Factum of the Intervenor: Charter Committee on Poverty Issues in J.G. v. Minister of Health and Community Services (N.B.) et al. (Supreme Court of Canada)

Abstract

The Charter Committee on Poverty Issues (CCPI) submits that both child protection proceedings and the denial of legal aid disproportionately affect people in poverty, and marginalized women in particular. Section 7 must be read to impose an obligation on the State to ensure that disadvantaged members of society, who cannot afford counsel, receive equal access to a fair hearing in proceedings affecting their liberty and security interests. In the present case, it was fundamentally unfair to force the Appellant to defend herself in a child protection hearing. Without effective legal representation by counsel, the Appellant was denied the fair and equal treatment upon which the legitimacy of the judicial system and child protection proceedings depend. The denial of legal aid based on budgetary or administrative considerations alone cannot be justified under section 1 of the Charter. Furthermore, the categorical denial of legal aid to a poor parent in child protection cases does not minimally impair a parent's Charter right to liberty and security of the person.