prove the quality of its citizens, physically, mentally and morally, is clear; but the individual has certain fundamental rights which must be respected. The protection of the Constitution extends to all-to those who speak other languages as well as to those born with English on the tongue. Perhaps it would be highly advantageous if all had ready understanding of our ordinary speech, but this cannot be coerced by methods which conflict with the Constitution-a desirable end cannot be promoted by prohibited means." * * "The power of the state to compel attendance at some school and to make reasonable regulations for all schools, including a requirement that they shall give instruction in English, is not questioned. Nor has challenge been made of the state's power to prescribe a curriculum for institutions which it supports. Those matters are not within the present controversy. Our concern is with the prohibition approved by the Supreme Court. * "We are constrained to conclude that the statute as applied is arbitrary, and without reasonable relation to any end within the competency of the state." How very much stronger is the case of the French language in Canada, where it is the language of the pioneers and of one-third of the whole population, as well as one of the official languages of the country! If the prohibition of a foreign language, like the German language, in a state of the American Union, constitutes a violation of liberty and of fundamental rights and of the provisions of Magna Charta, must it not a fortiori be a much more grave violation of liberty when resorted to in one of the provinces of the Dominion with regard to one of its official languages? It has often been said that in the Province of Ontario it was not the intention of the Legislature or of the Educational Authorities to prohibit the use or teaching of the French language in any of the schools of that province. If such is the case, since the regulation complained of does so prohibit, and is in violation of fundamental and essential rights and of liberty, may not the aggrieved minority of that province and of certain other provinces of Canada be permitted to entertain the hope that a proper and sufficient remedy will be forthcoming at an early date to remove the injustice caused to such minorities? Ottawa. N. A. BELCOURT. LEGAL AID SOCIETIES. In perusing the articles which have appeared recently in the CANADIAN BAR REVIEW, I am struck with the interest which is being taken in the future outlook of the profession, both in the United States of America and in Canada, and it has occurred to me that if some discussion could be promoted through the medium of your publication on a subject which is attracting some attention in the States, the Bar of Canada as a whole might be induced to pursue the course which to me appears to be the only logical one open to it at the present time. I refer to the movement in the States to establish an international association of legal aid societies. This movement seems to be the natural outcome of the amount of social service work which is being undertaken among the citizens of all communities, either as governmental undertakings or under the auspices of private and voluntary social workers. This work is reflecting the trend of thought all the world over, whereby society as a whole is realizing its obligation to the less fortunate members to provide them with the benefits for which society is organized, for twofold reasons-one, so as to prevent the unfortunate member from drifting down too low in the social scale and thereby becoming a danger to the rest of society and a greater expense ultimately to society, and two, to make such member of society feel that there is somebody else who cares for him and that he is therefore not exactly an outcast, but has his place in the proper scheme or organized society. Those of us who are in contact through our official positions with members of society who are receiving assistance through social service organizations have at times found it increasingly difficult to get the full benefit of such service, owing to the fact that that type of person is only too frequently in a position wherein he requires legal assistance, but is unable to get it. The work of the social organizations is often wasted owing to the hopeless and morbid outlook which is induced by the absence of proper legal assistance to the subject of relief in certain peculiar situations. It is felt that in the interest of society as a whole, each member of society should cultivate and be assisted in cultivating not only a wholesome respect for the law, but an admiration of the law, and this cannot be attained unless each person is led to feel that the law is available for him the same as it is at the disposal of the more fortunate members of society. It so fre quently happens that in some communities, men who have votes are told that they have a right to have a share in the government of the country and in making the laws of the country, yet, owing to their lack of means, are unable to reap the benefit of the laws of the country which they are told they have a share in making. Such a position would appear to be against the interests of any community, yet we realize that it does exist. I read in a recent issue of the REVIEW an address of the Dean of Columbia Law School on "Some Phases of American Legal Education," and in the course of his address he said that in the nineteenth century there was a reaction against the Bar in the United States as an aristocratic institution, which reaction found expression in the lowering or abolition of the Bar admission requirement and the establishment of a system of selecting judges by popular elections. Both of these contingencies were being deplored by him, and would be deplorable in any community. He advocated that the American Bar Association should follow the lead of the American Medical Association; and that has given me the idea that the Canadian Bar Association has an opportunity to take some action somewhat in keeping with the action of the medical profession. As is well known, the medical profession has provided free medical clinics in every community, and also free dispensaries of medicines to those who cannot afford to pay for the supplying of either medical attention or drugs. From time to time we have noticed throughout the provinces of Canada, legislation being introduced by the Provincial Legislatures, providing for the citizens getting the benefit of the law