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Legal Aid Alberta Hosts 2013 Access to Justice Awards Gala

Each year, Legal Aid Alberta hosts the Access to Justice Awards Gala to recognize individuals nominated by their peers for their significant contribution to the community, as well as reflect on the important role each of us plays within the realm of access to justice. 

“Remember, the concept of access to quality justice is not simply a function of finances and judicial delays.  Rather, it is about public confidence.  Above all, the survival of our democracy depends upon maintaining the credibility of the judiciary and the legal profession in the minds of litigants and the public at large.  Every citizen must feel that they are able to enforce their rights under fair and reasonable conditions.”  

– The Honourable Richard Wagner, Justice of the Supreme Court of Canada,  Legal Aid Alberta Access to Justice Awards Gala, 2013.

One of the key reasons Legal Aid Alberta hosts the Access to Justice Awards Gala is to celebrate those people who have worked to ensure Albertans can enforce the rights Justice Wagner referenced under fair and reasonable conditions.  These people often fly under the radar of any glimmering lights that would shine on their exceptional contribution to our legal system in this province and, yet, they are very deserving of recognition.  Through the presentation of these awards and by drawing attention to what these individuals have accomplished, we aim to shed light on the energy and innovation that surrounds their efforts.

The recipients of the 2013 awards are:

·         Legal Advocacy Access to Justice Award: Laurie I. Wood, Laurie Wood Law Office, and roster lawyer with Legal Aid Alberta

·         Legal Advocacy Access to Justice Award:  Kevin Livingstone, Staff Lawyer, Family Law Office-Wetaskiwin, Legal Aid Alberta

·         Legal Support Access to Justice Award: Nicole Mizzi, Social Worker, Youth Criminal Defence Office-Calgary, Legal Aid Alberta

For almost 25 years, Laurie Wood has been working steadily to ensure individuals of all economic means have equal access to quality legal representation.  She regularly travels to the far corners of the province to represent and support her clients, most of whom are in crisis, with many in extreme distress and suffering from mental health issues.  Often these people are able to leave their interview feeling hopeful and uplifted, confident that they will be properly looked after through to the resolution of their legal issue.  She is unwavering in her dedication to the principles of providing her clients with the kind of quality legal representation that enshrines her belief in equal access to justice for all.

Kevin Livingstone has made it his business to provide legal support by being open to learning about Aboriginal culture and its unique struggles and celebrations.  His non-judgmental approach coupled with his compassion and encouragement has created an environment where his clients feel confident in accessing legal services.  Well known for treating his clients, colleagues, and opposing counsel with dignity and respect, Kevin is consistent in his application of high quality representation, often exploring the underlying issues from a holistic perspective.  Kevin’s efforts to help clients work through anger and difficult challenges has created a path for better outcomes for many of his clients.

It was a request from a member of the judiciary to interpret dense legalistic probation conditions to a youth with limited cognitive abilities that led Nicole Mizzi to find the needed assistance to draft a set of plain language conditions that are now available for counsel to suggest to the court.  The end result created a process, and, importantly, a result, that is meaningful to the youth involved.  It’s just one example of Nicole’s innovative, energetic approach to supporting those in need.  Through her exceptional effort in providing comprehensive profiles of clients’ circumstances and needs, a youth’s lawyer and the courts have available context documents that can be used in determining the best course of action.  Her primary objective is to support the actions of the court in helping that same youth from experiencing a cycle of recidivism and allow for a more positive future.

Also awarded was the first J. Patrick Stopa, QC Access to Justice Scholarship.  Mr. Stopa was the Legal Aid Alberta Board Chair until his death in May of 2013, and his passion for ensuring access to justice was recognized by the partners of his Calgary Law firm, Caron and Partners LLP, through a scholarship of $2000 for educational funding to a student or junior lawyer who demonstrates a commitment to ensuring access to justice in Alberta.  The well-deserving recipient is Rhyannon O’Heron who graduated from the Faculty of Law at the University of Alberta in 2013 and is currently clerking with the Nunavut Court of Justice.

It was an awards celebration that brought out more than 300 guests to acknowledge the efforts of these individuals, and each was congratulated by Premier Alison Redford and the Honourable Mr. Justice Richard Wagner – both strong, long-standing supporters of access to justice.  For more information about the awards, and to read Justice Wagner’s remarks, visit Legal Aid Alberta.

Photo: (Left to Right) Award Recipients Nicole Mizzi, Kevin Livingstone, and Laurie Wood with the Honourable Richard Wagner, Justice of the Supreme Court of Canada. 

Insights into the Cost of Evidence

How do you get credible and testable evidence without making the justice system even more unaffordable than it already is? This question was the sum of the discussion at the Canadian Institute for the Administration of Justice’s (CIAJ) first-ever student workshop held on October 10, 2013. The workshop titled, The Cost of Evidence, was facilitated by Osgoode Hall Law School professors Benjamin Berger and Trevor Farrow, and was supported by the CIAJ, Osgoode Hall Law School, and the Canadian Forum on Civil Justice.

The workshop brought together law students from schools across Canada to discuss the intersection of the rules of evidence, legal costs, and access to justice. The workshop, which was part of the larger annual CIAJ conference, allowed students to delve into discussions that related the conference theme How Do We Know What We Think We Know: Facts in the Legal System, to access to justice issues. Over the course of two hours the workshop participants considered the following questions:

  • How will the changes to the evidence rules affect the costs of trials?
  • How will these changes affect access to justice?
  • What changes to evidence rules can be made that will increase access to justice?

To provide context for the discussion, students were asked to read a paper by John H. Langbein on the historical foundation of the law of evidence, as well as the recent Canadian Bar Association report, Reaching Equal Justice: An Invitation To Envision And Act. The former was used to suggest that evidence rules should be understood as an evolution, while the latter illuminated the widespread phenomenon of a lack of access to justice, and how rules of evidence might impede access to justice.

Before long, it was clear that the rules of evidence play substantially different roles in access to justice depending on the sphere of the legal system (i.e. in a criminal court, in an administrative tribunal, in a setting of self-represented individuals, in mediation, etc.). But what kind, and how many rules of evidence are appropriate in each of these settings became uncertain in the discussion that ensued.

Should each legal arena have different rules of evidence? Would using principles rather than rules be a more appropriate approach in some cases? Ultimately, what emerged from the workshop was a sense that evidence should not be treated as separate from the larger legal system, rather it should be seen as intertwined and inseparable from it.

While no one could posit a clear solution as to how to get credible and testable evidence without making the system unaffordable, it was encouraging to see this question being asked by a new and eager group of legal practitioners. It inspired hope that the question may be answered in the future.

 

FURTHER READING:

Langbein, John H. “Historical Foundations of the Law of Evidence: A View from the Ryder Sources” (1996) 96 Colum L Rev 1168.
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1538&context=fss_papers 

Reaching Equal Justice: An Invitation to Envision and Act (August 2013), online: Canadian Bar Association
​<http://www.cba.org/cba/equaljustice/secure_pdf/Equal-Justice-Report-eng.pdf>.