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Access to Justice
BACKGROUND
"Access to justice" is not so much a legal doctrine as a belated recognition (in a very few cases) that our legal systems are failing to be accessible to people. A more cynical view would be that the topic arises in cases whenever judges feel the need to justify even further limiting what access still exists as a means of 'conserving public resources'.
We can hope that there is a slim chance that this growing recognition may at least result eventually in some useful equity-like substantive doctrine - likely emanating from efforts of self-presenters (see Presentation) - but otherwise it will deteriorate to be the subject of further staged reductions of what 'access to justice' we still have. I fear that this latter is more likely, with - in Ontario - the R2.1 'frivolous/vexatious/abusive' rule provisions leading the way. These provisions, are largely used against litigants who sincerely believe they have unexamined rights but - for various reasons of impecuniosity, mental disability, anger, obsession and more - cannot advance them in the 'professional' manner that the courts - rightly or wrongly - insist upon. The net result is too often the failure of access to justice.
I do not blame active judges for this - as they are charged with specific and necessary-limited case-by-case duties which they are honour-bound to serve. If any blame lies anywhere (which I do not assume) it lies mostly on lawyers, who - collectively - are amongst the richest professionals in our society. In it's extended history 'access to justice' has only had a minor, even trivial, role in the expenditure of it's most valuable resource - not money, but time.
You can read my take on the current reality of this situation in: Democracy, Law and Duty
ACCESS TO JUSTICE DOCTRINE
Access to Justice Dicta - Doctrinal Basis
CONSTITUTIONAL BASIS (or not)
Access to Justice Dicta - Constitutional Basis
FINANCIAL INCENTIVES TO ADVANCE
Access to Justice Dicta - Financial Incentives to Advance
LIMITS OF THE COURTS
Access to Justice Dicta - Limits of the Courts
PRACTICAL BARRIERS
Access to Justice Dicta - Practical Barriers
'RIGHTS AND REMEDIES' DOCTRINE
Access to Justice Dicta - Rights and Remedies Doctrine
SAMPLES, INTERESTING
Access to Justice Dicta - Interesting Technique Samples
TAX
Access to Justice Dicta - Tax
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