SUBJECT:
LEGAL COVERAGE IN THE MODERN SOCIETY
PURPOSE: This
briefing note is a recommendation for changes in policy pertaining to legal
coverage.
ISSUE: There
is not enough action to provide the citizen with safety and security via a
legal coverage program.
Background:
There is
currently a lack of options as it pertains to victims of crime in Canada. The government needs to establish a legal
program to provide minimal coverage as a recourse and a deterrent to
crime. A victim is harmed via a tort, an
injustice to the person. Such torts can
be observed in British Common Law.
Moreover, most torts are infarctions per the Criminal Code of
Canada. Litigation matters can be designated to the Provincial Courts or the Supreme Courts. It depends on the value that the plaintiff
seeks. For example, if the tort causing
harm causes a damage not greater than $35,000, the litigation case would be
designated to the Provincial Court- Small Claims Court. Individuals have the ability to litigate
these matters independent from an attorney however, it is not advised. Frivolous cases cause the judicial system to experience
a large delay. Some cases need months
and possibly years to be rectified. Thus,
by acting to prevent such frivolous cases, the government can streamline the
judicial system with attorneys representing the citizens who actually have
legal problems. Frivolous cases result
because the claimant acting independently needs to have the technical knowledge
to be able to navigate the legal system.
Many of these citizens representing themselves experience trauma and by initiating
a litigation case independently it could cause more stress. Making a claim starts with reporting a tort
to the police. According to CTV News there
were 5589 crimes reported to the police per 100,000 people, in 2012. Once a crime is reported to the police, they
then respond with investigation. After
investigation a charge is laid forth under the Criminal Code. A civil litigation case then can be initiated
by the claimant. According to Statistics
Canada there were 18684 tort related cases in 2015- 2016.
Considerations:
A legal
coverage program can exist under the current Medical Services Plan on the
grounds that it is a tool by which to provide the safety and security of the
citizen which would henceforth be categorized as a measure of health promotion, if however the claimant is injured- via a diagnosis of PTSD etc., intervention can take the form of convalescence or rehabilitation. There is currently a
deficiency in the governments ability to be able to provide the Canadian
citizen with safety and security. Such
deficiency is exhibited in the fact that many people in society experience a
lack of recourse when it pertains to legal matters. According to the Maslow’s Hierarchy of Needs,
safety and security is the base of all human needs which therefore means that
such legal coverage providing protection from torts which result in harm
justifies as a means by which it can be implemented into the Medical Services
Plan because it provides safety and security and further health needs.
Moreover, to reiterate such coverage plan for basic legal services can be a form of health promotion, convalescence
or rehabilitation. People with legal
issues experience a degree of anxiety and stress. By providing legal coverage under the Medical
Services Plan, in cooperation with medical personnel such signs and symptoms
can be absolved or treated. The current
medical system is focused on harm to self or others but it lacks a concern for
harm to the person caused by others. Such
deficiency in the medical system should be addressed with medical intervention
aimed to rectify the harm caused by others and inflicted on the person. A medico-legal approach to intervention
should be considered by the medical community as a means to address such issue.
A legal
program can also exist under the Student Aid Program. If the plaintiff seeks assistance from a
lawyer designated under the Ministry of Advanced Education, it would have to be
provided on the grounds that it are research.
According to the Canada Student
Loans Act, a loan is provided for “a satisfactory scholastic standard; and
[a] need of a loan for [a] period of studies.”
By using the circumstance as a method to learn from it, the claimant can
opt to attain tertiary education, to learn about crime and henceforth commence a
litigation case. The providing of such
legal counsel via academics allows for the Student Aid Program to be able to
allocate the funds necessary to commence a proceeding if a program is completed
and a practicum is issued by the Law Society.
Such funds come in the form of a compulsory loan to be paid back at the
same rate as student loans. The
compelling of The Ministry of Advanced Education for the providing of such
legal program to protect the safety and security of the claimant is
necessary.
