The primary objective of a new Legal Care Policy for Canada, in which necessary or required legal services would be covered by a provincial or territorial insurance plan, instead of pay per service and conditionally accessible legal aid, is to prevent litigation, protect individuals and promote better access to justice for all Canadians, without financial or other barriers.
The public administration of legal services within the Canadian justice system, would require provincial and territorial legal insurance plans to be administered on a non-profit basis, by a public authority responsible to the provincial government. A publicly funded justice system only applies to the administration of the insurance plan and what it covers, on an as legally needed or required; it does not mean that legal services cannot be delivered by private entities as long as insured persons are not charged for these services.
Asking for Comprehensive Civil Justice, that is Preventive and Protective in Scope and Substance A comprehensive justice system requires that all insured legal services, which are legally necessary or required for the prevention of harms and the protection of a person's civil rights, notably as regards a person's physical, moral and material integrity, be insured by the provincial or territorial legal insurance plan.
A universal justice system requires that all insured persons, this means; one hundred percent of individuals residing in a province or territory, be entitled to insured legal services on uniform terms and conditions.
A corruption free justice system is one in which public officials, the judiciary, and legal services providers are free of bribery and improper influence by private interests, including their own. It is also a system in which officials and providers are not tied, directly or indirectly, with organized crime.
An accessible justice system requires that a province or territory provide reasonable access to insured legal services on uniform terms and conditions, and this, without financial or other barriers.
A portable justice system restricts the maximum period of residency required to be eligible for insured services in three months, and sets out requirements relating to payments for insured legal services provided to insured persons outside the province or territory.