scholarly journals The 2010 Amendments and Hryniak v Mauldin: The Perspective of the Lawyers Who Have Lived Them

2020 ◽  
Vol 37 ◽  
pp. 21-67
Author(s):  
Gerard J. Kennedy
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
Civil Justice ◽  
Procedural Law ◽  
Culture Shift

Through a survey of 90 lawyers with litigation experience, the author sought to determine the effects of recent amendments to Ontario procedural law [2010 Amendments] and a leading Supreme Court of Canada case [Hryniak] interpreting those amendments. The results were mixed. Most respondents viewed Hryniak and the 2010 Amendments as, overall, positive. But this was hardly a unanimous view. While Hryniak has certainly had effects, most respondents viewed the effectiveness of Hryniak and the 2010 Amendments to be limited, as other factors have intervened or remained as access to justice obstacles. While there was some perception that a culture shift has begun to emerge, the extent of that culture shift has been restricted. The responses did not lack all hope, but they ultimately suggest that the battle for access to civil justice must continue to be waged on multiple fronts.

Inside the Judicial Mind: Exploring Judicial Methodology in the Mixed Legal System of Quebec

2013 ◽  
pp. 1-20 ◽  
Author(s):  
Rosalie Jukier
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Influential Factors ◽  
Institutional Setting ◽  
Supreme Court Of Canada ◽  
Civil Justice ◽  
Procedural Law ◽  
The Supreme Court ◽  
Civil Justice System

This article explores judicial methodology in the mixed legal system of Quebec and examines, in particular, how the nature of its legal system as a mixed legal system influences the judicial methodology of its judges, especially with respect to the de facto use of precedent. Features of the mixity, including the institutional setting of Quebec courts as courts of inherent jurisdiction, the nature of Quebec’s civil justice system and procedural law, as well as the judicial role and the effect of a supreme precedential authority (in the Supreme Court of Canada) are examined in turn as influential factors.

scholarly journals PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia)

2017 ◽  
Vol 6 (3) ◽  
pp. 399
Author(s):  
Akmal Adicahya
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
State Law ◽  
Legal Aid ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Law Student

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice

Public Interest Standing, Access to Justice, and Democracy under the Charter: Canada (AG) v Downtown Eastside Sex Workers United Against Violence

2013 ◽  
Vol 22 (2) ◽  
pp. 21
Author(s):  
Dana Phillips
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Sex Workers ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
Downtown Eastside ◽  
The Supreme Court

In 2012 the Supreme Court of Canada issued itsdecision in Canada (AG) v Downtown EastsideSex Workers United Against Violence (SWUAV).1Th e case centered on whether or not thoseinvolved in protecting vulnerable sex workershave standing to challenge the criminalizationof prostitution-related activities on their behalf.SWUAV represents a signifi cant break with previousjurisprudence on standing: it saw the Courttransform its vision of public interest standing,viewing it for the fi rst time as an access to justiceissue.

scholarly journals Uniformity and Diversity in the Enforcement of Arbitration Clauses in Canada

2020 ◽  
pp. 111-121
Author(s):  
Geneviève Saumier
Keyword(s):  
New York ◽  
Supreme Court ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
Division Of Powers ◽  
The Supreme Court ◽  
Consumer Contracts ◽  
Local Courts ◽  
Model Law ◽  
New York Convention

Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each province to adopt its own policy, leading to diversity across the country with regard to the enforceability of arbitration clauses in consumer contracts. In this paper, the author examines the tension between general support for arbitration and differentiated treatment of consumer arbitration in Canada. To that end, the author examines relevant legislation in several provinces (including Quebec and Ontario) as well as recent jurisprudence from the Supreme Court of Canada (Dell Computer (2007), Telus (2011) and Wellman (2019)). The 2020 decision from the Supreme Court of Canada in Uber may signal a new openness toward extending protection to other vulnerable contracting parties such as employees.

Judicial Discretion as Political Choice: The Supreme Court of Canada's Costs Awarding Power

2018 ◽  
Vol 51 (4) ◽  
pp. 929-947
Author(s):  
Emmanuelle Richez ◽  
Erin Crandall
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Original Data ◽  
Access To Justice ◽  
Judicial Discretion ◽  
Supreme Court Of Canada ◽  
Discretionary Power ◽  
Data Set ◽  
Public Interest Litigation ◽  
The Supreme Court

AbstractThis article analyzes an important discretionary power of the Supreme Court of Canada, the ability to award costs. With the use of an original data set, we explore trends in costs awarding in public interest litigation at the Supreme Court from 1970 to 2012. Our findings suggest that, over time, the Court has tended to favour nongovernment parties over government parties where the former are less likely to pay costs when they lose and more likely to receive costs when they win. In these cases, costs orders were more likely to benefit public interest litigants, such as nongovernmental organizations, than individual litigants and businesses. Together, these findings suggest a sensitivity to access to justice concerns when making costs orders, though some may argue that this sensitivity by the Court does not extend far enough.

