CBA Releases Research Report on Legal Aid
The Canadian Bar Association recently released the report Moving Forward on Legal Aid: Research on Needs and Innovative Approaches [pdf, 125 pages]. From the CBA:
As part of its renewed approach to advancing access to justice, the CBA has released a 125-page research report, Moving Forward on Legal Aid: Research on Needs and Innovative Approaches. Prepared for the CBA by Melina Buckley, LL.B., Ph.D., the report considers the current state of legal aid policy development, both in Canada and internationally, as well as innovative approaches to delivering access to justice.
You may read a longer summary and download a copy from the CBA’s Legal Aid in Canada page. From the Executive Summary:
Publicly-funded legal aid programs started in Canada almost 40 years ago. Their purpose was to provide the poorest residents with access to a lawyer and the justice system. It was generally recognized that Canada could not claim to be a fair and just society if some of its members were denied an opportunity to seek justice.
Early ideals have, however, given way to ever tightening budget realities. Legal aid programs do not enjoy the same public profile as government-run health care or education programs. As a result, shrinking government support for legal aid has been largely a “silent crisis.” The people most deeply affected by the shrinkage in legal aid services are low-income and disadvantaged people who have no political clout. And only those within the justice system are seeing the negative effects of the growing number of unrepresented litigants in civil and criminal courts.
And from recommendations outlined in the Executive Summary:
The CBA has a five-point platform on legal aid reform:
- Legal aid should be recognized as an essential public service, like health care.
- Public funding should be confirmed as necessary to ensure access to justice for low-income people.
- Public funding for legal aid must be increased.
- National standards for criminal and civil legal aid coverage and eligibility criteria are required.
- The federal government should revitalize its commitment to legal aid.
The question will be how to encourage an increase in federal government commitment for funding of legal aid at a time when many government cutbacks are taking place.
I haven’t read the report, but looking at the five point platform, it seems like the “innovative solution” is to get the government to throw money at this problem. I don’t see at all how this is innovative or why it needed a 125 page research report.
I wonder if this report recommends a priority that should be cut back in order to free up the funds that will be used for legal aid.
I haven’t completely read it, but the actual recommendations are more complex than that. However, as per the bottom line in my post above, I tend to agree.