\u201cAccess to Justice\u201d is an important theme that runs through our course. At its most broad \u201cAccess to Justice\u201d may include not just access to courts (formal conflict resolution) and legal services, but also access to legal education and the legal profession. In W5 we focus on questions of access and recent challenges to \u201clegal aid\u201d delivery (specifically in Ontario where the provincial government slashed funding by 30% in 2019 \u2013 see article on Brightspace).<\/p>\n\n\n\n
In her article in the course text Schmolka identifies some of the more persistent challenges to improving access to justice in Canada and specifically highlights where \u201clegal aid\u201d reforms could offer a way forward. In Section V (Innovations) of her article (p. 185) she contextualizes some recent attempts at reform, including changes to established programs like \u201cduty counsel\u201d and \u201ccommunity-based legal clinics\u201d. Overall, she notes that given funding shortfalls, the trend in service has been \u201cto shift the onus onto individuals to navigate the justice system on their own\u201d (p. 185). Critics have argued that this \u201cself-help approach\u201d only further disadvantages vulnerable people in precarious situations.<\/p>\n\n\n\n
Gathercole, for his part, would certainly argue that this individualized \u201cself-help approach\u201d only continues the trend away from including \u201csystem reform\u201d as core mandate of legal aid services in Canada (p. 177). In his discussion of the tensions between \u201cjudicare\u201d and \u201clegal services\u201d models, he highlights the reluctance of governments to support and fund legal services that may challenge government policy.<\/p>\n\n\n\n
Drawing explicitly on these TWO sources, address the following question(s):<\/p>\n\n\n\n
What practical steps should we take to improve \u201caccess to justice\u201d in Canada, both in the short term and in the long term? Based on the \u201cinnovations\u201d described by Schmolka, is reforming\/strengthening legal aid the best approach to address a lack of access or do need something more? Following Gathercole, must our plan include some version of a \u201cclinic\u201d or \u201clegal services\u201d approach? What do you think is the ultimate goal of expanding \u201caccess to justice\u201d?<\/p>\n\n\n\n
Your reflection\/response must do the following:
1) Demonstrate an understanding of the two main approaches to legal aid described by Gathercole
2) Demonstrate an understanding of the recent changes\/ \u201cinnovations\u201d to legal services delivery\/access discussed by Schmolka
3) Evaluate the strengths and weakness of the approaches discussed by both authors; consider these challenges in our current political environment
4) Consider and discuss (if only briefly) how effective \u201caccess to justice\u201d initiatives can be in broader strategies of social reform<\/p>\n\n\n\n
Your response should also:
a) Be organized around a main idea\/point or \u201cthesis\u201d statement b) Refer directly to the course sources using consistent and clear (intext) citations c) Demonstrate \u201cengagement\u201d with the sources (go beyond basic summary) d) Demonstrate care in the preparation and presentation of the response<\/p>\n\n\n\n
I SENT LINKS OF THE SOURCES (USE THEM TO ANSWER QUESTION AND DO IN TEXT CITATIONS WITH PAGE NUMBER, THE PAGE NUMBER IS AT THE BOTTTOM<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cAccess to Justice\u201d is an important theme that runs through our course. At its most broad \u201cAccess to Justice\u201d may include not just access to courts (formal conflict resolution) and legal services, but also access to legal education and the legal profession. In W5 we focus on questions of access and recent challenges to \u201clegal […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-537","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n