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Canada's top judge says middle class hurt most by high legal fees

Saturday, August 11

  • By: James Stevenson
  • Organization: Canadian Press
CALGARY (CP) - Canada's middle class is being hurt the most by exorbitant legal costs that limit access to the judicial system, Chief Justice Beverley McLachlin said Saturday.

In a speech to the Canadian Bar Association's annual meeting in Calgary, McLachlin said high costs are contributing to an "increasingly acute" crisis that impedes some Canadians from pursuing justice and forces others to represent themselves without a lawyer.

She said that large, wealthy corporations able to pay handsomely for good legal advice "have access to very good justice." And the poor, when facing serious criminal charges, can obtain free legal aid.

"Middle-income Canadians, however, are often hard hit, left with the very difficult choice that if they really want to access justice they have to put a second mortgage on the home or use funds set aside for their child's education or for retirement.

"The price of justice should not be so dear."

The head of Canada's Supreme Court also said that lengthy delays in both civil and criminal law were diminishing the quality of justice.

McLachlin said long gaps between the laying of charges and the resulting trials cause unnecessary stress and diminish the accuracy of witnesses. Such delays also prevent people from moving on with their lives and businesses.

And the ever-lengthening time required for lawsuits and trials is a growing drain on all legal resources.

But Canada's top judge also said some jurisdictions are making big strides to revamp the Canadian justice system and that it's critical that ideas are shared across the country, even though justice is a provincial responsibility.

McLachlin cited a plan in British Columbia that allots time proportionally so that small lawsuits and charges don't eat up more time and resources than larger, more significant ones.

"What we need to do is find a way in the system to provide what is necessary for the particular dispute or particular issue in an economic and timely manner. And I think with some innovative thinking and ... an open mind, considerable progress can be made in this regard."

She said that lawyers, judges and elected officials, or "bar, bench and government," must work together to help Canada's justice system evolve.

The Canadian Bar Association, which represents more than 35,000 lawyers, judges and others in the legal profession, has also been championing the need to increase Canadians' access to justice.

At their Calgary convention, the association issued resolutions calling on the federal government to help reduce costs by eliminating GST charges on legal services and improving legal aid funding.

It is also seeking provincial changes to insurance coverage to make it easier for lawyers to do pro bono work.

Outgoing president Parker MacCarthy said it's important for the public to realize that both the legal profession and the judiciary are trying to respond to the public's need for greater access to justice.

He said what is needed is action from governments.

MacCarthy also said the increasing lack of lawyers, particularly in smaller towns, is a growing issue.

"If we look at the medical profession, they are the canary in the mineshaft in terms of the human resources being available," he said.

"Our law schools have not had a significant increase in the number of lawyers," he said.

Smaller centres as well as the three northern territories are facing "a huge problem" attracting and retaining lawyers.

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