Friday, August 21, 2009

I just finished watching the "Fifth Estate" rerun of the interview with one of the young men who went to prison for pleading guilty to being accomplices of the man who killed the four RCMP officers in Meyerthorpe, Alberta.

Now, I'm not going to comment on the merits of the case and whether they should have pled guilty or not, but one thing that the young man said in the interview was that he pled guilty, in part, because he could not afford to do otherwise.

This comment has reinforced in my mind the vast difference that having money (or not) makes in the outcome of anyone's involvement as an accused in our so-called "justice system".

Imagine that you make $50,000 a year and are charged with a serious crime. You didn't do it but the police and Crown say you did. You now have a choice - you can resolve to fight the injustice by pleading "not guilty" and going to trial. This will cost you thousands and thousands and thousands of dollars with no guarantee of justice in the end. Or, you can plead "guilty", be sentenced quickly by a judge and hope to get out of prison after 2/3rds of your sentence has been served.

Now, imagine the same scenario, but you make $500,000 a year. You can afford to fight it. You can afford to hire the best lawyer and the better lawyer you hire, the better your odds are that justice will prevail.

No less than the Chief Justice of the Supreme Court, Beverley McLachlin, has said that the middle class in Canada is being hardest-hit in terms of dealing with the legal system, for two reasons: 1. They aren't "poor" by government standards and so can't obtain Legal Aid; and 2. They aren't rich so can't afford decent representation unless they put a second mortgage on the house, hock their children's university funds or cash in their retirement savings (see the transcript of her speech).

This problem is also creating a bigger backlog in the Courts (as if it can get worse!) because people are beginning to go to Court representing themselves. This, of course, is usually in civil cases, but it's not for the inexperienced or faint of heart. I know because I did it. I sued a company (I won, by the way) but the process is complicated and intimidating and most people simply give up in the effort.

Lawyers have to realize that, no matter how talented, $400, $600, $900 an hour is ludicrous no matter how talented the lawyer and the end result is a so-called "justice system" for the rich.

No comments:

Post a Comment