Excessive costs cheapen justice
TheStar.com – comment/editorial – Excessive costs cheapen justice
November 24, 2007
Canadians want a fair and accessible justice system, giving equal opportunity to all. What they have, instead, is a legal realm readily available only to corporations, the rich and the very poorest of society.
Justice open to everyone is a defining principle of democracy but this country falls short of that ideal, putting Canadian values at risk.
When middle class people, ineligible for government-funded legal aid, assert their right to seek justice it often means a taking second mortgage on a home, losing their retirement savings, and the very real threat of bankruptcy. Few people have readily available the $60,700 needed to pay for an average three-day civil trial. And many court actions last far longer than that.
Discouraged by the unbearable expense of the system, some people give up on justice. Others try to navigate this potentially treacherous terrain on their own, without a lawyer, often with disastrous results.
Even legal aid, meant to give the poor a route to justice, has become so limited that a single person earning just $16,000 a year, after taxes, is considered too affluent to qualify. Such people are supposed to hire their own lawyer, like the rich do. Those who can afford it secure the best legal brains they can muster, and corporations are even allowed to write off court costs as a business expense in calculating their taxes. Their access to justice is subsidized by ordinary taxpayers – people who have no right to claim legal costs as a tax deduction.
For much of this year, the Star has attacked barriers blocking the way to justice in this country and, in news stories and editorials, has pressed for fundamental change. A breakthrough was achieved this week when former associate chief justice Coulter Osborne outlined a set of much-needed reforms in a report to Ontario’s attorney general.
In an effort to have more cases heard in small claims court, where the pace is relatively fast and legal costs low, Osborne urged the province to allow claims worth up to $25,000 in such courts – up from a $10,000 ceiling in force today. He also proposed help for people arguing their own cases, including provision of easy to read, step-by-step guides to assist these “unrepresented litigants” in finding their way.
Other worthwhile recommendations include shortening trials by giving judges the power to impose strict time limits on courtroom arguments; requiring lawyers to give their clients a “litigation budget” before starting a case; and restricting the scope of lengthy and often ruinously expensive pre-trial “examinations for discovery.”
Attorney General Chris Bentley has promised to assess the nature and needs of unrepresented litigants and vowed to pay close attention to the rest of the report. That is a good start. But more change is needed before Canada’s justice system becomes truly accessible.
Ottawa has a role to play, too. One way to ease the onerous cost of justice is to remove the federal government’s goods and services tax from legal bills, resulting in a 5 per cent saving. Such a move would save litigants millions of dollars a year. Recognizing their fees are beyond the reach of a great many Canadians, law firms should do more free-of-charge, or “pro bono,” work. Expanded emphasis on such service could be used to give younger lawyers in a firm valuable experience in advocating before a judge.
In addition, a study should be undertaken to assess the impact of making legal bills tax deductible for all Canadians, not just corporations. Such deductions would be of huge benefit to the middle class.
Canadians trust that when they are wronged, they are entitled to their day in court. But that day loses all meaning when it comes at the cost of bankruptcy. The justice system must reconnect to the people it has abandoned. No country can provide equality for all when its legal system is priced beyond the reach of most citizens.
This entry was posted on Saturday, November 24th, 2007 at 12:23 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.
202 Responses to “Excessive costs cheapen justice”
Leave a Reply
Recent Comments
Wow, amazing blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is great, as well as the content!
This overview was really informative, covering both the basics and the nuances without losing clarity so I have already shared it with several people I know.
This article was surprisingly detailed, making a complicated subject feel approachable and engaging. A well-deserved bookmark; I will be referring back to this more than once.
I do not even know how I ended up here, but I thought this post was good. I do not know who you are but certainly you are going to a famous blogger if you are not already 😉 Cheers!
Genuinely impressed by the quality here, the research is solid, the writing is engaging, and the structure makes it easy to return to specific sections whenever needed.
Really glad I stumbled across this article because it gave me a completely fresh perspective on a topic I thought I understood, highly recommend it to anyone with an interest.
I do not even know how I ended up here, but I thought this post was good. I do not know who you are but certainly you are going to a famous blogger if you are not already 😉 Cheers!
Nice Post. It’s really a very good article. I noticed all your important points. Thanks.
This is something that will need all of our combined efforts to address.
What a refreshing take on this topic, the author brings a unique perspective that made me think differently about things I thought I already understood quite well.
I just couldnt leave your website before saying that I really enjoyed the useful information you offer to your visitors… Will be back often to check up on new stuff you post!
Genuinely impressed by the quality here, the research is solid, the writing is engaging, and the structure makes it easy to return to specific sections whenever needed.
I do believe your audience could very well want a good deal more stories like this carry on the excellent hard work.
Excellent article!! I am an avid reader of your website:D keep on posting that good content. and I’ll be a regular visitor for a very long time!!
We’re developing some community services to respond to this, and your blog is helpful.
We are a group of volunteers and starting a new initiative in our community. Your blog provided us with valuable information to work on|.You have done a marvellous job!
Howdy I wanted to write a new remark on this page for you to be able to tell you just how much i actually Enjoyed reading this read. I have to run off to work but want to leave ya a simple comment. I saved you So will be returning following work in order to go through more of yer quality posts. Keep up the good work.
Our community leaders need to read this, and look at developing some of your recommendations.
Great blog here! Also your site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol
Great blog here! Also your site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol