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Remarks of the Right Honourable Beverley McLachlin, Chief Justice of Canada
Supreme Court
of Canada
Cour Suprême
du Canada

Supreme Court of Canada

Remarks of the Right Honourable Beverley McLachlin, P.C.
Presented at the Empire Club of Canada
Toronto, March 8, 2007

The most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. Access to justice is therefore critical. Unfortunately, many Canadian men and women find themselves unable, mainly for financial reasons, to access the Canadian justice system.

The Challenges We Face

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 The Law Society of Upper Canada Professionalism Revisited 
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Remarks of the Right Honourable Beverly McLachlin, P.C. Chief Justice of Canada
Beverley M. McLachlin

Yet while we have an excellent justice system, increasing numbers of Canadians do not have aceess to it. The Canadian Judicial Council has undertaken a study on self-represented (or unrepresented, sorne would say) litigants. Although the Couneil has yet to reach definitive conclusions, there is no doubt that the reasons for the inability of so many Canadians to find adequate legal representation are numerous. Judges across the country report that the number of unrepresented litigants is rising. This has serious repercussions for the justice system, which is based on Iitigants being represented by lawyers. Even more serious are the repercussions for the public. More and more people are at risk of being denied access to the justice system of which we are so proud. How can we, as judges and lawyers, respond to this?

Remarks of the Right Honourable Beverley McLachlin at «PLUS».

 
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The City of Hawkesbury rejected all tenants in this building. Instead of resolving the issue, the lawyers increased substantially the losses of the owners to represent many times their initial investment.
This building of close to 35,000 sq. ft., purchased for $700,000 in 1990, was to bring to his owners more than $100,000 of net revenues from renting per year. Those revenues were representing the major part of the pension plan of a couple close to be retired. The City of Hawkesbury refused all tenant in the building, alleging insufficient parking, in spite of the recognition of the acquired rights to parking by their own employees and lawyers at the time the building was purchased. The City of Hawkesbury finally recognized his error in 1995. It is now resulting with the lawyers on this file since 1990 that the owners have not only lost their total initial investment in the building and all the revenues from renting, plus important renovation and maintenance costs, but also they had to spend many hundreds of thousands of dollars in lawyers fee in defending their rights and assets. At least 12 lawyers were successively on the file; more than half were required to withdraw by others lawyers and/or the Court since they were in conflict of interest. The scenario of this saga, which is going on for more than 14 years, will be shown on this web site.
 
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The Supreme Court of Canada confirm freedom of expression for every individual.
The nine judges of the Supreme Court of Canada are unanimous: " Consumers may share their concerns, worries or even anger with other consumers and try to warn them against the practices of a business. In this respect, simple means of expression such as posting signs or distributing pamphlets or leaflets or, these days, posting messages on the Internet are the optimum means of communication for discontented consumers. The media are still often beyond their reach because of the cost. 
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The Supreme Court of Canada is confirming that a citizen defending himself, without lawyer, in a Court case, is permetted to get help and advices by a person which is not a member of the Law Society.
The Supreme Court of Canada, by the jugment 2000 SCC 27152, dated November 2nd, 2000, is confirming that citizens have the rights to get help and advices in preparing the legals procedings by a person which is not a member of the Law Society as to represent himself, without a lawyer, in Court. 
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Law Society approves new conduct rule for contingency fees

Fees create greater access to legal services for more Ontarians

The Law Society of Upper Canada today approved a new conduct rule on contingency fees, making legal services in Ontario more accessible to more people. 
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La justice? Quelle justice?
Rien ne convient mieux que le livre de l'honorable juge Marc Brière pour définir et expliquer les comportements d'organismes, malheureusement trop souvent gouvernementaux, qui s'apparentent, mais de façon beaucoup plus subtil, aux agissements du crime organisé, par leurs représailles et leurs harcèlements maintes fois illégaux. 
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