期刊名称:The Journal of Public Policy, Administration, and Law
印刷版ISSN:1916-9272
出版年度:2011
卷号:2
期号:1
语种:English
出版社:The Journal of Public Policy, Administration, and Law
摘要:Canadians do not have a constitutional right to state-funded counsel for matters of civil law, unlike for matters of criminal law. This article examines the reasons for this and, more importantly, the significant barriers for establishing a general constitutional right to state-funded counsel for civil cases. Analysis in this article shows that the most significant barriers for establishing such a general constitutional right have been, and will likely continue to be, the courts‘ interpretation of the Constitution from the perspective of the Charter framers and their reluctance to impose a positive constitutional obligation on government that would dictate the allocation of public funds.