Squealer alert #2

It's amazing how when anything is mentioned about lawyers that those speaking about them or writing about access to them just pussy foot around this issue.

Take this article Chief justice warns of "epidemic'' of self representation in courts in the National Post that quotes Chief Justice Beverley McLachlin as trying to find an explanation of why Canadians are representing themselves in court.

What she has failed to say because she doesn't want to let the cat out of the bag is that Canada - more likely Ontario - is failing to administer justice or live up to its Charter obligations because if there is 40% of Canadians that represent themselves legally in a court of law, then it's about 45% percent who have no representation at all - including themselves - thus rendering the guaranteed right of equal protection and equal benefit under the law a cruel joke.

Here's an excerpt of what Chief Justice McLachlin had to say:

"Does the typical law firm's fee structure have anything to do with this?" she asked. "Can more creative ways be found to bill clients proportionate to the complexity and the value of the proceedings?"

Are lawyers fees a deterrent to getting access to legal services? YES

She elaborated at a news conference, cautioning that she is not calling on lawyers to change their billing methods, but simply pointing out that it is a prospect they may want to review.

Can you get any more wishy-washy than this?

"I think it's for the bar to answer than question," she said. "It would be presumptuous of me to say law firms should do this or that or the other thing but I raised it as a question for the bar to ask themselves."

Well, let me be presumptuous then. There is no access to justice or guaranteed rights for certain individuals in Canada. The legal community has thumbed their noses at the Constitution Act, 1982 and the Charter.

Check out how the Ministry of the Attorney General of Ontario champions access rights on their website.

Legal Aid Ontario (LAO), an independent agency funded largely by the Province of Ontario, is responsible for the delivery of high quality legal aid services to low-income individuals throughout Ontario.

This is one of the most ridiculous things I've ever read. The first was on the Federal Minister of Justice's website stating that the Convention on the Elimination of Discrimination Against Women (C.E.D.A.W.) was not legally binding only morally. It's also an indication of how out of touch the Ministry of the Attorney General of Ontario is out of touch because it doesn't fit with the reality of what is happening in Ontario.

"Legal aid certificates are issued to eligible individuals, who can then retain a private lawyer of their choice. "

Of our choice? This is the most ridiculous thing that may have ever been written. What choice is there if the choice to choose from is 0?

If there is an epidemic for persons representing themselves - then it's beyond outrageous epidemic proportions for individuals not able to represent themselves nor have someone represent them.

A Scenario to Consider

What if we lived in a culture where, if a person has cancer, nothing is done about it? Or any other disease? What if we lived in a country that only offers limited services for those not able to afford a doctor? What would you do if you have cancer and called a clinic looking for medical services that provides for clients that can't give $3000 up front to private surgeons prior to surgery because the government told you that clinic covers cancer services?

When you call you find out that the clinic only serves indigent persons with hemorrhoids, reflux disease or athletes foot because only those diseases affect the poor.

You've been sent a document in mail that came from the government. That document told you as a Canadian your guaranteed medical services for cancer even if your poor, but you find out the hard way - by calling all the clinics and private doctors but they tell you they don't serve persons with cancer unless you have $3000 up front.

The private doctors to tell you to go to Wal-Mart to get the latest do-it-yourself surgery kit so you can operate on yourself but you find out it will take you 6 months to read the manual and you only have one month to live.

If the private doctors don't tell you to go to Wal-Mart, they tell you they are too busy to take you on as a patient so why don't you try the bigger medical firms in Toronto? Sometimes they tell you to go to the government subsidized medical clinics but when you tell them they only serves persons with athletes foot, they tell you contact another that you know only serve persons with ingrown toenails.

You then find out that there are other people with cancer, which isn't strange in itself because people get cancer. It's how they got it that is alarming. It's because the cancer is contagious and it spread from phone calls made to the Society of Clinics - a self-governing body that tries to lobby the government to prevent the sale of do-it-yourself-cancer-surgery kits from Wal-Mart and any other books or services that may make it easier for people to perform self-surgery.

When faced with the daunting task of self-surgery you call the local M.P.P's office and they tell you to go to Wal-Mart or call the Society of Clinics after all, it's not brain surgery.