KONSEP PERADILAN SECARA ELEKTRONIK DI LINGKUNGAN PERADILAN TATA USAHA NEGARA

2019 ◽  
Vol 3 (1) ◽  
pp. 42
Author(s):  
Sudarsono Sudarsono
Keyword(s):  
Case Management ◽  
Supreme Court ◽  
Operating Procedure ◽  
Standard Operating Procedure ◽  
Appellate Court ◽  
Access To Justice ◽  
Procedural Law ◽  
The Supreme Court ◽  
Standard Operating ◽  
Judicial Implementation

AbstractOne of the major changes in case management carried out by the Supreme Court is the promulgation of the Supreme Court Regulation Number 3 of 2018 concerning Administration of Case in Court Electronically. Electronic Justice as stipulated in Supreme Court Regulation Number 3 of 2018 this is an attempt by the Supreme Court to address complaints in case management which is slow and long-winded trials, costly, difficulty for access to justice, until the low integrity of the judicial apparatus due to the opening of opportunities for maladministration in conventional (non-electronic) judicial implementation. As an institution that just runs, Electronic Justice is found several      problems, one of them is disharmony with the regulation of procedural law as stipulated in  egulation Number 5 of 1986, imperfect case administration, until the coverage of electronic justice which only covers lawsuit cases in the Administrative Court, cannot be applied to the Appellate Court or Cassation and Review. Based on these problems, this normative law research was carried out, the result of which was the need to issue a Standard Operating Procedure for Electronic Justice in the State Administrative Court and revise the Supreme Court Regulation Number 3 of 2018 by arranging case audits of Appeals, Cassation and Review are carried out electronically.  AbstrakSalah satu perubahan besar dalam manajemen perkara yang dilaksanakan olehMahkamah Agung adalah pengundangan Peraturan Mahkamah Agung Nomor 3 Tahun 2018 tentang Administrasi Perkara Di Pengadilan Secara Elektronik. Peradilan secara elektronik sebagaimana diatur dalam Peraturan Mahkamah Agung Nomor 3 Tahun 2018 ini merupakan upaya Mahkamah Agung guna mengatasi keluhan dalam manajemen perkara di pengadilan yang lambat dan bertele-tele, berbiaya mahal, sulitnya akses masyarakat untuk memperoleh keadilan, hingga rendahnya integritas aparatur peradilan akibat terbukanya peluang maladministrasi dalam pelaksanaan peradilan secara konvensional (non elektronik). Sebagai lembaga yang baru berjalan, pada Peradilan secara elektronik dijumpai beberapa permasalahan, antara lain disharmonisasi dengan pengaturan Hukum Acara sebagaimana diatur dalam Undang-Undang Nomor 5 Tahun 1986, Administrasi Perkara yang belum sempurna, hingga cakupan Peradilan secara elektronik yang hanya meliputi perkara Gugatan pada Pengadilan Tata Usaha Negara, belum dapat diterapkan pada peradilan tingkat Banding maupun Kasasi dan Peninjauan Kembali. Berdasarkan permasalahan tersebut, dilakukanlah penelitian hukum normatif ini, yang hasilnya adalah perlu diterbitkannya Standar Operasional Prosedur pada Peradilan secara elektronik di Pengadilan Tata Usaha Negara dan melakukan revisi atas Peraturan Mahkamah Agung Nomor 3 Tahun 2018 dengan mengatur pemeriksaan perkara Banding, Kasasi dan     Peninjauan Kembali dilaksanakan melalui Peradilan secara elektronik.

scholarly journals FORMATION OF THE NATIONAL DOCTRINE OF CIVIL PROCEDURE IN THE WORKS OF SCIENTISTS OF KYIV UNIVERSITY WITHIN UKRAINE'S INDEPENDENCE PERIOD

2021 ◽  
pp. 99-106
Author(s):  
Yu. Prytyka ◽  
I. Izarova
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
European Convention ◽  
Modern World ◽  
Access To Justice ◽  
Civil Justice ◽  
Procedural Law ◽  
Civil Cases ◽  
The Right ◽  
Settlement Of Disputes

The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING

2020 ◽  
Vol 9 (2) ◽  
pp. 275
Author(s):  
Dedi Putra
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Primary Data ◽  
Access To Justice ◽  
Judicial Reform ◽  
Legal Service ◽  
Literature Study ◽  
Face To Face ◽  
Legal Proceedings ◽  
Digital Era

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.

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