Discrimination based on class and lack of legal representation

Definitions and Key Terms:

Discrimination: Discrimination refers to the unjust or prejudicial treatment of individuals or groups

based on certain characteristics such as race, gender, class, or socioeconomic status.
Class Discrimination: Class discrimination occurs when individuals are treated unfairly or
disadvantaged because of their social or economic status.
Legal Representation: Legal representation involves having access to legal counsel or assistance in
legal matters to ensure fair treatment and protection of rights.
Self-represented litigants: Persons who appear in court without representation from a lawyer.
Conditional sentence: An imprisonment (jail) sentence, except that the offender serves the sentence
outside of jail, under strict, jail‑like conditions
The Crown: When referring to the prosecuting authority in court, "the Crown" represents the state's
interests in bringing legal action against the defendant.
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CANADIAN LAW:

Duty Counsel Services: Lawyers who provide free legal advice and assistance to individuals
who appear in court without representation, particularly in criminal and family law matters.
Duty counsel can help individuals understand their legal rights, provide guidance on court
procedures, and negotiate with opposing parties or prosecutors on their behalf.
Pro Bono Legal Services: Many law firms and individual lawyers in Canada offer pro bono
which are free or reduced-cost legal services to clients who cannot afford traditional legal
representation.
Pro bono work helps bridge the gap in access to justice for low-income individuals and
ensures that they receive competent legal assistance.
Guides for self-represented litigants (handbooks): The handbooks make it simple for
self-represented litigants to access information for each province and territory in both official
languages on how to prepare for a hearing, the applicable rules and law, where to find free or
lower cost legal help and related resource agencies, among many other things.
Online advice: Online books, articles, and websites that guide individuals and prepare
individuals for certain situations.
LEGAL AID:
Legal Aid Ontario provides legal help for financially eligible low-income Ontarians.
Since forming under the Legal Aid Services Act of 1998, LAO has become a vital part of a
strong justice system, providing high-quality legal services in:
Family law , refugee and immigration law, criminal law, mental health law

Their services include:

- A toll-free telephone line that offers 20 minutes of free legal advice for family law
matters
- Same‑day courthouse services including duty counsel (lawyers)
- Paralegals, and court workers, staff lawyers who represent
- Representation by a private lawyer through our certificate program
- Web-based information and referrals
Class actions: Class actions are legal proceedings brought by plaintiffs on behalf of a wider
group of people against specific individuals or businesses. Class actions aim to compensate
plaintiffs for losses they have suffered, typically with financial compensation.
Contingency fees: A lawyer may be paid a contingency fee in exchange for their legal
services. A contingent fee contract gives lawyers a portion of the money their client earns
when they win or settle a lawsuit, as opposed to a set hourly rate.
Human Rights Tribunals: Whether someone's human rights have been violated is
determined by the Human Rights Tribunal of Ontario (the "Tribunal"). You have the option to
submit an application to the Tribunal directly if you believe that your rights under the Code
have been violated. The Tribunal will determine the best course of action for handling your
case.
Provincial Ministries such as the Ministry of Labour:
In Ontario, the Ministry of Labour is responsible for establishing and enforcing employment
standards, preventing diseases, injuries, and fatalities at work, and managing workplace
conflicts. It seeks to maintain peaceful workplaces throughout the province on behalf of both
businesses and employees.

DISCRIMINATION
There are things in the way of a fair and just legal system. This includes:

● Insufficient funding for legal aid programs: limits access to justice for marginalized
communities.
○ When legal aid services are underfunded, low-income individuals may struggle
to find representation or receive adequate legal assistance.
● Civil Forfeiture: Civil forfeiture laws allow law enforcement to seize property
suspected of being involved in a crime, often without requiring
a criminal conviction.
○ This disproportionately affects low-income individuals who may lack the
resources to fight for the return of their property.
● Access to Legal Representation: In many legal systems, individuals
with lower socioeconomic status struggle to afford legal representation.
○ This can lead to unequal treatment in the legal process.
● Pretrial Detention and Bail: People from disadvantaged backgrounds may be more
likely to be before trial due to inability to pay bail. This can result in prolonged pretrial
detention and pressure to accept plea deals, even if they are innocent.

CASE:
● The accused was convicted of possession of 300 cartons of contraband
cigarettes.
○ The Excise Act imposed a minimum penalty of $0.16 per cigarette, or
$9,600.
● The trial judge came to the conclusion that the accused would not be able to
pay such a large fine in the near future and was not able to do it immediately.
Additionally, the trial judge believed that imprisonment of any kind would not
be appropriate in this particular circumstance. He came to the conclusion that
 a conditional sentence would be appropriate because there is no system in
Ontario that allows offenders to "work off the fines." He also felt that
imprisoning the accused in default of paying the price would not be just.
● The accused was fined $9,600, given no grace period, and because of being
unable to pay right away, he was granted an immediate 75-day conditional
sentence to be served in the community, or at home, under a daily curfew of 6
p.m. to 6 a.m., with the exception of absences necessary "for employment,
medical, dental, or worship." A two-hour extension of his freedom was granted
to him on either Saturday or Sunday.

Main issue:

● There are two issues raised by the penalty in Wu. First the fine, although high
for Wu, may not be a disincentive for other people who attempt to sell
contraband cigarettes. Is a $9600 fine enough of a deterrent. The second issue
Wu was given a conditional sentence which amounts to a form of
imprisonment. This seems too severe a penalty compared with a person who
was simply able to pay a fine.
○ An honest inability to pay a fine is not a good reason to put someone in
prison. One type of imprisonment is a conditional sentence. The order
of imprisonment should not be issued unless the Crown can
demonstrate that the defaulter has "without reasonable excuse, refused
to pay," as defined by the rules regulating the use of warrants of
imprisonment in situations where the court has placed fines.
● An offender should be allowed a fair amount of time to pay a fine if they are
unable to do so right away. Additionally, the offender might be qualified for
local programs that offer the option to pay a fine in part or in whole in
exchange for credits earned for work completed within a two-year term (s.
736).
○ In the event that there is a default, the Crown can use several legal
options, including recording the unpaid fine with the civil courts or
suspending licenses or additional assets until the whole amount is paid.
Imprisonment is a limited choice that comes with significant
drawbacks.
● The judge is not required to allow time for payment.
○ However, in this case, the trial judge did not really ever contemplate
imposing the minimum fine along with a time for payment and a
period of imprisonment in the event of default.
● Knowing that the offender did not have any money, the judge could order
imprisonment in default of payment of the fine.