IS THE RULE OF LAWTHE GOLDEN RULE? ACCESSING “JUSTICE” FOR CANADA’S POOR

Abstract

This article argues that in order for poor people to benefit from the right to access justice under the unwritten constitutional principle of the rule of law, courts must recognize that the rule of law permits a normative evaluation of the content of laws supported and informed by express Charter rights. Traditional criticisms of the boundless nature of the rule of law under such a construct can be foreclosed by grounding the rule of law in a requirement that law promotes justice. The author undertakes an extensive critique of the Supreme Court of Canada’s decision in British Columbia (Attorney General) v. Christie, and maintains that despite recent setbacks, possibilities remain for the rule of law to fulfill Dugald Christie’s quest of making the law accessible to the poor.