Canada Top Judge Admits Charter Guarantee fraudulent Attorney General Negligent With Bar Association Back Having

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Canada's top judge slams 'inaccessible justice'

Report calls for more federal funding for civil legal aid, among other reforms
CBC News

Posted: Aug 18, 2013 11:57 AM ET Last Updated: Aug 18, 2013 10:22 PM ET

Beverly McLachlin, Chief Justice of the Supreme Court of Canada, says many people give up on the justice system and 'just swallow their pain and their loss and live with it.' (Fred Chartrand/Canadian Press) Faceboo 9 k Twitte 1

Shar 2 e 0 Emai l Supreme Court of Canada Chief Justice Beverley McLachlin says the most pressing challenge facing the administration of justice in this country is ensuring that Canadians are able to access the system. McLachlin made the comments at the Canadian Bar Association (CBA) annual meeting in Saskatoon this weekend. Delegates at the conference were discussing the merits of several proposed legal reforms, including those stemming from the results of a new report by the CBA, titled Reaching Equal Justice. The 59-page report, which was released Sunday at the conference, says there is profoundly unequal access to justice in Canada. Peoples' lives can be ruined if they can't get access to justice, McLachlin said Saturday at the conference. "We know that there are a lot of needs. People just swallow their pain and their loss and live with it, I guess, in some unsatisfactory way feeling they can't get justice," said McLachlin. Among other things, the report calls for more federal funding for civil legal aid. The report says by 2020, all Canadians living at and below the poverty line should be eligible for full coverage of essential public legal services. Another goal is to have all law schools in Canada have student legal clinics to help low-income people by 2020. All 31 targets in the report are expected to be completed by 2030. Hardest hit are those who can't afford lawyers "Inaccessible justice costs us all, but visits its harshest consequences on the poorest people in our communities," the report says. Its author, Melina Buckley, says one of the biggest concerns is the growing number of people who represent themselves in civil cases. Buckley says many people earn just enough money so they don't qualify for legal aid, but they also don't make enough to pay for a lawyer. Those people often find themselves on their own in court, she says. The problem is especially pronounced in family law cases. "They describe that as just being a terrible experience," Buckley said in an interview. "They find the whole process leading up to it is hugely stressful, has all kind of side effects in terms of their abilities to continue parenting their kids because they're stressed. Sometimes they lose their jobs or have to go part-time, all kinds of health and other situations. They tend to get alienated from friends and families because they become so obsessed by it," she said. "And then quite often they don't have the kind of outcomes that we would consider just and fair." Buckley said that also puts more of a burden on the system. For example, a case that would normally take three days with a lawyer on each side, tends to instead take 10 days, she says. Association positive about proposed changes The report identified four priorities in improving access to justice nationally: access to legal services, the simplification of court processes, family law and prevention, triage and referral. In each of these areas a working group of CBA legal professionals investigated specific ways of improving legal access nationally. "We are contemplating changes to the system to make it more affordable. For example, rule changes. All of that involves the government ... so the government is an important player," McLachlin said. Robert Brun, President of The Canadian Bar Association told CBC News on Friday that he is cautiously optimistic that their recommendations and the report will not fall on deaf ears when it comes to implementing changes to the current system at the federal level.

"If people don't have the economic resources to retain lawyers to protect their interests and to get their cases before judges to decide them on the facts and law, then they don't have access to justice," Brun said. Brun says improving citizens' legal agency will help combat problems like over-crowded correctional facilities, in places such as Saskatchewan and in the North. The report will be released in full this fall. With files from The Canadian Press Share Tools Report Typo Send Feedback Faceboo Twitte Shar Emai k r e l http://www.vancouversun.com/news/Canadian+Association+calls+quick+abysmal+access+justice/88035 90/story.html Canadian Bar Association calls for 'quick fix' to 'abysmal' access to justice Reports demands change to access to legal aid by 2030 By Jennifer Graham, The Canadian Press August 18, 2013 Story Photos ( 1 )

Access to justice in Canada is being described as "abysmal" in a new report from the Canadian Bar Association, which also calls for much more than "quick fix" solutions. Photograph by: Files , Postmedia News

