Access to Justice

Flette et al. v Manitoba: Access to Justice and Section 96 in Manitoba

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Written by Eric Epp In the recent Manitoba Court of Queen’s Bench decision Flette et. Al. v. Manitoba (Flette) it was ruled that the government of Manitoba misappropriated funds meant for First Nation and Metis children in care. Within this decision, the bounds of the 2016 Supreme Court of Canada case Trial Lawyers Assn. of British Columbia v. […]

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Disproportionate Outcomes for Self-Representing Litigants Raise Access to Justice Concerns

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Written by Eric Epp The number of self-representing litigants (SRLs) in Canada is rising.[1] Although self-help or “low bono” opportunities exist for SRL’s to be assisted through the court process, SRLs naturally encounter much more difficulty navigating the court system. According to a recent American study, which was done in the context of family cases, SRLs

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News: Canadian Bar Association Report on the Impact of COVID-19

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Written by Calvin Ediger Recently the Canadian Bar Association released a report on the impact of COVID-19 on the legal profession in Canada. In general, the report found that the effect of the pandemic was to accelerate the adoption of technology in the legal field, while not necessarily considering the risks and drawbacks that came

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News: Province Announces Funding for New Youth Healing Lodge in Thompson

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Written by Calvin Ediger On March 25th the Manitoba government announced that it will be providing $2 million in funding for a youth healing lodge in Thompson. The lodge will be operated by the Manitoba Keewatinowi Okimakanak (MKO) Inc.  The MKO is a non-profit organization that advocates on behalf of the citizens of 26 First Nations

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News: Department of Justice Releases Qualitative Study on Serious Problems Faced by Lesbian, Gay, Bisexual, and Other Sexual-Minotirty People in Western Canada

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Written by Calvin Ediger Recently the Department of Justice released a study on serious legal problems faced by lesbian, gay, bisexual, and other sexual-minority people living in Western Canada. The study focused on the types of serious problems the participants faced in the last three years and the actions they had taken to address these

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Statistics Canada Releases Results of Legal issues Survey

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Written by Calvin Ediger On January 18th, 2022 Statistics Canada released an article in its Juristat publication entitled Experiences of Serious Problems or Disputes in the Canadian Provinces. The article briefly summarizes the findings of the 2021 Canadian Legal Problems Survey which asked respondents if they had experienced a serious legal problem over the preceding three years. The survey’s purpose

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The Law Society of Manitoba’s New Access to Justice Initiative

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By Darcia Senft The Law Society of Manitoba is pleased to announce that it is launching its “Regulatory Sandbox” pilot project.  The objective of our Sandbox initiative is to improve access to justice by improving access to legal advice and assistance. Individuals, business and organizations with an interest in providing legal services that assist those

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Clarified Definition of Impecuniosity Advances to Justice in Indigenous Litigation in Canada

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By Eric Epp Recently, in Anderson v Alberta, the Supreme Court refined the test for impecuniosity when determining whether to award advance costs in litigation pursued in the public interest. This is to be given special consideration when it involves First Nations claims in order to pursue reconciliation. The new test allows for impecuniosity to be

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News: Department of Justice Releases Report on Legal Clinics in Canada During the Covid-19 Pandemic

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By Calvin Ediger Legal clinics provide an important avenue for access to justice initiatives across Canada. Recently the Department of Justice released a report studying the impacts of Covid-19 upon legal clinics across the country. The study focused mainly on clinics that provided services tied to federal jurisdiction, “criminal law, marriage and divorce, immigration and

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Opinion: The Remote Witnessing and Commissioning Act and Access to Justice in Northern Manitoba

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By Calvin Ediger On December 3rd, 2020, royal assent was given to The Remote Witnessing and Commissioning Act which amended several acts, including The Manitoba Evidence Act, to allow the electronic witnessing of documents including affidavits. Previously affiants (those making the affidavit) were required to be physically present with the individual authorized to administer the oath and witness

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