Julie was a featured contributor for Now Toronto Magazine’s Reasonable Doubt column. Read why access to justice is every Canadian’s issue.
Julie was a featured contributor for Now Toronto Magazine’s Reasonable Doubt column. Read why access to justice is every Canadian’s issue.
It is great that the Genie has jumped out of the bottle so that our society is aware of the challenges facing SRL. However, the creation of database of lawyers willing to unbundle their services is not going to fix the problem of social injustice because of the culture in the British based justice system.
We need a shift in attitude and culture in our justice system if the problem of social injustice is to be abolished. The real problem is the legal profession and the judges who come from that profession. Without doubt our justice system has predisposed bias towards the represented party. That is where our judges came from. Hence the database is not going to abolish social injustice until there is a change in culture in our justice system.
It is human nature to favour those who are like yourself or associated with you. That is how people support their sports team or their country because of loyalty from belonging. The same is true in our justice system. Our judges see themselves as belonging to the same group as the legal profession and have connections and friendship with many in the legal circle. They are not going to have pity or regard for the rights of SRL. They would rather rule in favour of the represented party.
The moment a SRL walks into the court he/she is doomed to fail because of the predisposed bias towards the represented party. The court blindly accepts whatever the legal counsel for the represented party claims without any regard for justice, the law or the fact. Even if the judge knows that the legal counsel is wrong, or making a fraudulent claim, or perverting the law, or abusing the process, the judge is not going to rule in favour of the SRL.That is the culture of our justice system.
The same applies in the case of arbitration, commission or a tribunal. They all come with a predisposed bias to favour the represented party. It is easier for them to trample on the rights of a SRL than to confront a high-powered legal counsel. I am speaking from real experience and a victim of social injustice.
The only way for social justice is to make the playing field equal where both parties are either represented by a legal counsel or both parties are self-represented so that there is no room for bias towards any one party.