Let me start by first acknowledging that the term "access to justice" is a political term and not a term of law. Equality on the other hand is a term of law. In using the term political to describe the term "access to justice" I am not speaking of political science. Political Science is a recognized course of study in the social sciences. The political nature of the term means that it will have differing meanings for differing groups in the legal market based on things such as history, race, gender, sexual orientation and especially socio-economic status.
Divisible into Two
Major Categories:
The term or goal of "access to justice" can be divided into two major categories. The first is what I will refer to as "economic access to justice". This category of "access to justice" concerns itself with the affordability of legal services to the public and for those who can not afford - affirmative intervention by the state to provide counsel.
The second category of "access to justice" is rooted in the fundamental principles of The Rule of Law and Judicial Independence. We could refer to this category as substantive "access to justice." It concerns itself with ensuring that all litigants in our courts have their grievances adjudicated fairly, impartially and dispassionately without regard to any irrelevant considerations including on the basis of the first category.
Critical Areas Calling
for Access to Justice:
Critical areas of inequitable access to justice among litigants in Ontario include the following: 1. adjudication of claims involving sexual assault against women; 2. adjudication of claims by African-Canadians involving racial discrimination, racial profiling and judicial and professional misconduct; 3. adjudication of claims of ineffective assistance of counsel by criminal defendants; 4. adjudication of claims against hospitals and medical doctors.
Commentary:
Policy-makers who are serious about seeking to cure the lamentable problem of inequality in what has come to be termed "access to justice" in our justice system need to recognize and accept that there are indeed two major categories of "access to justice." Focusing on one at the exclusion of the other is merely a "band-aid' solution and will serve to only aggravate the problem.
Divisible into Two
Major Categories:
The term or goal of "access to justice" can be divided into two major categories. The first is what I will refer to as "economic access to justice". This category of "access to justice" concerns itself with the affordability of legal services to the public and for those who can not afford - affirmative intervention by the state to provide counsel.
The second category of "access to justice" is rooted in the fundamental principles of The Rule of Law and Judicial Independence. We could refer to this category as substantive "access to justice." It concerns itself with ensuring that all litigants in our courts have their grievances adjudicated fairly, impartially and dispassionately without regard to any irrelevant considerations including on the basis of the first category.
Critical Areas Calling
for Access to Justice:
Critical areas of inequitable access to justice among litigants in Ontario include the following: 1. adjudication of claims involving sexual assault against women; 2. adjudication of claims by African-Canadians involving racial discrimination, racial profiling and judicial and professional misconduct; 3. adjudication of claims of ineffective assistance of counsel by criminal defendants; 4. adjudication of claims against hospitals and medical doctors.
Commentary:
Policy-makers who are serious about seeking to cure the lamentable problem of inequality in what has come to be termed "access to justice" in our justice system need to recognize and accept that there are indeed two major categories of "access to justice." Focusing on one at the exclusion of the other is merely a "band-aid' solution and will serve to only aggravate the problem.
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