In 1993, the Canadian Bar Association adopted a Legal Aid Action Plan which focused on two goals: an increase in federal and provincial funding of legal aid services, and the enactment of federal legislation on legal services. This paper provides a knowledge base from which solutions to the legal aid crisis in Canada can be developed.

The paper proposes that the CBA’s platform on legal aid include the following specific points:

• Legal aid is an essential public service, like medical care.
• The crucial role of public funding for legal services that provide access to justice for low-income persons must be affirmed.
• Funding for legal aid plans must be increased, and this increased funding should be linked to compliance with minimum national standards for legal aid services.
• Appropriate eligibility criteria for civil and criminal legal aid coverage applicable throughout the country should be developed.

The federal government should renew its commitment to legal aid by:

• increasing its financial contribution;
• taking a leadership role in negotiating national standards for legal aid;
• creating a national civil legal aid tariff;
• substituting cost-sharing agreements for federal transfer payments in order to hold provincial governments accountable for their spending on civil legal aid;
• undertaking extensive consultations on the legal aid needs of specific groups including women, native communities and persons with disabilities;
• allocating a new and stable fund of money for civil legal aid and making it the responsibility of the Department of Justice;
• promoting and funding pilot projects to foster innovation in legal aid delivery;
• assisting in the information-sharing and coordination of reform efforts among jurisdictions;
• developing and implementing a “legal aid impact statement” to proactively identify federal laws, procedures or policies that affect the demand for legal aid;
• undertaking ongoing research into strategies to implement law and procedures that encourage access to justice and an efficient, integrated justice system; and
• promoting national equity in the provision of legal aid.

The paper examines the commonalities among poor people, including marginalization, dependence, the multidimensional and systemic nature of legal problems and impediments to seeking legal redress. It goes on to identify some of the many differences among poor people which arise out of race, gender, disability. It argues that legal aid schemes should be attentive to both the commonalities and specific needs of marginalized groups. The paper goes on to provide a brief historical overview of coverage of these areas of legal needs under the Ontario Legal Aid Plan. It then describes the clinic system in detail with particular attention to community governance and the importance of local community boards.

An exhaustive analysis of the extent and quality of legal services available to low-income Canadians in each province and territory. The report points out that civil legal aid is underemphasized even though it is one of the most widely needed services, as most of the poor need help in civil law matters. They need more assistance as consumers because they are the main targets of consumer fraud, they also need help in terms of landlord disputes which are more common among low income people, and also, they may need legal assistance with regards to issues of discrimination, welfare matters, and unemployment benefits. There are also certain disadvantaged groups in society such as women, immigrants and refugees, aboriginals, the elderly and people with disabilities who desperately need such services due to the double burden they face as minorities/disabilities as well as their low income. Legal aid in this area could be used to validate the claims of such groups, and perhaps bring initiatives to strike down laws that do not respect the rights of such vulnerable groups. Also, it could help communities organize themselves into groups to defend rights and educate the poor about their legal rights, which is an important task in a democratic society.

The report concludes that the current system does not meet the needs of the poor and recommends sweeping changes.

This article describes how “culture” shapes what each of us knows, understands and values; culture shapes how we make sense of the world. The authors suggest that all lawyering is in fact cross-cultural, not only because lawyers and their clients frequently have different cultural backgrounds, but because “law” itself can be understood as a particular culture. Lawyers need to learn how to identify their own assumptions, and to develop the capacity to enter the cultural imagination of others if they are to form meaningful relationships with clients that are grounded in trust. The authors propose “five habits” that lawyers should attempt to develop, so that they learn to challenge their own cultural assumptions and to genuinely hear and respect others. The “habits” are also intended to assist in planning the presentation of a legal case, anticipating how decisionmakers will hear and understand (or misunderstand) a client’s situation.

Although this article was written with lawyers in mind, these assumptions of course are also of relevance to advocates and community workers who work with immigrant and refugee communities regarding access to justice issues.

This background piece was written while the anti-poverty law (Bill 112) was before the National Assembly in Quebec in 2002. It discusses the development of anti-poverty law in Quebec and encourages debate on fighting poverty as well as pointing out the importance of community solidarity and empowerment. It highlights the activities of successive Quebec governments from 1994 to 2002 in the war on poverty and particularly focuses on Bill 112, its development, goals and the environment surrounding its creation.

The Self-Represented Litigants Project of the Court Services division of the Nova Scotia Department of Justice surveyed judges, court staff and self-represented litigants (SRLs) to identify the greatest needs for courts and SRLs and to make recommendations to improve services and develop realistic programs for people representing themselves. The project team also observed 20 court hearings that involved the participation of one or more SRLs. The research confirmed that people representing themselves’ lack of knowledge puts them at a disadvantage in their proceedings, most commonly in relation to family, criminal and small claims matters. The inability to properly represent themselves stems from a lack of knowledge about the pre-filing preparations such as filling out forms, the rules of evidence, and how to present a case. A lack of awareness of where to obtain legal information and the inability to distinguish between legal information and legal advice is also a factor. The study made 20 recommendations for ways to improve the ability of self represented litigants to represent themselves effectively.