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Which legal aid model allows clients to select their own lawyer and involves a legal aid certificate?
Legal aid programs in Canada have been stable in funding over the recent decades.
False
What are the benefits of the Public Defender Model?
Lawyers are employed by the provincial government on salary, leading to better representation and greater efficiency.
In the Mixed System, the legal aid recipient chooses from a panel of _______ lawyers or staff.
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Match the legal aid models with their descriptions:
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What is the primary goal of the Bail Reform Act passed in 1972?
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The bail hearing is considered the least important step for an accused person in the criminal process.
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What is one potential condition that may be placed on an individual who is released on bail?
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The _____ approach requires the prosecutor to justify greater degrees of restrictions on the accused during the bail hearing.
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Match the following components of the bail system with their descriptions:
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What is the main factor a prosecutor considers when deciding whether to proceed with a case?
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Name one of the guiding models used in the prosecutorial screening process.
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Plea bargaining is an agreement made by the accused to plead not guilty in return for some benefit.
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The __________ model focuses on the likelihood of a conviction as the primary reason to take a case to court.
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Match the following prosecutorial models with their descriptions:
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Study Notes
Legal Aid
- A government-supported system providing free legal services to individuals earning below a specific income threshold.
- A right recognized in Section 10(b) of the Canadian Charter of Rights and Freedoms, guaranteeing the right to retain legal counsel without delay.
- Historically, defense lawyers provided pro bono legal aid, driven by social responsibility.
- Formal legal aid programs emerged across Canada in recent decades, viewed as both a social welfare measure and a critical component of a functional justice system.
- Ontario became the first province to establish a legal aid program in 1967.
- In 1973, the federal government initiated funding for legal aid programs, leading to a shared funding responsibility between federal and provincial governments.
- Government funding cuts have resulted in increased financial burdens on provincial budgets.
Legal Aid Models
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Judicare Model: Used in British Columbia, Alberta, and Ontario, qualifying recipients receive certificates allowing them to select their own lawyer from a panel.
- Advantages include lower costs, consistent representation throughout a case, and the ability to choose a preferred lawyer based on individual needs.
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Staff System (Public Defender Model): Employed in Saskatchewan, Newfoundland and Labrador, Nova Scotia, and Yukon, lawyers are directly employed by the provincial government.
- Benefits include salaried lawyers, potential for collaboration within the system, and a more centralized approach that often leads to greater efficiency in case management.
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Mixed System: A combination of the Judicare and Staff System models found in Manitoba, Quebec, New Brunswick, Northwest Territories, Nunavut, and Prince Edward Island.
- Recipients have the option of choosing from a panel of government-salaried lawyers or private lawyers.
Legal Aid Challenges
- Decreased funding for legal aid programs has posed challenges to the system's effectiveness.
Self-Help Model
- Individuals are responsible for representing themselves in legal matters.
- Unbundled services allow for access to specific stages of the legal process without ongoing representation.
Prosecutorial Screening Process
- A crucial stage in the justice system where police officers lay charges, and the Crown prosecutor decides whether to proceed with a case.
- Many defendants are never brought to trial due to the screening process.
- Crown prosecutors have considerable discretion in deciding whether to charge, what charges to lay, and whether to reduce or drop charges.
- Factors influencing the prosecutor's decision include:
- Sufficient evidence.
- Case priorities.
- The accused's criminal history.
- Witness reliability.
- The credibility of victims.
- The potential for the accused to testify against someone else in another trial.
Guiding Models for Prosecutorial Screening
- Transfer Model: Cases are typically charged with minimal screening. Resource availability often plays a significant role.
- Unit Model: Prosecutors have more discretion, with less formal guidance on decision-making processes.
- Legal Sufficiency Model: Cases advance if sufficient legal grounds exist to support the charges.
- System Efficiency Model: Focuses on efficient case resolution, prioritizing cases with a high probability of success.
- Trial Sufficiency Model: Cases proceed if conviction is highly likely, even if resources are limited.
- Defendant Rehabilitation Model: Emphasizes the potential for the defendant's rehabilitation.
Plea Bargaining
- An agreement where the accused pleads guilty in exchange for specific benefits.
- The Law Reform Commission of Canada (1975) defines plea bargaining as "any agreement by the accused to plead guilty in return for the promise of some benefit."
Bail
- The Bail Hearing or Judicial Interim Release Hearing is a critical juncture for an accused person, often considered "the most important step" in the criminal process.
- The Bail Reform Act (1972) shaped the existing bail system in Canada, advocating for the release of suspects into the community pending trial, unless their detention is deemed essential to ensure court appearances.
- The "Ladder Approach" requires prosecutors to justify increasing levels of restrictions on the accused.
- Potential conditions of release upon bail include:
- Reporting to a police officer.
- Release on their own recognizance.
- Monetary deposits.
- Providing a surety—an individual responsible for monitoring the accused until trial.
- Most bail hearings are brief, with officers providing recommendations to Crown prosecutors based on proposed release conditions. Debates commonly focus on the specifics of release conditions rather than the release itself.
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Description
This quiz explores the history and development of legal aid in Canada, including key milestones such as the establishment of programs and government funding initiatives. It covers the rights guaranteed under the Canadian Charter of Rights and Freedoms and examines different legal aid models used across provinces.
