Transgender Rights in Canada Samples †MyAssignmenthelp.com

Question: Discuss about the Transgender Rights in Canada. Answer: Unequal Access to Legal service in Canada- Rural residents, indigenous people are among the underserved. This article deals with the decline in the public support for the Canadian justice system, which has led to a devalued civil justice system that is not regarded as a fundamental aspect of the democratic system of the country. Despite strong support extended by Canadians for introducing publically funded legal aid system, individuals who access the system raise consistent concerns about the growing expense and inaccessibility of the ordinary people to the justice system[1]. Moreover, the inability to access the justice system in a meaningful way has an adverse impact apart from the legal issues that affect the health, life, housing and employment of the individuals who are engaged with the justice system. It is important to introduce measures to enable easy navigation of legal services. The legal services should more community-driven and coordinated with each other to enable the people, especially, the rural people, and aboriginals to have easy access to the legal system. Allison Fenske, an attorney with Public Interest Law Centre, shared his views regarding the unequal access to the justice system, asserts that in order to determine whether a person deserves to receive justice must not be based on the factors such as the residence of the person, the background of the person or the financial status of the person. Several groups of aboriginal and people residing in the rural areas often face significant hindrances to access the legal services or legal information. Such people include indigenous people, communities, female survivors of a family that suffered violence, indigenous people as well as people belonging to insecure employment and people suffering from disabilities. The report states that the most common factors that may hinder people to have access to the legal system include geographical location, poverty, language issues and cultural difference with the expectation to navigate the legal system effectively. As stated by Fenske, there are more than one thing that are at stake and it is not mandatory to solve any particular legal problems as for several people, it starts with the opportunity given to people to at least recognize that they are facing some sort of legal issues. There is a significant issue with the justice system of the country as it proves to be a disadvantage for people, the aboriginals and the socio-economically backward groups, in particular, as it disables them from having equal access to the justice system and denies their constitutional right to receive justice[2]. The courts are perceived as the most essential mechanism that is accountable for the non-compliance of the constitutional human rights exhibited by the Canadian Government. In regards to the persisting issue where the Constitutional and legal experts are urging the Liberal government to develop the Court Challenges Program to entail funding program for indigenous cases under section 35 of the Constitution, the liberal government has failed to undertake any such programs. The failure on part of the Liberal government to extend the Court Challenge Program to include pay for the indigenous cases that involves treaty rights which establishes the fact that the executive branch of government is failing to ensure equal justice to the people. Even the judiciary branch of government is failing to address the legal issues arising with respect to the non- compliance of such Constitutional rights. The court has been conferred with the power to ensure every person has an access to legal system and that they are administered justice. The non-compliance of the government with the humanitarian constitutional rights is breach of the powers conferred upon the government to ensure welfare and equality of the nationals. At present, the Canadian government is in a state where it purports to support Aboriginal rights. Moreover, the Minister of Justice being an aboriginal, it is expected that an additional step in implementing the Court Challenges Program in favor of the Aboriginal right cases. Given that the Prime Minister of the country have pledged to ensure a nation-to-nation relationship with the Aboriginal group of persons, the Court Challenges Program did not extend to cases dealt under section 35 of the Constitution which gives rise to a significant legal issue. The persisting exclusion of Aboriginal and treaty rights is contrary to the strict commitment of Canadas commitment to reconcile with its indigenous people. However, the Canadian government in its subsequent meetings has assured that Indigenous Canadians shall have access to the court to exercise their rights stipulated under section, 2, 3 and 7 of the Charter and interim costs shall be awarded under section 35 in appropriate cases. References Farrow, Trevor CW, et al. "Everyday Legal Problems and the Cost of Justice in Canada: Overview Report." (2016). https://www.cbc.ca/news/canada/manitoba/equal-access-justice-report-1.4404102 Sinclair, Raven. "The Indigenous Child Removal System in Canada: An Examination of Legal Decision-making and Racial Bias."First Peoples Child Family Review11.2 (2017): 8-18.