I am proposing a few questions to the board soliciting opinions as to what role Legal Aid Ontario as a publicly funded not-for-profit organization in the Province of Ontario should play in Family Law.
This is all predicated on the observations of the Honourable Justice Pazaratz in the often cited case law on this cite, court rooms today and public media:
Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
Docket: F2172/09
URL: CanLII - 2011 ONSC 7476 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
The area of focus being if Legal Aid Ontario contains systemic issues in relation to their governing Act (Legal Aid Services Act, 1998) Legal Aid Services Act, 1998, S.O. 1998, c. 26 namely in that:
My subjective observations of LOA:
1. Legal Aid Ontario is a publicly funded not-for-profit organization contributing funding only to one party to a litigation before the court.
2. Legal Aid Ontario is not publicly accountable to how the funds provided to litigants is determined for certificates and other services as Rule 89.(1) of their Act makes the financial determinations “privileged”.
3. Legal Aid Ontario is a publicly funded organization providing financial support for only one resident in the litigation possibly providing “wings”.
4. Legal Aid Ontario, an organization to provide low income citizens of Ontario with financial support is providing medical information on “intimate partner abuse” at “Family Law Information Centres” and various organizations yet, has possibly no registered clinicians in the areas of mental health (social workers, psychologists, psychiatrists, et all...) on staff or contributing to this material and information.
5. Legal Aid Ontario does not distribute information regarding false allegations of intimate partner abuse and the consequences of these allegations in conjunctions with the information they are providing.
6. Legal Aid Ontario is a financial organization and not registered as a medical information provider, hospital or mental health service provider.
My questions:
(a) Should Legal Aid Ontario, as requested by the Ontario Ombudsman, be required to remove Rule 89 to insure that the public moneys given to them to conduct their business be properly assessed, as with other government agencies?
(b) Should Legal Aid Ontario be permitted to provide mental health literature, instruction and information regarding intimate partner abuse at all? Is it within their mandate of operations to do so?
(c) Should Legal Aid Ontario be required to provide mental health information (or have integrated with existing information) regarding false allegations of intimate partner abuse and child abuse and the repercussions of such allegations?
(d) Should Legal Aid Ontario be required as clearly stated in Rule 13 of the Family Law Rules to require “full and frank” financial disclosure of Applicants and be permitted the ability on application by any potential client to retrieve a full credit history, all account information, tax records and other information required under Rule 13 of the Family Law Rules?
(e) Should Legal Aid Ontario even be providing financial support in Family Law matters at all which is a dispute between two citizens and not a citizen and the crown and/or private or public organization? Does Legal Aid Ontario's financial support at all violate the charter of Human Rights in Ontario (or federally) by providing services to only one of the litigants? (“Does Legal Aid give you wings?”)
(f) Should Legal Aid Ontario be accountable for funding frivolous and vexatious litigation in Family Law?
(g) Should Legal Aid Ontario be allowed to conduct “Settlement Conferences”, mediate any matter, etc...? Does Rule 89 of their own governing Act make them a biased party if conducting a “Settlement Conference” as the person conducting the “Settlement Conference” is an employee of Legal Aid Ontairo and governed by Rule 89?
(h) What is your experience as a litigant either as a person who has a certificate holder or a litigant who faced with opposing counsel financed by Legal Aid Ontario?
I kindly ask that prior to responding you read the above linked case law and the Legal Aid Ontario Act provided.
Thank-you!
Tayken
This is all predicated on the observations of the Honourable Justice Pazaratz in the often cited case law on this cite, court rooms today and public media:
Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
Docket: F2172/09
URL: CanLII - 2011 ONSC 7476 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Originally posted by Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Originally posted by Legal Aid Services Act, 1998
1. Legal Aid Ontario is a publicly funded not-for-profit organization contributing funding only to one party to a litigation before the court.
2. Legal Aid Ontario is not publicly accountable to how the funds provided to litigants is determined for certificates and other services as Rule 89.(1) of their Act makes the financial determinations “privileged”.
3. Legal Aid Ontario is a publicly funded organization providing financial support for only one resident in the litigation possibly providing “wings”.
4. Legal Aid Ontario, an organization to provide low income citizens of Ontario with financial support is providing medical information on “intimate partner abuse” at “Family Law Information Centres” and various organizations yet, has possibly no registered clinicians in the areas of mental health (social workers, psychologists, psychiatrists, et all...) on staff or contributing to this material and information.
5. Legal Aid Ontario does not distribute information regarding false allegations of intimate partner abuse and the consequences of these allegations in conjunctions with the information they are providing.
6. Legal Aid Ontario is a financial organization and not registered as a medical information provider, hospital or mental health service provider.
My questions:
(a) Should Legal Aid Ontario, as requested by the Ontario Ombudsman, be required to remove Rule 89 to insure that the public moneys given to them to conduct their business be properly assessed, as with other government agencies?
(b) Should Legal Aid Ontario be permitted to provide mental health literature, instruction and information regarding intimate partner abuse at all? Is it within their mandate of operations to do so?
(c) Should Legal Aid Ontario be required to provide mental health information (or have integrated with existing information) regarding false allegations of intimate partner abuse and child abuse and the repercussions of such allegations?
(d) Should Legal Aid Ontario be required as clearly stated in Rule 13 of the Family Law Rules to require “full and frank” financial disclosure of Applicants and be permitted the ability on application by any potential client to retrieve a full credit history, all account information, tax records and other information required under Rule 13 of the Family Law Rules?
(e) Should Legal Aid Ontario even be providing financial support in Family Law matters at all which is a dispute between two citizens and not a citizen and the crown and/or private or public organization? Does Legal Aid Ontario's financial support at all violate the charter of Human Rights in Ontario (or federally) by providing services to only one of the litigants? (“Does Legal Aid give you wings?”)
(f) Should Legal Aid Ontario be accountable for funding frivolous and vexatious litigation in Family Law?
(g) Should Legal Aid Ontario be allowed to conduct “Settlement Conferences”, mediate any matter, etc...? Does Rule 89 of their own governing Act make them a biased party if conducting a “Settlement Conference” as the person conducting the “Settlement Conference” is an employee of Legal Aid Ontairo and governed by Rule 89?
(h) What is your experience as a litigant either as a person who has a certificate holder or a litigant who faced with opposing counsel financed by Legal Aid Ontario?
I kindly ask that prior to responding you read the above linked case law and the Legal Aid Ontario Act provided.
Thank-you!
Tayken
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