SASKATOON - Access to justice in Canada is being described as "abysmal" in a new report from the Canadian Bar Association, which also calls for much more than "quick fix" solutions. The summary report, released Sunday at the association's conference in Saskatoon, says there is profoundly unequal access to justice in Canada. "Inaccessible justice costs us all, but visits its harshest consequences on the poorest people in our communities," says the report. Report author Melina Buckley says one of the biggest concerns is the growing number of people who represent themselves in civil cases. Buckley says many people earn just enough money so they don't qualify for legal aid, but they also don't make enough to pay for a lawyer. Those people often find themselves on their own in court, she says. The problem is especially pronounced in family law cases. "They describe that as just being a terrible experience," said Buckley in an interview. "They find the whole process leading up to it is hugely stressful, has all kind of side effects in terms of their abilities to continue parenting their kids because they're stressed. Sometimes they lose their jobs or have to go part-time, all kinds of health and other situations. They tend to get alienated from friends and families because they become so obsessed by it. "And then quite often they don't have the kind of outcomes that we would consider just and fair." Buckley says that also puts more of a burden on the system. For example, a case that would normally take three days with a lawyer on each side, tends to instead take 10 days, she says. There are also more pressures on court staff who must walk a fine line between helping people with something like forms and legal advice that they can't provide. "They have to say 'Look, I'm sorry, that's legal advice. I can't do that.' And of course the person who has that need doesn't care, they need the answer. And if you can't point them to where they can (get it), it's obviously very frustrating, very high stress for people working within the courts," said Buckley. Supreme Court of Canada Chief Justice Beverley McLachlin said access to justice is a growing problem for many Canadians. Peoples' lives can be ruined if they can't get access to justice, McLachlin said Saturday at the conference. "We know that there are a lot of needs. People just swallow their pain and their loss and live with it, I guess, in some unsatisfactory way feeling they can't get justice," said McLachlin. The full report will be released in the fall, but the 59-page summary released Sunday makes several recommendations. Among other things, the report calls for more federal funding for civil legal aid. Buckley says the federal government can't say how much it contributes to civil legal aid because the amount is included in overall funding to provinces and the decisions on how to spend the money is made at the provincial level. The report says by 2020, all Canadians living at and below the poverty line should be eligible for full coverage of essential public legal services. Another goal is to have all law schools in Canada have a student legal clinic to help low-income people by 2020. All 31 targets are expected to be completed by 2030. "We think very serious and radical reforms need to be made to the justice system. We think they're all doable. We call it an ambitious, but possible vision, and we think 17 years is about the right amount of time," said Buckley. Change doesn't fall solely on governments or the bar association. The report also says law schools and other stakeholders must be involved. Buckley says the creation of an access to justice commissioner could make sure everyone works together. The report says tinkering with the system won't be enough. "The civil justice system is too badly broken for a quick fix. People fall between the cracks at an unacceptable cost.

Injustice is too deeply woven into the system's very structure for piecemeal
reforms to make much of a dent," it says.

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Roles and Responsibilities of the Attorney General The role has been referred to as

"judicial-like" and as the "guardian of the public interest". JI? Judiciary Independence
Constitution Act, 1982 Canadian Charter of Rights and Freedoms

Whereas Canada is founded on principles that recognize the

Supremacy of God and the Rule of Law www.SolarGhost13.com

JIHAD Judiciary Independents Highest Authority Denoted There are various components of the Attorney General's role. The Attorney General has unique responsibilities to the Crown, the courts, the Legislature and the executive branch of government. While there are different emphases and nuances attached to these there is a general theme throughout all the various aspects of the Attorney General's responsibilities that the office has a

constitutional and traditional

responsibility beyond that of a political minister. One for the money Two for the show Which came first the Chicken or the Egg? No matter which assuredly laid http://www.scribd.com/doc/113882977/Spirit-Intent-Precedence-de-Jure-Constitution-or-Romans-13Gaming-the-System-de-Facto Ultimately the Attorney General is accountable to the people of the province, through the Legislature, for decisions relating to criminal prosecutions. Such accountability can only occur, of course, once the prosecution is completed or when a final decision has been made not to prosecute. The sub judicae rule bars any comment on a matter before the courts that is likely to influence the matter. The sub judicae rule strictly prohibits the Attorney General from commenting on prosecutions that are before the courts. Given the stature of the Attorney General's position, any public comment coming from the office would be seen as an attempt to influence the case. Attorney General legislature adviser Legislated Irresponsible RAT Responsibly Accountable Tacit RUNS Responsibly Unaccountable Nuances Schematics Attorney General, guardian of the public interest 13. (1) The Attorney General for Ontario shall serve as the guardian of the public interest in all matters within the scope of this Act or having to do in any way with the practice of law in Ontario or the provision of legal services in Ontario, and for this purpose he or she may at any time require the production of any document or thing pertaining to the affairs of the Society. R.S.O. 1990, c. L.8, s. 13 (1);

