JAN 17TH SINCE TIME BEGAN 2016 ADE
RIGHT TO LEGAL COUNSEL
FUNDAMENTAL PRINCIPLES OF JUSTICE
THIS WEBSITE DOES NOT PROVIDE LEGAL ADVICE; NOR, IS IT INTENDED TO REFER THE READER TO LEGAL ADVICE
WITHOUT PREJUDICE ____________________________________________ ERRORS & OMISSIONS EXCEPTED
Customary International Law : References : (1) Law Dictionary (2) see TC Research : Legal Search Central (see WOO 2009)
NOTE : IN CANADA
: IF YOU CANNOT RETAIN A LAWYER FOR YOUR CASE : MAKE A ROWBOTHAM APPLICATION AT COURT : EXPLANATIONS : LAWYER : ALSO SEE HERE PDF
STEPS : First : Consider Your Protection at WITHOUT PREJUDICE : When Endorsing anything - write This above your signature [also, see Cease & Desist] Note SCC Tsilhqot'in 2014 Decision
ISSUES of SINISTER INTEREST and, note : In Forma Pauperis {Legal Dictionary}
In Order To Protect Your Child You Must Know How To Protect Yourself / YOUR RIGHT IN LAW & The ABSENCE OF SECURITY OF PERSON / The Presence of FEAR
RIGHT TO COUNSEL OF CHOICE : BALANCED RIGHT : Criminal Cases / USSC BLOG: Supreme Court of Canada / 32769 ; see 2013 : Vilardell v Dunham / CBA : Legal Fees
Gonzalez-Lopez: Right to Counsel of Choice : In U.S. v. Gonzalez-Lopez, No. 05-352 (June 26, 2006), the Supreme Court held that a trial court’s erroneous deprivation of a criminal defendant’s choice of counsel is structural error, and automatically entitles him to reversal of his conviction. NOTE : The POOR and UNDEFENDED and CCC FEAR OF HARM / REASONABLE APPREHENSION / ADDENDUM
Principles Of Fundamental Justice : In Matters Civil / Criminal / Military [USA at GITMO : 2006] : see GENEVA CONVENTIONS and WAR CRIMES
FAIR TRIALS / Rules Of Natural Justice : ALWAYS APPLY FOR LEGAL AID FIRST : STATE FUNDED LEGAL COUNSEL : " The
concept of "fundamental justice" is generally viewed as being
synonymous with procedural fairness or natural justice. But, in the B.C. Motor Vehicle Reference
(1985), the Supreme Court of Canada has gone beyond this narrow view
and has held that Section 7 of the Charter prohibits substantive as well
as procedural injustice in proceedings that may lead to deprivation of
life, liberty or security of a person (Hogg, 1997: section 44.10(a)).
Thus, proceedings under the IRPA that affect life, liberty and security of the persons concerned must presumably be both substantively and procedurally fair."
Section GLOBAL : Note : International HUMAN RIGHTS Law Group
" It is apparent from reading these opinions that at present, Canada's policy makers do not have a clear constitutional obligation to ensure that Canadians can actually access our justice system to enforce their legal rights. While there is an implied right to legal aid in certain circumstances, the parameters of this right are cloudy.
The good news is that our experts believe that the time is right for extending entitlement to legal aid – to cover more types of cases and to make more people eligible for publicly-funded legal representation.
While
the opinions provide cause for optimism, the CBA's work in promoting
greater access to justice through improved legal aid is certainly not
complete.
Government
leaders are faced with a choice. They can sit back and let our most
vulnerable citizens struggle, likely for many years, to expand and
establish meaningful legal rights by representing themselves or with the
assistance of members of the legal profession committed to pro bono work and to legal aid, in spite of its hardships. This is a long hard road to travel, and in the meantime, most poorer
Canadians will be out of luck. The other path, the path we believe it
is incumbent upon our leaders to take, is to accept responsibility now
for clarifying and expanding the right of all Canadians to the legal
representation they need.
This
Report will ground the CBA's commitment to relentlessly urge all
governments to do the right thing by taking leadership roles and
pursuing the second path – the path of genuine access to justice.
Yours, Daphne Dumont, Q.C. Past-President"
NOTE : In Canada
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IMMIGRATION : "It is clear from comments made by the great majority of refugee claimants and service providers who were interviewed for this study that they believe availability of publicly funded legal aid for refugee claimants who cannot afford to retain counsel on their own is critical to maintaining a fair refugee determination process[58] . These respondents appeared to view the situation faced by refugee claimants as similar to that which applied in the New Brunswick (Minister of Health and Community Services) v. G.(J.) case, decided by the Supreme Court in 1999. In that case, the Court held that a fair hearing could not take place if the mother did not have legal representation. Since she did not have the financial means to hire counsel, the Court concluded that, under Section 7 of the Charter, she had a right to state-funded legal counsel."
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MILITARY COURT : INDEX :
CASE LAW :
- CANADA : Supreme Court Decisions : New Brunswick (1999)
- USA : Gideo versus Wainwright : (1963) : GIDEON v. WAINWRIGHT : Case Review : Full TEXT
- ENGLAND :
- INTERNATONAL COURT OF JUSTICE : ICJ :
- EUROPEAN COURT OF HUMAN RIGHTS : ECHR :
- INTER-AMERICAN COMMISSION ON HUMAN RIGHTS : IACHR : Lawyers Rights Watch Canada [Amicus Curiae re HTG]; Amnesty International
- R. v. Clark - CASE 618 [Gustafsen Lake Trials] [Native Web Info] [Canadian Encyclopedia] [B.C.C.A. Case Law] [Public Record] [Bruce Clark as Counsel Submission to S.C.C.] [Native Web Commentary on Clark Contempt Trial]
RESEARCH at TC
UN War Crimes Tribunal
The Firm
OVEREVIEW : To Be Completed In Addendum In Submission To The UN Before July 1st, 2011 : UNWCTe2TC : E2 Insufficient Equity : Understanding Indigenous : Right To Legal Counsel In Civil Cases : Scholarly Paper : Research (2): International Law : AIREY v. IRELAND : International Convention On Civil And Political Rights : RIGHT TO COUNSEL : Why Bother With Treaty ??
NOTE : ECGOCSQ = a commencement for international support at institutions such as G20 and the UN (Legal Search Central)
Military Rule Law Of Occupation UN Charter International Law Human Rights Convention On The Rights Of The Child and Declaration On The Rights Of Indigenous Peoples : DEFINITION : 1907 : Hostile Occupation (occupation laws) : International Criminal Court (Legal Tools)
Editorial Note :
- Aboriginal Peoples were not enfranchised to vote in the formation of provinces or the confederation of Canada; and, were not enfranchised to vote until 1960.
- See also, History of Colonization in Canada : including Terra Nullius : Inter Caetera and Romanus Pontifex ; and, the Supremacy Acts (1534) and (1559)
Copyrighted © Touchstone Committee 1975 - 2015 All Rights Reserved
Salus Populi Est Suprema Lex : The Welfare Of The People Is The Ultimate Law
THIS WEBSITE DOES NOT PROVIDE LEGAL ADVICE; NOR, IS IT INTENDED TO REFER THE READER TO LEGAL ADVICE
WITHOUT PREJUDICE ____________________________________________ ERRORS & OMISSIONS EXCEPTED