Section 96

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

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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Gatekeeping on Access to the Courts: A Double-Edged Sword for Access to Justice

Written by Gerard Kennedy Legislatures frequently seek to prevent meritless litigation from consuming court time. But how far can they go without restricting access to the courts, with such access to the courts being, at least to come extent, a constitutional right. A recent case out of Ontario analyzed the constitutionality of one gatekeeping initiative

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