NCJ Number
17061
Date Published
Unknown
Length
215 pages
Annotation
REPORT ON AN INVESTIGATION INTO THE LOCAL LEGAL AID NEEDS IN QUEBEC, CANADA, INCLUDING AN ECONOMIC EVALUATION OF VARIOUS FORMULAS FOR PROVIDING COUNSEL FOR INDIGENT DEFENDANTS.
Abstract
THE DIFFERENT SYSTEMS SURVEYED INCLUDED THE DESIGNATED OR ASSIGNED LAWYER, THE LAWYER CHOSEN BY THE ACCUSED AND PAID BY THE STATE, THE PUBLIC DEFENDER, AND GOVERNMENTSUBSIDIZED PRIVATE LEGAL SOCIETIES. EXAMPLES OF THE OPERATION OF THESE FORMULAS IN THE UNITED STATES, EUROPE, AND CANADA ARE PRESENTED AND DISCUSSED. HIGHLIGHTED IS THE ONTARIO SYSTEM, A MODIFIED VERSION OF COURT-APPOINTED COUNSEL IN WHICH THE DEFENDANT CHOSES HIS OR HER OWN FROM A DESIGNATED GROUP. A PERMANENT PUBLIC DEFENDER SYSTEM IS RECOMMENDED AS MOST APPROPRIATE FOR PROVIDING INDIGENT LEGAL SERVICES IN QUEBEC, AND THE REASONS FOR THIS CHOICE ARE EXPLAINED AND THE CRITICISMS AND OBJECTIONS TO SUCH A SYSTEM ARE CONSIDERED. A DISCUSSION OF THE IMPLEMENTATION OF THIS SYSTEM IN QUEBEC ANALYZES THE CURRENT LEGAL AID SITUATION IN QUEBEC, THE PARAMETERS AND AVAILABILITY OF THE PROJECTED SYSTEM, AND THE NEED FOR EQUILIBRIUM BETWEEN ADMINISTRATIVE CONTROL AND FREEDOM OF ACTION. SPECIFIC RECOMMENDATIONS ARE OFFERED IN THE FOLLOWING AREAS: AVAILABILITY OF SERVICES, CHOICE OF DIRECTOR, SERVICE PERSONNEL, AND THE FUNCTIONS OF THE PERMANENT PUBLIC DEFENDER. FOR OTHER VOLUMES IN THE SERIES, SEE NCJ-16503, NCJ-15947, NCJ-15945 AND NCJ-15946.