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ACCESS TO JUSTICE - REPORT OF THE CONFERENCE ON LEGAL AID, 1975 - CANADA

NCJ Number
52718
Author(s)
ANON
Date Published
1976
Length
192 pages
Annotation
MAJOR PAPERS AND ADDRESSES PRESENTED AT THE CONFERENCE CONSIDER THE HISTORY AND FUTURE OF LEGAL AID IN CANADA, LEGAL SERVICES FROM THE CLIENT PERSPECTIVE, AND SOCIAL AND SOCIAL/LEGAL SERVICES REFORM.
Abstract
THE SECOND NATIONAL LEGAL AID CONFERENCE WAS HELD IN VICTORIA, B.C., JUNE 11 TO 13, 1975, SPONSORED BY THE CANADIAN COUNCIL ON SOCIAL DEVELOPMENT, AND SUPPORTED BY THE FEDERAL DEPARTMENTS OF JUSTICE AND THE SECRETARY OF STATE, THE ATTORNEY-GENERAL'S DEPARTMENT OF BRITISH COLUMBIA, THE JUSTICE DEVELOPMENT COMMISSION OF BRITISH COLUMBIA, AND THE FACULTY OF LAW OF THE UNIVERSITY OF VICTORIA. THE SIZE AND STRENGTH OF THE LEGAL AID MOVEMENT IN CANADA WAS INDICATED IN ONE PAPER BY THE FINANCIAL INVESTMENT INVOLVED. EXPENDITURES FOR LEGAL AID AT THE PROVINCIAL LEVEL WERE ESTIMATED AT $46 MILLION FOR THE 1974-75 FISCAL YEAR AND PROJECTED TO RISE TO AN EXCESS OF $100 MILLION BY 1978-79. THE LEGAL AID PROGRAM IN EACH OF THE PROVINCES IS DESCRIBED, AND MAJOR PROBLEMS AND ISSUES WHICH REQUIRE ATTENTION ARE INDICATED. IN A SECOND PAPER, DISCUSSING LEGAL AID FROM THE CLIENT'S PERSPECTIVE, IT IS NOTED THAT THE MAJOR THRUSTS OF TRADITIONAL LEGAL PRACTICE, THE SOLUTION OF LEGAL PROBLEMS AND THE ATTORNEY-CLIENT RELATIONSHIP, ARE EITHER NOT RELEVANT TO THE POOR OR ARE HARMFUL TO THEM. IT IS INDICATED THAT LAWYERS REPRESENTING THE POOR MUST EITHER SEEK TO STRENGTHEN EXISTING ORGANIZATIONS OF THE POOR OR HELP THEM TO ESTABLISH ORGANIZATIONS TO GIVE THEM A POWER BASE. A THIRD PAPER NOTED THAT THE MIDDLE CLASS, UNABLE TO QUALIFY FOR LEGAL AID BUT OFTEN UNABLE TO PURCHASE LEGAL SERVICES, IS BECOMING THE NEW DISADVANTAGED CLASS IN TERMS OF ACCESS TO JUSTICE. IT IS SUGGESTED THAT ONE OF THE LEGAL PROFESSION'S MOST PRESSING TASKS IN THE FUTURE WILL BE TO SERVE MIDDLEINCOME CITIZENS MORE EFFECTIVELY. IN DISCUSSING LEGAL SERVICES AND SOCIAL REFORM, A FOURTH PAPER ADVISES THAT LEGAL AID OFTEN IGNORES THE INABILITY OF LEGAL ASSISTANCE WITHIN THE EXISTING LEGAL FRAMEWORK TO CHANGE EXISTING SOCIAL, ECONOMIC, AND POLITICAL RELATIONSHIPS THAT PERPETUATE POVERTY. AN ADVOCACY ROLE FOR LEGAL AID LAWYERS IS SUGGESTED WHEREBY REFORM IN THE LAW CAN BRING ABOUT CHANGE IN THE CONDITIONS THAT TEND TO PERPETUATE POVERTY. WORKSHOP PAPERS ON A VARIETY OF ISSUES RELATED TO LEGAL AID SERVICES ARE ALSO INCLUDED. ALSO BOUND IN THIS VOLUME IS THE FRENCH EDITION OF THE PROCEEDINGS. (RCB)

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