ontario legal aid

Hope WLD can help bring attention to this problem of fair access. Here is a status report from our Ontario legal aid services:


Equality before the law is one of the defining tests of a true democracy. Rich or poor, boss or bellhop, the law of the land should apply to everyone alike. This idea may be a little frayed around the edges these days, but cynicism aside, it's still central to our understanding of how a contemporary society should operate. That's one of the reasons why a chorus of howls goes up when we think a celebrity has been given preferential treatment in court. But if this is a test of democracy, it turns out we're failing it. The recent Trebilcock report highlights some disturbing problems in the Ontario legal aid system.

While poverty is on the increase, legal aid is not. In fact, University of Toronto Faculty of Law professor Michael Trebilcock notes that the percentage of people who qualify for legal assistance is dropping, which means that large numbers of Ontarians are trying to navigate a complex legal system without lawyers. This might be good news for the "first, let's kill all the lawyers" contingent, but it's bad news for the rest of us. Without lawyers, it's difficult for people to either protect or pursue their legal rights. And if they can't enforce their legal rights, those rights are close to meaningless. This means that the idea of equality before the law is at serious risk, not to mention the credibility and integrity of the justice system.

Trebilcock puts this a little differently and cites a number of other concerns as well. He points to the role of access to justice in safeguarding equal freedom and dignity, distributive justice programs and economic prosperity. But the unavoidable conclusion is that legal aid is not merely a form of charity or social assistance – it's a fundamental condition of both a modern legal system and a liberal democracy. For individuals, the consequences can be more concrete. Without legal representation, they may be convicted of crimes they didn't commit or end up illegally evicted from their homes. If they can't properly defend themselves, they can lose their jobs, their incomes or even the custody of their children. And if they are people of colour, all this can be exacerbated by various kinds of discrimination. To paraphrase one commentator, the poor have access to justice in the same way that mice have access to cats.

While this picture may sound bleak, there are a number of bright spots. Trebilcock describes some significant achievements by Legal Aid Ontario over the last decade. And as recently as 2007, the Ontario Liberals stepped up with some badly needed funding for the legal aid pot. But the gaps remain formidable and Trebilcock warns against complacency. In particular, he highlights the fact that the working poor and the lower middle class no longer qualify for legal assistance under outdated eligibility criteria.

However, he also puts his finger on two innovative and valuable strategies that have implications for the future of legal aid: the idea of integrated services and the importance of research on dysfunctions in the justice system itself. The first has to do with the fact that legal problems tend to occur in clusters, and are often interlaced with other social and economic problems as well. Indeed, one problem can trigger others, resulting in a downward spiral in an individual's circumstances. Providing a spectrum of services, including legal, health, housing and counselling, can produce more effective and long-lasting solutions than legal services alone.

The second strategy has to do with the fact that the legal aid system often reflects the dysfunctions of the justice process itself. Building on an earlier report by John McCamus, Trebilcock notes that legal aid is an importance source of intelligence about how the civil and criminal justice systems are working. Tapping into this knowledge could help to make both legal aid and the justice process more cost-effective. Wise counsel, but many legal aid providers would go even further. They point out that the justice system in turn acts as an alarm bell for problematic social and economic policies. It functions as a collector for vulnerable people abandoned by our housing, health, labour market or education programs.

Cutbacks in affordable housing? The courts are full of homeless people charged with a variety of minor offences. Not enough resources for people with mental health problems? They are only too likely to end up in court as well. Stood up by an underfunded education system? The line for youth court begins on the left.

In other words, both legal aid and the courts are attempting to deal with the casualties and consequences of other social problems. As a result, it is essential to mine our knowledge in these areas as part of a broader initiative with respect to poverty, inequality and social justice. A timely thought as the current government contemplates the creation of a poverty reduction strategy. Trebilcock's eminently sane and thoughtful report is a crucial step forward. However, we also need to take a long, hard look not only at what happens in the justice system, but how people end up there in the first place.

Judith McCormack is the executive director of Downtown Legal Services, and an adjunct professor at the University of Toronto Faculty of Law.

And we face the same pressures in Chicago as well if it is any consolation.

[lavisa]

That god someone finally said something about this. I live in Sask and am being sued by someone in Manitoba. Legal aid in Sask wont help me. Manitoba said no we dont do civil litagation. I had to give up my job because of the post traumatic stress of 4 law suits now. I had to sell my house before I lost it with only three years equity in it. The person sueing me filed under an assumed name to file lawsuits against me. Then in the fourth law suit she admitted it was her sueing me by using correspondence she used as exhibits to her previous law suits. I was administrator of an estate and this person refused to help at all or their family. Then we had break ins an threats from lawyers and Threats of arrest stating I broke into the estate myself and stole things. This person illegally went into my home when it was for sale with her mother. Giving an assumed name. took pictures of items in my home at which I was in the midst of packing up to put my stuff in storage. This person filed with the court she saw multiple items that belonged to the estate and she was proven wrong by pictures taken of the estate by compairison. I know a lot of things this person did to me would not have taken place if I had a lawyer. None would be assigned for me and legal aide would not help me. This person even went on to file a statement to Child and family Services and without notice had the courts put an order to stay away from my grandchildren stating that I sexually expolited them. I was not invited to this court hearing and didnt know anything about it for three years when the presiding judge to the last court case filled in the blanks for me. I may have been placed on abuse list which no one will tell or not. I still cant afford a lawyer to go to court and fight this person for fraud by trickery, compacency and theft and stole my identity three times and I can prove that. I am having a hard time with police too. I filed charges last may and they still havent investigated them. I called again twice last week and the investigating officer doesnt call me back. This person keeps telling everyone that i am crasy, irresponsible. demonstrated furry, indecent, liar, cold hearted witch with no regard for my grandkchildren. All I ever wanted was my grandparents rights. This person had to think of something to keep me from seeing my grandkids. I have never been charged or attended court for anything ever. No child abuse or exploitation or anything. This person keeps telling me i need to be put in jail for the things i did, but I didnt do anything and She keeps saying their therapist agrees with her. I think those children have been influenced. I have never touched my grandchildren and how can those people make CFS believe such crap. I cant even defend myself, they give you sixty days to appeal and I wasnt told for three years. Now I am told get a lawyer. I am disabled and cant work and awaiting a pension from the govt and legal aid still wont help me. What else can i do. Despondant.