Touchstone Committe Publication on Right To Legal Counsel

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
 
 
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
 

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
CANADA ICCLR : CBC / Canadian Bar Association : (2002)
" 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
  • 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."
 
CASE LAW :
  1. CANADA : Supreme Court Decisions : New Brunswick (1999)
  2. USA : Gideo versus Wainwright : (1963) : GIDEON v. WAINWRIGHT : Case Review : Full TEXT
  3. ENGLAND :
  4. INTERNATONAL COURT OF JUSTICE : ICJ :
  5. EUROPEAN COURT OF HUMAN RIGHTS : ECHR :
  6. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS : IACHR : Lawyers Rights Watch Canada [Amicus Curiae re HTG]; Amnesty International
  7. 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
NOTE : ECGOCSQ = a commencement for international support at institutions such as G20 and the UN (Legal Search Central)
Editorial Note :
CSQQN UPDATES
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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
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