Friday, June 5, 2009

ACCESS TO JUSTICE ACCORDING TO GUY BABINEAU

ACCESS TO JUSTICE ACCORDING TO GUY BABINEAU

Guy Babineau was seven years old when events that occurring between 1952 and 1953 piqué his political interest resulting in his becoming a political activist in subsequent years. Born in a small French-speaking community in southeastern New Brunswick, he was not a loss for mentors in his earlier years. It should not come as a surprise that such an interest would lead to an interest in law. In 1969, he move to Toronto, Ontario.

This combine interest propelled him to appear before the Standing Committee on Justice Policy when Bill 14—Access to Justice Act, 2006 came before that Committee. His oral presentation before that Committee is found at:


http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?locale=en&Date=2006-09-14&ParlCommID=7429&BillID=284&Business=14#P892_256087

Base on his experience, he had come to the conclusion that seeding redress through court proceedings did not necessarily ascertained access to justice or that justice would follow from such activity. Not only is his role as a self-represented litigant in 1972 when he first filed a factum in the New Brunswick Court of Appeal or when his first appearance as an agent in 1965, he from the conclusion that access to justice had to be visited to ensure that justice was not denied to many litigants as a result of unscrupulous conduct of many members of various law societies in this country.

It is for this reason that when the McGuinty Administration failed to head to his concern, he decided to bring about a judicial review from the enactment of Schedule C of Access to Justice Act, 2006. Copy of is Application for Judicial Review issued by the Divisional Court of Ontario is found at the Paralegal Society of Canada at:

http://www.pscanada.ca/main/content/view/15/1/

An article was published in the THE LAWYERS WEEKLY, February 1, 2008 edition by Thomas Claridge: Paralegal group concerned about regulation and accreditation is found at:


http://www.capilanou.ca/AssetFactory.aspx?did=40348

In his application Guy Babineau is asking the Divisional Court to addressed the role that a provincial Lieutenant Governor is called upon to play when a Bill is presented for Royal assent pursuant to constitutional dictate setout in the Constitution Act, 1867 as well as a determination of the rights setout in section 15(1) of the Canadian Charter of Rights and Freedom based on the proper interpretation of the words used in that section. Base on this two pronged application Mr. Babineau is also seeking other relief.

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