Towards Equality Through Legal Aid in Canada

TLDR: In this paper, the authors argue that true equality before the law has been attained in Canada to only a very limited extent, and they explore two conceptually distinct avenues towards legal aid: a "juridical rights" approach attempts to transfer the rights of paying clients to recipients of legal aid; the legal aid certificate, presented as an example, is seen as essentially irrelevant in meeting real legal needs of the poor.

Abstract: This paper argues that true equality before the law has been attained in Canada to only a very limited extent. It explores two conceptually distinct avenues towards legal aid. A “juridical rights” approach attempts to transfer the rights of paying clients to recipients of legal aid, producing formal equality of access to the law; the legal aid certificate, presented as an example, is seen as essentially irrelevant in meeting real legal needs of the poor. A “welfare rights” approach, by contrast, stresses equality of outcome and benefits, dealing with legal problems of the poor on a more structural basis, at least in principle. Though only a small portion of Canada’s legal aid program, a “welfare rights” approach may offer the greatest promise of effective legal services for the poor, particularly when resources are tight.