The Saskatchewan Legislature has passed The Fee Waiver Act. This Act will come into force once it is proclaimed. The development of this Act was a response to the Commission’s 2013 report: Access to Justice – Needy Person Certificates and Waiver of Fees: Final Report. The recommendations of the Commission in this report are intended to improve access to justice for the less advantaged members of our community through fee waivers.
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I am happy to hear Saskatchwan has enacted this legislation. Congratulations to everyone involved. I have a concern that the Law Reform Commission should be aware of if it is not already, is that when people apply for a Fee Waiver, they should not be subject to the motions from defendants for Security for Costs. In other words, if a low-income citizen initiates an action, they defendant should not be able to apply to the court to have the matter dismissed because the other party (applicant/plaintiff) does not have enough money to cover the potential costs of the defendant.
Is this automatically addressed or will it be in regulations?