and the upcoming educational (CPD) requirements, on
equality, diversity and «inclusion» (the latter being a term that is undefined in the case law but which has variously been defined by the Working Group (in the report) as «making a better space for everyone» and (on the definitions website) with reference to RBC's corporate policy — which we can celebrate as the first time that a corporation's
principles have been incorporated by reference into
legal requirements!