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When a right is violated or damage is caused, the right to effectively access the courts is of fundamental importance for the injured individual and for the “enforcement of every legal right […] which exists under the rule of law.†Yet, while there is a strong legal argument to be made in support of the existence a fundamental right to access to justice, it is not an absolute right. In fact, the Charter does not provide a broad “right to counsel.†An individual may be self-represented if they cannot afford counsel, do not qualify for legal aid, and cannot convince the court that state-funded counsel is necessary for a fair trial.
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