without having to pay for any expert advice. Note, for instance, the Workmen's Compensation Acts, the Minimum Wage legislation and Fair Wage Schedules. Recently in Manitoba certain exemptions from distress in cases of arrears of rent have been introduced, so as to protect the home of the poverty-stricken; but so far as I have been able to ascertain, nothing has been done by either the Canadian Bar Association or any of the Provincial Bar Associations to place the benefit of the services of the legal profession at the disposal of those who are unable to pay for same. There is machinery whereby some of these people get the benefit of legal advice free. I know, for instance, in the City of Winnipeg, where the matter comes under my special attention, cases are sent to the City Law Department from the Social Welfare Commission of the city, and although it is not supposed officially to be part of the Law Department function's to render legal assistance, a practice has grown up whereby advice is always given and the parties directed in the proper course of action, the free assistance being given upon the report of the Social Welfare Commission that it is a case in which the party cannot afford to pay for legal advice. Unfortunately for the client, the staff of the Law Department cannot appear in court and cannot actively and openly identify themselves with the case, except under the fiction of attempting to prevent the client becoming a charge upon the city, and in any event has to stop short at the point just where pressure is so often needed,—that is, at the point of bringing an action. I assume that similar work is done in other cities by their law departments, but I feel, and I am sure that others in my position feel, that our effort is very inadequate. In the United States of America there are a number of what are known as "Legal Aid Organizations" which do this work, acting in conjunction with the different State Bar Associations. There was a Convention of the National Association of Legal Aid Organizations held in the United States in June, last year, called to organize an international association, to which I was invited, but was not able to attend. At that meeting there was read a letter from Judge Edward A. Parry, an English County Court Judge, who has written a very interesting book entitled "The Law and the Poor." In his letter to the Association he says: "A certain amount of practical work is done by different institutions in England, but the scattered institutions and various systems have not as yet been co-ordinated on a national basis, so that I must admit that you are setting us a good example and humbly recognize that you are marching in the vanguard of this important social reform." The work to which he refers, I take it, is that done by what are known in England as the "Poor Men's Lawyer Societies" attached to university settlements, which do good work in advising the poor, but, like the work which my department does, it falls short of taking the poor man's case into court. Judge Parry says that there should be an official department with a business head of affairs and attached lawyers, and recommends that in England it should be added to the duties of the labour exchanges as a department of the Board of Trade, with branches throughout the country and power to help the poor in all the courts of the country. I have had the pleasure of reading his book, and have found it extremely interesting. He deals with the position of the poor people in landlord and tenant cases and in matrimonial cases, and I find that he certainly has a thorough grasp of the problems which confront the poor people. His book illustrates the fact that in some respects the French are ahead of the British (and I would include the Canadian) communi ties in so far as assisting the poor people is concerned. The same thing applies to Germany and the Netherlands. In Scotland there is a wellknown society which is known as the "Poor's Court", which is said to have existed since 1424, and which has developed into a more recent institution, the details of which have been given me by a Scotch lawyer from Edinburgh, and which is described by him as follows: "More recently it was found that the work of these lawyers could be materially lightened and a further service rendered to the poor if there were some body to which they could go for legal advice with reference to succession, matrimonial or landlord and tenant disputes, where resort to the Courts was not likely to be necessary or the matter too trifling for such procedure, but nevertheless of anxious moment to the parties involved. This led to the formation of The Edinburgh Legal Dispensary.' This is a society formed along the same lines as the medical dispensaries common all over England and Scotland. The membership consists of lawyers principally and others interested in the welfare of the poor. The fee for membership is very nominalsufficient to cover the rent of rooms and other necessary outlays only. The active members are young lawyers and law students, who have access to the older members of the profession for guidance in cases of difficulty. On certain nights in the week the rooms are open to the public and the members attend in rotation to hear the troubles of the poor and advise them, and, where necessary, enter into negotiations with, say, grasping landlords, harsh employers or erring husbands or wives. Probably the majority of the cases are of a family nature, frequently capable of adjustment. Should litigation appear desirable, the information received is passed on to one of the Poor's Solicitors." I find that the Illinois Bar Association has an interesting plan which is has recently devised-"The State Bar Association invites the social service organization to call for legal help and, in turn, the local Bar Association agrees to furnish the local social service body with a list of members who will contribute services without charge. The State Bar Association furnishes order blanks for use by the social agencies, and it is my understanding that someone from the social agency hands out an order blank to the client before the client goes to the lawyer for assistance. The case is then sent to a member of the Bar, and the member of the Bar who does the work will make a notation on this order blank and see that the blank is returned to the social agency so that they can have a follow-up system. The social agencies, or rather the secretaries of the social agencies, will issue |