Case Commented On: R v Biever, 2015 ABQB 301 The link between access to information and access to justice is not often discussed, but it is implicit in our legal process. Document production, questioning, and Crown disclosure are all premised on the notion that one needs access to relevant information in order to present one’s […]
Access to Justice: Potential Alternatives for Indigenous Peoples
About a year ago, there had been some publicity concerning Louie v. Louie BCCA, a court case where I acted as barrister and solicitor for an intervenor at the B.C. Court of Appeal. The case had involved a band member who sued his Chief and Council for a breach of fiduciary obligation. I was approached […]
Right to Counsel Includes Access to Counsel
Introduction The right to counsel upon arrest is a constitutionally protected right under section 10(b) of the Canadian Charter of Rights and Freedoms. On July 18, 2014, the Supreme Court of Canada clarified the importance of this right in the case of R v Taylor (Taylor). In this case, the police did not provide an […]
What Self–Represented Litigants (Actually) Want
What should we do about self-represented litigants (SRLs)? Amid a backdrop of skyrocketing legal fees, decreased public funding, and a resultant wave of self-representation, this question seems to be on every reformer’s mind. Countless reports, working groups, and studies have asked this question, and reached diverse and creative conclusions. However, these papers often share one […]
Access to Justice in a post-SWUAV Courtroom
In September 2012, the Supreme Court of Canada significantly changed the law on public interest standing. It did so under the banner of advancing access to justice. After being released, Canada (AG) v Downtown Eastside Sex Workers United Against Violence, 2012 SCC 45 [SWUAV] received praise for making Charter litigation reachable to vulnerable groups who […]
Persons with Disabilities and the Law – Resources for Research
Persons with disabilities come from all walks of life, age groups, cultures, and geographic areas of Canada. An estimated 3.8 million adult Canadians reported being limited in their daily activities due to a disability in 2012; this represents 13.7% of the adult population. [1] Persons with disabilities may face challenges and social barriers that prevent them […]
Long arm of U of A law looking to reach rural Alberta
At some point between birth and death, life calls for at least some legal services. But for rural Albertans, who, like their urban cousins grapple with everything from wills to business deals, vital access to a lawyer isn’t a given. That’s why the University of Alberta Faculty of Law is teamed up in an ongoing collaboration with […]
Juvenile Justice in Namibia: A country and system in transition
Namibia is located on the west side and in sub-Saharan Africa. It is the fourth largest country in Africa but, as of 2011, had a scant population of around 2.3 million inhabitants. It is a country of stark contrasts, perhaps largely due to the fact that Namibia is arid and has limited capacity to sustain […]
Bench Press 37-4: Interest in Access to Justice
Francis LeBlanc was injured in a traffic accident when he was 17. He was successful in recovering damages for his injuries, but he had to borrow money to finance his litigation. He claimed the borrowed money plus interest as disbursements. The Clerk of the Court rejected the interest on the loans, which amounted to over […]