1998, c. 21, s. 7 (1); 2006, c. 21, Sched. C, s. 13. Admissions (2) No admission of any person in any document or thing produced under subsection (1) is admissible in evidence against that person in any proceedings other than proceedings under this Act. R.S.O. 1990, c. L.8, s. 13 (2); 1998, c. 21, s. 7 (2). Protection of Minister (3) No person who is or has been the Attorney General for Ontario is subject to any proceedings of the Society or to any penalty imposed under this Act for anything done by him or her while exercising the functions of such office. R.S.O. 1990, c. L.8, s. 13 (3); 1998, c. 21, s. 7 (3). Responsibility for Court Administration (s. 5(c)) A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Given

the fundamental importance

of the

independence of the judiciary,

the responsibility for courts administration is often a very sensitive and delicate issue. Great care and respect

for the principles

of judicial independence
must
be exercised in this area.

The ancient concept of

rule of law can be distinguished from

rule by law,
according to political science professor Li Shuguang: "The difference....is that, under the rule of law, the law is preeminent and

can serve as a check against

the abuse of power. Under rule by law,

the law is a mere tool for a government,

that suppresses in a legalistic fashion."[25]

http://www.scribd.com/doc/150452608/Police-Can-File-Charges-Against-Attorney-General-Then-HisDecision-to-Proceed-Against-Self The Attorney General does not, however, direct or cause charges to be laid. While the Attorney General and the Attorney General's agents may provide legal advice to the police,

the ultimate decision

whether or not to lay charges is for the police. Once the charge is laid the

decision
as to whether the prosecution should proceed, and in what manner, is for the Attorney General and the Crown Attorney. www.RCMP13.com Mulroney protected in this manner as was the entire government organized crime http://www.scribd.com/doc/105694093/RCMP-Sarge-States-Apparently-I-Thought-Were-ActuallyGoing-to-Investigate-Government-Corruption-as-Per-Complaint and went on about God being the supreme authority, that sort of thing Rule of Law http://en.wikipedia.org/wiki/Rule_of_law The Rule of law in its most basic form is no one is above the law. Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with, publicly disclosed laws, adopted and enforced in accordance with established procedural steps that are referred to as due process. The rule of law is hostile to dictatorship and to anarchy. According to modern Anglo-American thinking, hallmarks of adherence to the rule of law commonly include

a clear separation of powers,

legal certainty, the principle of legitimate expectation and equality of all before the law. The concept is not without controversy, and it has been said that "the phrase the rule of law has become meaningless thanks to ideological abuse and general over- use" The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that Cabinet actions are legally and constitutionally valid. As chief law officer, the Attorney General has a special responsibility to be the guardian

of that most elusive concept

- the rule of law.The rule of law is a well established legal principle, but

hard to easily define.

It is the rule of law

that protects individuals, and society as a whole,

???????????? from arbitrary measures and safeguards personal liberties. Legal Certainty?????

The people have no voice if they do not roar harmonious tranquility

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Do not do to others what you would not want done to self Recompense injury with justice and recompense kindness with kindness INJURY? Independent Negligent Judiciary Unscrupulous Righteous Yahoos ??????? To be determined Responsibility for Court Administration (s. 5(c)) A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Given

the fundamental importance

of the

independence of the judiciary,

the responsibility for courts administration is often a very sensitive and delicate issue. Great care and respect

for the principles

of judicial independence
must
be exercised in this area.

