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
April 19, 2016 By Troy Hunter
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
April 11, 2016 By Lorraine Snyder
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
June 30, 2015 By Sarah Burton
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
January 5, 2015 By Sarah Burton
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 […]
