generally, the question of payment for interpreter services has been resolved by Regulation as it pertains to the Ontario courts, in the case discussed below, and it is difficult to Duong distinguish the human rights obligations of courts and administrative tribunals in this respect. Second, there is electronic access to information through tribunal websites, including web access for users who are blind or visually impaired. Third, there is the extent and quality of the information that is available: for example, legislation, case law, plain language guides, formal guidelines, rules, procedures, FAQs, practice directions. Information must be simplified in order to be understandable to the wide range of tribunal users. While some tribunals have been reluctant to make prior decisions available for privacy reasons, it is difficult to reconcile that position with transparency, accountability and public access. 4. Resources The inability to afford legal representation is the principal flashpoint that has dominated the public access to justice discussion. From the foregoing it will be clear that this is by no means the only issue that must be confronted to increase access to administrative justice. Nevertheless, several strategies are available in this area. Legal advice or representation are available before several administrative tribunals through legal clinics, Pro Bono Students Canada, the Advocates’ Society, Pro Bono Law Ontario, the Human Rights Legal Support Centre, Legal Aid certificates, or duty counsel. Advance cost orders to be paid by an opposing party or proponent may be available under the tribunal’s rules. Many tribunals have the authority to award costs at the conclusion of proceedings. Again, there are complex policy and access to justice issues that arise in balancing the disincentive that is created by the spectre of an adverse cost award with the availability of such compensation to facilitate cases that would otherwise not be brought.
generally, the question of payment for interpreter services has been resolved by Regulation as it pertains to the Ontario courts, in the Duong case discussed below, and it is difficult to distinguish the human rights obligations of courts and administrative tribunals in this respect. Second, there is electronic access to information through tribunal websites, including web access for users who are blind or visually impaired. Third, there is the extent and quality of the information that is available: for example, legislation, case law, plain language guides, formal guidelines, rules, procedures, FAQs, practice directions. Information must be simplified in order to be understandable to the wide range of tribunal users. While some tribunals have been reluctant to make prior decisions available for privacy reasons, it is difficult to reconcile that position with transparency, accountability and public access. 4. Resources The inability to afford legal representation is the principal flashpoint that has dominated the public access to justice discussion. From the foregoing it will be clear that this is by no means the only issue that must be confronted to increase access to administrative justice. Nevertheless, several strategies are available in this area. Legal advice or representation are available before several administrative tribunals through legal clinics, Pro Bono Students Canada, the Advocates’ Society, Pro Bono Law Ontario, the Human Rights Legal Support Centre, Legal Aid certificates, or duty counsel. Advance cost orders to be paid by an opposing party or proponent may be available under the tribunal’s rules. Many tribunals have the authority to award costs at the conclusion of proceedings. Again, there are complex policy and access to justice issues that arise in balancing the disincentive that is created by the spectre of an adverse cost award with the availability of such compensation to facilitate cases that would otherwise not be brought.
CJALP%20checklist%20on%20access%20to%20admin%20justice_6181046%20%282%29.docx