Enacted in 1993, the province's Social Service Tax Amendment Act imposed a 7-per-cent tax on the purchase price of legal services. While B.C. maintained that the purpose of the tax was to fund legal aid, the proceeds were lumped in with general revenue, making it difficult or impossible to ascertain how much of it actually ended up enhancing access to justice.
Sometimes, access to legal services can be vital in a fair justice system, the court said. However, it said that “a review of the constitutional text, the jurisprudence and the history of the concept does not support the respondent's contention that there is a broad general right to legal counsel as an aspect of, or precondition to, the rule of law.”
“The court says it is not its job to create or encourage systemic remedies,” said Bruce Ryder, a law professor at York University's Osgoode Hall Law School. “It leaves the task to governments – the very governments who have underfunded or cancelled legal aid programs.
http://www.theglobeandmail.com/servlet/story/RTGAM.20070525.wscoc0526/BNStory/National/?page=rss&id=RTGAM.20070525.wscoc0526
[Proofreader's note: this article was edited for spelling and typos on May 28, 2007]
Note: http://www.theglobeandm...
Poor Have No ( Blanket ) Right To Counsel
Posted on Sunday, May 27 at 13:54 by DiogenesContributed By
Article Rating
(0 votes)
Options
Stumble It!Comments
view comments in forum
Page 1 2
---
Dave Ruston
“ As previously mentioned, you can rest assured that these laws weren't implemented without considerable thought and, as indicated, not without a number of safeguards in place to ensure these wouldn't be applied in a 'frivolous' manner….”
It is that we have rested that the situations in law occur!
Authority, we are told comes from the people.
I suggest the inclusion of the word ‘vigilant’ between ‘the’ and ‘people’
---
"It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities."
—Sir Josiah Stamp
-Max Planck<br />
<br />
---
Expect little from life and get more from it.
is bought, by those who can afford it. And if you can't
afford it, don't expect justice - expect to get screwed!
---
"It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities."
—Sir Josiah Stamp
using the monies for something else and the court refuses to uphold that
intention. Is that the gist of this? If so, it comes back to the same thing;
unaccountable government. Government that does not serve the people it is
hired to serve, really shouldn't have a job? I think that we need an overhaul,
but we will have to begin with a law that protects the interest of the
everyman/woman from those who abuse their position. Employers generally
have more rights then employees from what I've seen in labour laws, with one
exception and that is government. No wonder the world is revolving around
the few, they've got it all figured out.
Perhaps it has to do with perception? If we saw ourselves as employers and
were not intimidated by our employees we might be capable of changing the
landscape to a more equal situation.
---
"aaaah and the whisper of thousands of tiny voices became a mighty deafening roar and they called it 'freedom'!"' Canadians Acting Humanely at home & everywhere
(it's an 'in' thing folks)
Good points and can be echoed on "If the NDP is to survive in B.C., a new leader must be found" a long with Peter Dimitrov's points.
I too have has thoughts similar to yoursw CWC and believe it otr not, folks, much of what i have offered here gos to Catherines points about Who's da Boss
---
"It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities."
—Sir Josiah Stamp
---
The preceding comment deals with mature subject matter, however immaturely presented. Viewer discretion is advised.
My mistake! However if the "need to sue" can't be done, the poor are left out. IE: A friend was going broke trying to make a living with a cube van. He had one final payment to make before getting ownership of the van. The leasing company took the van away one night with the explaination that they had someone else who would be leasing the van. The friend was able to see a lawyer who was adamant that the leasing company broke the lease agreement. However he required a fee to continue. My friend got aide from me because legal aid nor the lawyer would. The van was the only revenue this guy had to get started again.
---
Expect little from life and get more from it.
Isn't Legal Aid the starting point for many criminal lawyers? What if they also had torte lawyers working for the joy of the experience? Corporations like that rental company wouldn't allow it though.
---
The preceding comment deals with mature subject matter, however immaturely presented. Viewer discretion is advised.
forbids the rich as well as the poor
to sleep under bridges, to beg in the streets,
and to steal bread."
Antole France
That is true - but that doesn't mean it shouldn't!
---
If there was ever a time for Canadians to become pushy - now is the time - for time is running out on this nation called Canada.
---
"When you change the way you look at things, the things you look at change."
-Max Planck