In most cases, there are things you can do to avoid court, including finding reliable information, noting up case law, understanding the general rules and exceptions, and knowing whether a law actually exists. If you are experiencing a legal issue, you might think court is the place to resolve … [Read more...]
Defending Your Workplace Rights in Alberta Can Be More Difficult Than It Should Be
The Workers' Resource Centre sees common scenarios where workers do not understand their rights and options, leaving them vulnerable to exploitation. For someone experiencing legal issues in the workplace for the first time, navigating the system for information and help can be a dauting task. … [Read more...]
Access to Justice During COVID-19 and the Jordan Case
How are delays in court processes due to COVID-19 considered when assessing the Jordan time limits for the right to be tried within a reasonable time? In March 2020, the World Health Organization (WHO) declared COVID-19 a pandemic. Since then, the pandemic has affected the functioning of many … [Read more...]
Celebrating 50 Years of Pro Bono in Alberta
Calgary Legal Guidance started in 1972 through the work of law students wanting to help people experiencing poverty and homelessness in the city. A half century ago, a group of law students decided to do something to help the many people experiencing poverty and homelessness in Calgary, Alberta. … [Read more...]
The Right of an Imprisoned Accused to Conduct Online Research
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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, … [Read more...]
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 … [Read more...]
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 … [Read more...]