P.S. THE IRVING REFUSE TO PRINT THIS STORY!!!! THE IRVING MEDIA REFUSE TO EDUCATE THE PUBLIC ON THIS IMPORTANT ISSUE!!! WHAT DO YOU EXPECT FROM A PAPER WHO BRAINWASH THE PUBLIC WITH FALSE STORIES??? IRVING PRAVDA????
by André Faust
Abraham Lincoln had it right when he said "He who represents himself has a fool for a client".
Given a choice, most persons accused of a crime would prefer a lawyer represent them in court. But not everyone has a choice. The poor are denied access to justice when they cannot afford to pay legal fees of $125 per/hour or more. And when they turn to New Brunswick Legal Aid for help with summary offenses such as assault, they are refused.
Where a middle-class or wealthy person hires a lawyer to stickhandle the same offense through the system, a poor person has to defend herself or plead guilty. If she challenges the system, she ends up representing herself in court - becoming "the fool" of Abe Lincoln's legal maxim.
As a result, we see a growing number of low-income, self-represented litigants and accused who have become a standard feature in New Brunswick 's civil and criminal courts.
According to the Canadian Bar Association, the cost of self-representation is expensive to both the accused and the taxpayer. The self-represented consume significantly more court time and resources than those with legal representation and they lose more often than they win.
The Charles Leblanc case is a glaring example of Legal Aid's abject failure to help low-income persons make their way through the justice system. It also shows that self-representation costs considerably more to the taxpayer than a Legal Aid lawyer.
In January, the controversial blogger was charged with the summary offence of assault, an accusation he vigorously denies. LeBlanc has been diagnosed with ADHD and epilepsy and receives a monthly income assistance cheque of $576. He lives in subsidized housing and cannot afford a lawyer. He applied twice for Legal Aid but was refused. If found guilty, LeBlanc could go to jail, lose his apartment and become homeless.
Given the circumstances, LeBlanc believes he has no choice but to represent himself in court. A group called "Friends For Justice" has set up a website http://charlesleblancdefencefund.com/ and raised more than $1100 with a goal of $5000 to pay for a lawyer and give LeBlanc a legal defence. Until then, however, LeBlanc continues to have a "fool for a client", as Abe Lincoln would say.
Leblanc’s first court appearance as a self-represented accused was on January 19 before Justice Julian Dickson. Since, then, he has appeared five more times before Justice Mary Jane Richards and Justice Brian McLean along with Special Crown Prosecutor Sebastien Michaud, who has been brought in from Edmundston.
Two recent hearings on July 7 and August 26 took 12 hours, the last one to question two members of the Miramichi Police Force who received the original assault complaint at the request of the Fredericton City Police. These two officers have travelled to Fredericton at least nine times on taxpayers' expense, perhaps more.
The next court date is Friday, September 18, at which time two Fredericton police officers will be cross examined by LeBlanc. Anyone who has sat in on the proceedings would agree it is painful to watch LeBlanc struggle with complex legal processes while begging the judge to appoint a Legal Aid lawyer. If previous hearings are any indication, the next session will be at least eight hours. And if the case goes to trial, it could be very lengthy with LeBlanc representing himself.
The costs to the taxpayer are surely in the tens of thousands of dollars by now and there is no end in sight, but what is an accused to do if he believes he is innocent? Ironically, had a Legal Aid lawyer argued LeBlanc's case from the beginning, this would have been resolved months ago, and the cost to the taxpayer would have been significantly reduced.
The problem is that policies making civil and criminal Legal Aid available for the working poor, seniors, students and those on income assistance are at the bottom of the priority list across Canada . The common denominator seems to be costs. Accessibility to Legal Aid is a budgetary matter and budgets determines one's eligibility, not justice.
Justice Minister Stephen Horseman must order changes to Legal Aid that will make it easier for New Brunswickers to qualify for assistance and get the necessary representation to resolve their legal issues.
If not, we will have more poor people tying up the courts and costing the taxpayer tens of thousands of dollars for cases that could be resolved quickly and easily with a Legal Aid lawyer.
Good information. The public needs to be aware of how the system is not working and how badly it is run.
ReplyDeleteThe whole point is the establishment agenda to tie up the courts and fill the jails with low income persons. They are justifying the salaries paid to judges, cops, politicians, lawyers and jail staff. The governments across the developed world are doing it. Public service jobs create massive employment and an illusion they are necessary must be maintained. The Minister of Justice we now have is part of the problem, not the solution. Don't hold your breath for him to coming running to the aid of people, whose Charter rights and freedoms are routinely violated by his FPF cop friends. People have to start getting real - government is self serving, not public serving.
ReplyDeletejess all of the above comments plus , the real motive here is to shut him up , discerdit him at any cost, just eliminate him . hes saying what a lot of us think yes even middle class , any class , how do u dare question our authority, they need drug and sicological testing, he ll they do that to us on construction sites and we are not driving 100 miles an hour to give a 50 dollar ticket , and we dont have loaded guns , u want to hope he didnt have a bad day or burnt toast
ReplyDeleteHey if they do not have the $$$ then let students lawyer do some practice.
ReplyDeleteAny good students would love to have a win against a seasoned lawyer. Yes if I was a student I would take that case and would beat this case for sure even if it is corrupt. Past cases would have had honest justice at one time and I would bring all all the cases who were honest.
First you have a corrupt City so who is responsible for this situation where everyone is shocked for sure. Police chief? Mayor & councillors or those in charge of the so call justice system which is liberal government.
Are the liberals trying a revenge on you Charles or police chief or ???
Man you have a lot of dirty dishonest people after you.