D. STATE - Legal Aid

Leading Cases

New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 S.C.R. 46

http://www.canlii.org/ca/cas/scc/1999/1999scc49.html

The state has an obligation to provide state-funded legal aid to parents who could lose custody of their children during court proceedings.

British Columbia (Minister of Forests) v. Okanagan Indian Band, [2003] 3 S.C.R. 371

http://www.canlii.org/ca/cas/scc/2003/2003scc71.html

When a party is unable to afford the cost of constitutional litigation the Court has power to order the government to cover the party’s litigation costs even before the issue goes to court.

Broomer v. Ontario (Attorney General), (2004), 187 O.A.C. 192

http://www.canlii.org/on/cas/onscdc/2004/2004onscdc11415.html

Broomer started constitutional litigation against the government. Midway through the trial the issue was settled when the government changed the legislation that was being challenged. Despite the fact that Broomer did not win his case the Court still ordered the government to pay him costs.

Canadian Bar Association: Legal Aid Test Case

http://www.cba.org/cba/advocacy/legalaid/default.aspx

The Canadian Bar Association has officially launched a ground-breaking test case to establish a constitutional right to civil legal aid in British Columbia.