Scanned, recopied or Internet copy, if there are errors, please e-mail me with corrections: Opening comments: More at the end. Toronto Star - Mar. 6, 2007 - EDITORIAL Justice out of reach Justice for all is a defining principle of modern democracy. When conflict arises, we should all be entitled to our day in court. But that principle is being undermined across Canada by a justice system prone to outlandishly drawn out procedures and ruinous costs. As the Star's Tracey Tyler reported over the weekend, a three-day civil trial in Canada is now estimated to cost $60,738 – more than $2,000 beyond an average family's income for an entire year. And many cases, including child custody fights and property disputes, can drag on longer than that. While Canadians of modest means are supposed to be able to rely on Legal Aid, the system shuts out many poor people, even though it was set up to cover their court costs. A single person earning just $16,600 a year, after taxes, is deemed too rich to qualify for this program. So is someone making barely $13,000 and paying $487 a month in rent. They are supposed to hire their own lawyer. Meanwhile, middle-income Canadians risk bankruptcy going to court. As a result, justice is fast becoming accessible only to the rich. People unable to afford a lawyer are increasingly venturing into court without legal representation, sometimes with disastrous results. Others, intimidated by high costs, don't bother fighting for their rights. It is hard to see how a country can provide equal justice for all when its legal system is priced beyond the reach of most citizens. Some reforms have been proposed to ease the problem. One is to have an expanded network of well-staffed courthouse offices available to give people representing themselves tips, legal advice and research help. And more funding for Ontario's cash-starved Legal Aid system is in order. But the barriers in accessing justice warrant a comprehensive solution. The excessively high cost of going to court should prompt a review at all levels – in government, the judiciary and in the legal profession – to see what can be done to promote accessibility. Fundamental Canadian values are at risk, and so is public faith in the justice system. Home Page - Main Table of Contents - Back up a page - Back to Top [COMMENTS BY DON B. - ] |
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