[Download] "Access to Justice: Human Rights and Legal Aid (Human Rights Law)" by Linda McKay-Panos * eBook PDF Kindle ePub Free
eBook details
- Title: Access to Justice: Human Rights and Legal Aid (Human Rights Law)
- Author : Linda McKay-Panos
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Legal Aid is defined as a system which provides individuals with access to the legal system (and more specifically to legal representation) who otherwise might not have had the means to do so (Department of Justice Canada. Legal Aid: www.justice. gc.ca/eng/pi/pb-dgp/arr-ente/lap-paj. html). Because Canadians see a great deal of American television, we often are misinformed about the right to legal counsel in Canada. Under the Canadian Charter of Rights and Freedoms (Charter), s. 10(b), everyone who is detained or arrested has the right "to retain and instruct counsel without delay and to be informed of that right". There is nothing in the Charter with regard to being entitled to paid representation nor is there mention of legal representation in civil matters. Some legislation and legal decisions indicate situations where the government must provide Canadians with legal counsel. Most of these involve criminal matters. For example, the Youth Criminal Justice Act (section 25(4)) provides that a judge can order legal representation for a young person in a criminal matter. In addition, Criminal Code sections 684 and 694.1 state that judges at the Court of Appeal or the Supreme Court of Canada can assign state-funded lawyers to an accused if the judge determines that legal representation is desirable in the interests of justice, and if the accused demonstrates that he or she is unable to afford the costs of private counsel.