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Law-Nov 30-lecture.docx

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Carleton University
LAWS 1000
Steve Tasson

Law – Lecture – November 30, 2012  Review o Moore(Prof says focus is this):  When we combine medical and legal knowledge there can be a clash or an overlap.  The shift away from a traditional model of court to something that resembles a therapy style  Moore suggest forcing therapy style in courtroom we end up with the worst of both worlds rather than the best  Psychologists begin to look more like judges – putting people into a potentially dangerous mashup by placing professionals and judges in roles that are not theirs.  “the image of the sword is particularly vital to the law” (PROF says important concept)  TODAY’S LECTURE  IMPORTANT: Gallanter and Mclachlin will be on the exam ensure understanding of this and refer to weekly readings) o Access of the courtroom  Limitations of access:  You must obtain “court standing” status to present your case. If you do not get this status by the court then despite what you feel is justified to use a courtroom for, then you cannot bring it forward (concept of Mathen on slides)  In order to be able to take something to court you must be directly affected by it. It has to be your rights that are breached to get standing and so this limits access, however there are some limits to this rule  You must have legal representation to present a case – if you can represent yourself due to the complexity of the system and the passive role of the judge it can be ineffective – you need good legal representation to move your case forward. (McLachlin J talks about this)  Courts time is freed by specialized courts and systems – divert out of regular court system certain cases (McLachlin is in favor of this)  Increasingly it is becoming that the middle class as well as poor is not able to access courts due to finances. – issue of complexity and costs (McLachlin J)  If you want to have a normal civil trial with minimal experts involved the cost is roughly 60,000 dollars per party however what you receive in compensation may be considerably higher than that amount.  important to see that accessibility issues are not only linked to financial standing and can also be linked to race and gender issues  Conservative Government argument to eliminate “court challenges fund” – attitude why would we pay for people to bring rights challenges against us? Problem: no stable funding source for legal aid (CCF – and Law Commission of Canada eliminated)  Canada Law Reform Commission (no longer but past) – rather than case by case outlook on a case by case basis, focus on long term solutions being addressed through current cases o REF:2006 Canadian Bar Assoc. “Canada’s Crisis in Access to Justice” o Legal Aid Models  resources for courts – “lifeblood”  Mathem suggest implementing stable long term resources despite the narrow nature of certain cases. Problematic is not stable source of government funding. (ad hoc approach  “promoting rights is collective project not a “battle between state and citizen”  problem of rights: victims should have access to legal resources – obtainable?  Legal aid restricts those who are not “so called poor enough” – McLachlin – middle class is increasingly unable to access resources and courts due to this  idea of repercussions – offenders can be less likely to take ownership for offences and as justice is slower and denied people begin to lose faith in the system.  Hunt – law can be a tool for progressive change  shift towards legal aid establishment in UK and US - RE: legal aid movement 1960  reliance on legal aid programs: creates perception that we have access to the law if we really need it  Models (EXAM MATERIAL) – See slides for key differences list and info  Judicare o like a certification – you obtain it from the legal aid program (concept is government pays the bill – fee for service certificate) o creates an ability to use the funding for private lawyers o concerned with you and your day in court – for you chose by you o Main assumption: poor have access to the same legal representation – that lawyers relate equally to the poor  Legal Services (public defender) o specific to part
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