Roles and Responsibilities of the Attorney General

The Attorney General has a unique role to play as a Minister. One part of the Attorney General's role is that of a Cabinet Minister. In this capacity the Minister is responsible for representing the interests and perspectives of the Ministry at Cabinet, while simultaneously representing the interests and perspectives of Cabinet and consequently the Government to the Ministry and the Ministry's communities of interest. The Attorney General is the chief law officer of the Executive Council. The responsibilities stemming from this role are unlike those of any other Cabinet member. The role has been referred to as "judiciallike" and as the "guardian of the public interest". Much has been written on the subject of ministerial responsibilities and the unique role of the Attorney General. There are various components of the Attorney General's role. The Attorney General has unique responsibilities to the Crown, the courts, the Legislature and the executive branch of government. While there are different emphases and nuances attached to these there is a general theme throughout all the various aspects of the Attorney General's responsibilities that the office has a constitutional and traditional responsibility beyond that of a political minister. The statutory responsibilities of the office are found in section 5 of the Ministry of the Attorney General Act. Section 5 states: The Attorney General, (a) is the Law Officer of the Executive Council; (b) shall see that the administration of public affairs is in accordance with the law; (c) shall superintend all matters connected with the administration of justice in Ontario; (d) shall perform the duties and have the powers that belong to the Attorney General and Solicitor General of England by law and usage, so far as those powers and duties are applicable to Ontario, and also shall perform the duties and powers that, until the Constitution Act, 1867 came into effect, belonged to the offices of the Attorney General and Solicitor General in the provinces of Canada and Upper Canada and which, under the provisions of that Act, are within the scope of the powers of the Legislature; (e) shall advise the Government upon all matters of law connected with legislative enactments and upon all matters of law referred to him or her by the Government; (f) shall advise the Government upon all matters of a legislative nature and superintend all Government measures of a legislative nature; (g) shall advise the heads of ministries and agencies of Government upon all matters of law connected with such ministries and agency; (h) shall conduct and regulate all litigation for and against the Crown or any ministry or agency of government in respect of any subject within the authority or jurisdiction of the Legislature; (i) shall superintend all matters connected with judicial offices; (j) shall perform such other functions as are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. "

What follows is an overview of the various components of the Attorney General's roles and responsibilities, primarily as outlined in the Act.

Chief Law Officer of the Executive Council (s. 5(a))

The role of chief law officer might be referred to as the Attorney General's overall responsibility as the independent legal advisor to the Cabinet - and some have even suggested that the role possibly extends to the Legislature as well. The importance of the independence of the role is fundamental to the position and well established in common law, statutes and tradition. As chief law officer, the Attorney General has a special responsibility to be the guardian of that most elusive concept - the rule of law. The rule of law is a well established legal principle, but hard to easily define. It is the rule of law that protects individuals, and society as a whole, from arbitrary measures and safeguards personal liberties. The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that Cabinet actions are legally and constitutionally valid. In providing such advice it is important to keep in mind the distinction between the Attorney General's policy advice and preference and the legal advice being presented to Cabinet. The Attorney General's legal advice or constitutional advice should not be lightly disregarded. The Attorney General's policy advice has the same weight as that of other ministers.

Criminal prosecutions (s.5(d))

One of the most publicly scrutinized aspects of the Attorney General's role is the responsibility for criminal prosecutions encompassed in section 5 (d) and s. 92 of the Constitution Act, 1867. Section 92 gives the provinces authority to legislate in matters related to the administration of criminal justice and thereby gives the provincial Attorney General authority to prosecute offences under the Criminal Code. The Attorney General does not, however, direct or cause charges to be laid. While the Attorney General and the Attorney General's agents may provide legal advice to the police, the ultimate decision whether or not to lay charges is for the police. Once the charge is laid the decision as to whether the prosecution should proceed, and in what manner, is for the Attorney General and the Crown Attorney. It is now an accepted and important constitutional principle that the Attorney General must carry out the Minister's criminal prosecution responsibilities independent of Cabinet and of any partisan political pressures. The Attorney General's responsibility for individual criminal prosecutions must be undertaken and seen to be undertaken - on strictly objective and legal criteria, free of any political considerations. Whether to initiate or stay a criminal proceeding is not an issue of government policy. This responsibility has been characterized as a matter of the Attorney General acting as the Queen's Attorney - not as a Minister of the government of the day. This is not to suggest that decisions regarding criminal prosecutions are made in a complete vacuum. A wide range of policy considerations may be weighed in executing this responsibility, and the Attorney General may choose to consult the Cabinet on some of these considerations. However any decisions relating to the conduct of individual prosecutions must be the Attorney General's alone and independent of the traditional Cabinet decision making process. In practice, in the vast majority of cases, these decisions are made by the Attorney General's agents, the Crown Attorneys.

