In Canada, responsibility for criminal justice is shared between the federal government for criminal law making and criminal procedure and the provincial and territorial governments for the administration of the justice system, outside of criminal prosecutions in the territories which are a federal responsibility. Given these authorities under the Constitution, both levels of government have a mutual interest in working together to ensure a fair, relevant, and accessible system of justice.
Legal aid is one component of the legal system and it is essential to fulfilling the government’s obligations under the Canadian Charter of Rights and Freedoms including the right to a fair trial (section 11(d)); to life, liberty and security (section 7) and to equal protection and equal benefit of the law (section 15). Legal aid helps to ensure effective and fair representation in the criminal justice system and it is necessary to address the imbalance of power by ensuring that economically disadvantaged individuals have equal access to justice in our society.