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Defending the Right to Legal Access: A Call for Justice and Accountability

  • Writer: Deanna Naveau
    Deanna Naveau
  • Feb 22
  • 3 min read

Did you know? The right to legal representation is a Fundamental Freedom that MUST be protected!

 

For generations, First Nations people in Canada have fought against systemic barriers that restricted their access to legal counsel. One of the most oppressive examples was the 1927 amendment to the Indian Act, which made it illegal for First Nations to hire lawyers to pursue land claims. This law was a deliberate tool of colonial control, designed to silence Indigenous voices and weaken their ability to seek justice. It was not repealed until 1951, but the damaging effects of legal suppression still linger today.

 

Why Legal Access Matters

History has shown that access to legal representation is not just a right—it is a necessity. It ensures fair treatment, protection of rights, and the ability to challenge injustices. Yet, even in modern times, Indigenous grassroots people still face barriers to legal advocacy.

 

Alarmingly, these obstacles sometimes come from within our own communities.

When those in leadership positions interfere with a person’s right to legal representation—whether through intimidation, coercion, or by influencing legal professionals—it echoes the same oppressive tactics that once stripped our people of their ability to fight for their rights. Such actions are not just unethical; they perpetuate cycles of harm and oppression.

 

Legal Protections Against Interference

Under Canadian law, every individual has the right to seek and retain legal counsel without interference. Any attempt to prevent, obstruct, or influence someone’s legal representation may fall under:

✔ Obstruction of Justice (Criminal Code, s.139): It is a criminal offense to interfere with legal proceedings or prevent someone from obtaining legal counsel.

✔ Breach of Trust (s.122): If a public official abuses their position to suppress legal action, they may be held accountable.

✔ Intimidation (s.423): Any form of coercion or threats to prevent legal action can lead to criminal charges.

✔ Fiduciary Duty Violations: Leaders have a responsibility to act in the best interest of their people. Any misuse of power that harms community members could result in legal challenges or removal from office.

 

Breaking the Cycle of Suppression

The ability to access legal representation is a fundamental right that should never be obstructed. If a person in a leadership role uses their position to suppress legal action, they are not only failing their community but potentially violating the law.

 

The legacy of legal suppression still affects First Nations today. Systemic barriers, power imbalances, and internal political pressures continue to make it difficult for some individuals to seek justice. But we are not living in 1927 anymore. The right to legal counsel is protected, and no one—especially not a leader—has the authority to take that away.

History has taught us that justice is something we must protect and demand at all levels. No one should ever be pressured, threatened, or coerced into silence. Legal representation is a right, not a privilege.

 

We Must Hold Leadership Accountable

We must remain vigilant and ensure that those in power are held accountable—not just by laws, but by the people they serve. When justice is denied to one, it weakens the rights of all.

 

Silence is complicity. Stand up, speak out, and demand accountability. Because when one of us is silenced, we all lose.

 


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