Rethinking the Welfare State: The prospects for ... - e-Library

Notes 235
92 William S.Strange, The Unintended Consequences of Housing Policy (Toronto: C.D.Howe
Institute, Backgrounder No. 75, September, 2003).
93 Priemus, Hugo, “Housing vouchers: a contribution from abroad,” in Steuerle et al. supra
note 80, p. 191.
5
Legal aid
1 The highly negative consequences that follow from a conviction for even a minor criminal
offence suggest that moral hazard in the form of covered individuals engaging in more
criminal activity because they are assured of representation would not seem to be a major
issue.
2 Legal Action Group, “The Scope of Legal Services,” in T.Goriely and A.Paterson (eds) A
Reader on Resourcing Civil Justice (Oxford: Oxford University Press, 1996) p. 75.
3 Ibid.
4 Griffiths, John, “The distribution of legal services in the Netherlands,” in ibid., p. 83.
5 Luban, David, “The right to legal services,” in ibid., pp. 39–65.
6 See, for instance, John Rawls, “Justice as fairness,” Philosophical Review, 67(2) (April,
1958), pp. 164–94, and his “A Kantian conception of equality,” Cambridge Review, 96
(2225) (February, 1975), pp. 94–9.
7 Michael Ignatieff, “Rights, recognition and nationalism,” in The Rights Revolution (Toronto:
House of Anansi Press, 2000), p. 125.
8 This section is largely based on Dyzenhaus, David, “Normative justifications for the provision
of legal aid,” Report of the Ontario Legal Aid Review: A Blueprintfor Publicly Funded Legal
Services, vol. I (Toronto: Ontario Government, 1997), p. 475.
9 See especially Thomas Hobbes, The Leviathan (Chapter 6, §. 140): “[T]he Command of the
Common-wealth, is Law only to those, that have means to take notice of it.”
10 Legal Services Corporation, “Suggested list of priorities for LSC recipients,” Federal
Register, 61(104) (May 29, 1996), p 26935.
11 Spiro Agnew, “What’s wrong with the Legal Services Program,” American Bar Association
Journal, 58 (1972), p. 930.
12 See Patricia Hughes, “The gendered nature of legal aid,” in F.H.Zemans, PJ. Monahan and
A.Thomas (eds) Report on Legal Aid in Ontario: Background Papers (North York, Ontario:
Osgoode Hall Law School, 1997), and Mary Jane Mossman, “Gender, equality, family law
and access to justice,” International Journal of Law and the Family, 8(357) (1994), pp. 365–
7.
13 See Janet Mosher, “Poverty law: a case study,” Report of the Ontario Legal Aid Review: A
Blueprint for Publicly Funded Legal Services (Toronto: Government of Ontario, 1997).
14 Griffiths, supra note 4.
15 For a discussion of the different structures of legal aid in various countries and jurisdictions,
see David Crerar, “A cross-jurisdictional study of legal aid: governance, coverage,
eligibility, financing, and delivery in Canada, England and Wales, New Zealand, and the
United States,” Report of the Ontario Legal Aid Review: A Blueprint for Publicly Funded
Legal Services (Toronto: Government of Ontario, 1997), p. 1071.
16 Consider, as a further example, the differences between the legal aid systems in the Canadian
provinces of Alberta and Saskatchewan. In Alberta, nearly all (99 percent) of legal aid is
delivered by private firms, whose fees are paid with certificates issued by the state to clients
who meet a means test. In direct contrast, in Saskatchewan almost 100 percent of legal aid is
delivered directly by provincially employed staff lawyers. Ibid., p. 1155. In the US, there are
also variations within individual states. For example, New York operates its legal aid system