An important part of the Crown's - and thus the Attorney General's - responsibility in conducting criminal prosecutions is associated with the responsibility to represent the public interest - which includes not only the community as a whole and the victim, but also the accused. The Crown has a distinct responsibility to the court to present all the credible evidence available.

The responsibility is to present the case fairly - not necessarily to convict. This is a fundamental precept of criminal law, even if it is not a particularly well-understood concept among the general public. One of the Attorney General's responsibilities in fostering public respect for the rule of law, is to assist the public in understanding the nature and limits of the prosecutorial function. Ultimately the Attorney General is accountable to the people of the province, through the Legislature, for decisions relating to criminal prosecutions. Such accountability can only occur, of course, once the prosecution is completed or when a final decision has been made not to prosecute. The sub judicae rule bars any comment on a matter before the courts that is likely to influence the matter. The sub judicae rule strictly prohibits the Attorney General from commenting on prosecutions that are before the courts. Given the stature of the Attorney General's position, any public comment coming from the office would be seen as an attempt to influence the case. Although the Attorney general can become involved in decision-making in relation to individual criminal cases, such a practice would leave the Minister vulnerable to accusations of political interference. Accordingly, it is traditional to leave the day-to-day decision-making in the hands of the Attorney General's agents, the Crown Attorneys, except in cases of exceptional importance where the public would expect the Attorney General to be briefed.

Legislative Responsibilities (s. 5(e) and (f))

The Attorney General has broad responsibilities associated with Government legislation. These responsibilities have been described as twofold. One is to oversee that all legislative enactments are in accordance with principles of natural justice and civil rights (see also s. 5(b) above). This is obviously an important and broad area of responsibility. The second aspect of this responsibility is to advise on the constitutionality and legality of legislation. The Attorney General's legislative responsibilities are played out in a variety roles. The Office of Legislative Counsel reports to the Attorney General. Legislative Counsel plays a key role in ensuring the legal integrity of Government legislation. Although the Legislative Counsel's reporting relationship to the Attorney General does allow the Attorney General to provide guidance and set standards, individual pieces of legislation are drafted on instructions from client ministries and are not within the sole control of Legislative Counsel or the Attorney General. It should also be noted that Legislative Counsel also has a direct responsibility to the Legislature as the Office also drafts all private member's bills. The Attorney General has a further role to play as part of whatever Cabinet Committee is formed to review legislation and regulations. Here the Minister has an opportunity to comment on the technical issues related to legislation and regulations prior to Cabinet consideration.

The Attorney General's role on legislative matters is as an adviser to the Cabinet. Although unlikely, Cabinet could, in theory, receive the Attorney General's legal opinion on legislation and choose to disregard it. The Attorney General's role is not independent of Cabinet decision making as in the area of criminal prosecutions. As was noted earlier, the Attorney General must make careful distinctions about the legal opinions and policy or political preferences being offered about legislation.

Civil Litigation (s.5(h) and (d))

In addition to the specific responsibilities to conduct civil litigation on behalf of the Government and its agencies (s. 5(h)), the Attorney General has broader litigation responsibilities flowing from the historical powers of the Attorney General referred to in s. 5(d) of the Act. These powers are based on the Crown's parens patriae (parental) authority. The Attorney General's authority, therefore, is not only to conduct litigation in cases directly affecting the government or its agencies but also to litigate cases where there is a clear matter of public interest or public rights at stake. This has been characterized as a constitutional responsibility to ensure that the public interest is well and independently represented. It may involve interventions in private litigation or Charter challenges to legislation, even if the arguments conclude that the legislation does contravene constitutionally protected rights.

Responsibility for Court Administration (s. 5(c))

A key component of the Attorney General's responsibilities to ensure the administration of justice in the province is the administration of the courts and as a result the responsibility for maintaining liaison with the judiciary. Given the fundamental importance of the independence of the judiciary, the responsibility for courts administration is often a very sensitive and delicate issue. Great care and respect for the principles of judicial independence must be exercised in this area.

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http://www.scribd.com/doc/149878237/They-of-the-Material-World-Cannot-Touch-the-Spirit-of-theLaw-as-It-Is WW III World Wide Invisible Invincible Inalienable http://www.scribd.com/doc/71333371/Who-Would-Be-Foolish-Enough-to-Leave-a-Paper-Trail http://www.scribd.com/doc/158399284/Time-to-Sync-the-Forked-Tongue-Tines

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