access to justice

March 22, 2015

Public Interest in Litigation

I have already mentioned the lawsuit by Aniz Alani, who is trying to have the courts declare that the Prime Minister must advise the Governor General to appoint Senators, which the Prime Minster is refusing to do. The government has filed a motion to strike his application, which will be heard about a month from Continue reading

The Justice System

access to justice, public interest litigation, transparency
October 27, 2014

Unintended Consequences?

When I commented on the oral arguments in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the B.C. hearing fees case, I argued that although there was a good deal of support among the various parties and interveners for the proposition that it was section 96 of the Constitution Act, 1867, Continue reading

Constitutional law, The Justice System

access to justice, arbitration, choice of forum, hearing fees, Rule of Law, state action, unintended consequences
October 2, 2014

Neither Here Nor There

I have summarized the Supreme Court’s decision in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the B.C. hearing fees case, here. Over a furious dissent by Justice Rothstein, the Court held that while provinces can impose some hearing fees, the fees cannot constitutionally result in “undue hardship” on litigants, preventing them Continue reading

Constitutional law, The Justice System

access to justice, democracy, hearing fees, political ignorance, Rule of Law, underlying principles
October 2, 2014

For Sale, at the Right Price

This morning, the Supreme Court of Canada has released its judgment in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the B.C. hearing fees case. A five-judge majority led by the Chief Justice holds that although a province can, in principle, impose some form of fees for access to courts, Continue reading

Constitutional law, The Justice System

access to justice, hearing fees, inherent jurisdiction, Rule of Law, underlying principles
August 26, 2014

Shifting the Culture of Rationing

As Justice Karakatsanis observed in the opening paragraph of her reasons (for the unanimous Supreme Court) in Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87 “[t]rials have become increasingly expensive and protracted.” For the Supreme Court, the length and expense of trials is an access to justice problem. But (at least some) provincial governments, notably that Continue reading

The Justice System

access to justice, courts, hearing fees, judges, self-represented litigants
April 22, 2014

Access to Justice and Political Ignorance

I will do one last post ― for now, that is, until the Supreme Court’s judgment comes out ― prompted by the British Columbia “hearing fees” case I have been blogging about. In this post, I want to step back a little, and offer some thoughts on the bigger picture of which the “hearing fees” Continue reading

The Justice System

access to justice, courts, hearing fees, legal profession, political ignorance
April 21, 2014

A Puff of Smoke

I argued last week that the Supreme Court should find British Columbia’s “hearing fees,” which litigants must pay to bring a case in front of a judge, unconstitutional as a violation of the principle of the Rule of Law. But what about the Supreme Court’s decision in British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC Continue reading

Constitutional law, The Justice System

access to justice, courts, hearing fees, Rule of Law, underlying principles
April 16, 2014

Which Way to Court?

I wrote yesterday about the oral argument which the Supreme Court heard on Monday in the case now known as Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), formerly Villardell v. Dunham. At issue is the constitutionality of the “hearing fees” which British Columbia requires a litigant setting a civil case down for Continue reading

Constitutional law, The Justice System

access to justice, courts, hearing fees, Rule of Law, underlying principles
April 15, 2014

Who Pays for Justice?

Yesterday, the Supreme Court heard the oral arguments in the B.C. hearing fees case, now known as Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), a case I have much blogged about as it made its way through the B.C. courts (where it was known Villardell v. Dunham, both on trial and Continue reading

Constitutional law, The Justice System

access to justice, Charter, courts, hearing fees, Rule of Law, underlying principles
September 23, 2013

A Chance for Justice

I have written a good deal about access to justice and the related issue of self-represented litigants. These problems are very difficult; I doubt that any quick solutions can be found for them, and it doesn’t help that, as I wrote here, the complexities that must be dealt with are often forgotten. These problems are Continue reading

History, The Justice System

access to justice, Bentham, courts, lawyers