Funds can
also be allocated under Citizenship Canada under the Immigration and Refugee
Protection Act; however, such is for more serious cases. The individual inquestion must be designated refugee status. If legal counsel is provided under this act,
the issue must be an urgent substantial risk to the individuals safety which
means utmost priority must be given to provide rectification via such action as
removal and further, a litigation case would follow supported by the
Resettlement Assistance Program. Currently,
the refugee program of Canada only supports refugees coming into the country
thus, it lacks support for those refugees going to another country to seek assylum.
The problem
with the providing of such legal program is the matter of jurisdiction. How would jurisdiction be determined? Thus, the Law Society must act in a manner
that allows it to designate the authority to the specific Ministry, such as the
Ministry of Health. Currently the Law
Society is a provincial body but it is managed by federal legislations, the
matter involving the need for legal assistance is divided between federal and
provincial jurisdictions under the Constitution on S91 and S92. For example, Citizenship is a federal matter,
for the Provincial Law Society to provide legal assistance on an issue it
suspects to be urgent, needing immigration, it would have to be delegated federal
power which means the provincial Law Society would have to go to the federal
government who designates such authority to allocate funds to the claimant so
that a removal can occur and then a litigation case can commence in the bid to
protect the urgent safety of that citizen.
In the case of a medical issue, the provincial Law Society would have
the authority to cooperate with the Medical Services Plan under the regional
health care body such as Fraser Health or Vancouver Coastal to delegate a
physician to assess the clients signs and symptoms of stress and trauma then
notify the Law Society of the findings at which point a legal matter can persist. Such case would then be charged as if it were
a medical cost which means law firms must be trained via in-service by the
medical personnel with regards to billing the claimant. As it pertains to the Ministry of Advanced
Education and the providing of such compulsory loans to commence a litigation,
the Law Society would need to cooperate with the federal government and the
provincial government. Student loans are
provided under the National Student Loans Program and the Student Aid Program
which means both would need to cooperate to provide such loan so that the
student can ascertain education to learn from the crime and then attain a
practicum in the form of litigation per the Law Society.
What is clear
here is that the Law Society needs to collaborate with the above to determine a
procedure for determining the jurisdiction, and the nature of the legal matter
to be litigated on. To reiterate, as it
pertains to medical- it would be health convalescence or rehabilitation,
education- research and immigration- urgent risk to safety. Henceforth, the Law Society must determine
the procedure for designating which of these interventions would be provided to
the claimant. Clearly if the client experiences
medical signs and symptoms, the matter would be delegated to the health authority. If it concerns a social issue,
than the educational approach would be advised.
And lastly, if there is an urgent safety risk, immigration. The stakeholders for this matter are the
government, the Law Society, the law firms and the citizen.
Options:
Option
1: Provide a legal coverage program.
This option
is the least feasible. It would require a
lot of legislative amendments and cooperation of various Ministries. However,
it is the most accountable option as it gives the citizen a safeguard. The issue with this option is the
funding. The government may need to make
a bond to gain the initial startup funds to initiate the program. This option is sustainable only if a new product
is created to manage the cost. The
government thus needs to create a new revenue generating product to support
this option and to repay a possible bond.
This option gives the citizen more equity as it protects them from harm
and allows them the legal support they seek.
By selecting this option, it enhances the security of the Canadian
Constitution which has provisions for legal rights.
Option
2: Gradual commencing of a legal program.
Currently
there are pro bono legal services available to victims of crime however, they
must meet certain requirements in order to qualify. Thus it is not
inclusive. The Canadian government needs
to ensure that legal support is provided to its citizens and by having a
minimal legal framework it would protect citizens and deter criminals from crime. This option is sustainable as it would afford
the government time to determine how to fund such legal coverage program. As it pertains to equity, not all citizens
gain support from the current legal programs available. Selecting this option would continue that and
it serves as a security issue to the citizen.
Option
3: Status quo.
This is the
most feasible option. By selecting this
option, the current legal programs available continue to be fragmented and
confusing for the average citizen thus preventing equity. This option is the
most sustainable however, it does a disservice to the citizen by continuing the
security flaw in society. This option
will not deter people from crime although crime rates have been going
down. Regardless, it is up to the
government to determine the action they are to take as it pertains to this matter.
Recommendation:
Option two is
recommended.
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