Chapter 9 Answers to "Test Your Knowledge" and "Questions for Critical Thought" questions

Access to Legal Representation and Social Services

Click on each question to check your answer.

Test Your Knowledge

1. What did Kelley-Moore and Schumacher’s (2006) study on elderly self-perception and the qualities that make one disabled reveal?

Loss of control and agency was positively correlated with identification as disabled, but varied and dense social networks dramatically reduced the self-perception of disability.

2. What are some barriers Indigenous Peoples face in accessing legal services?

Barriers include a lack of Indigenous lawyers, difficulty in accessing legal aid, language barriers, a lack of knowledge about the legal system, and living far away from legal services.

3. What are some barriers faced by immigrants in accessing social services?

Barriers include communication barriers, strict eligibility requirements, cultural barriers, and racial discrimination.

4. How have budget cuts in Canada limited battered women’s access to legal aid?

Budget cuts have eliminated legal aid for family and poverty law, two streams of law that are more often needed by women.

5. What are the similarities between legal and social services? What are the key differences?

Similarities: unequal access; forms of survival capital; funded by the government.
Key difference: legal services such as access to legal representation are constitutionally guaranteed, unlike social services.

6. Why don’t legal systems work the way they are “supposed to”? Why don’t bureaucracies work the way they are “supposed to”?

Legal systems see people as rational actors, when in reality, people often break rules and do not act in their own interest. Bureaucracies contain contending personalities, values, and interests, and are distorted by the values and goals of elected politicians.

7. Why did concerns about the gap between “ideal” and “real” legal services arise in the 1930s and then again in the 1960s? Why did they diminish or disappear during the 1940s and 1950s?

Concerns arose with the rise of civil rights protests throughout the West, a growing interest in how social inequality distorts the workings of the law and government, and the understanding that people and institutions often act irrationally. They diminished due to a lack of social disturbance and a dominant view of the legal system as rule-based and rational.

8. Think of some ways that greater cultural sensitivity might improve legal or social services for Indigenous Peoples, new immigrants, or other disadvantaged people.

Greater cultural sensitivity could reduce language barriers, promote greater social integration and feelings of acceptance, and provide more tailored support.

Questions for Critical Thought

1. Do you think there are enough social services in your community? If you answered no, what social services are missing?

This question asks you to draw upon your own experiences while referring to your broader community. Have you ever benefited from a social service or had a negative experience with a bureaucracy? How might increasing social services in your community improve your experience, or are needs for social services already being met? How might your community differ from others in terms of need for social services? Does your community contain vulnerable or disadvantaged populations that might require different or more social services than you? Strong answers will contain references to the context of your community.

2. Should undocumented or non-status immigrants and refugees be entitled to the social services and legal aid offered by the Canadian government? Explain why or why not.

You can consider how non-status immigrants and refugees are oftentimes the most in need of social and legal services. However, what does granting them entitlement to these services imply for permanent residents? What are the implications of providing services to undocumented people, and what are the implications of not doing so? Could providing services to undocumented people benefit Canadian society as a whole? You can consider both the moral and practical implications. Answers might require weighing ethics against feasibility concerns, such as the accessibility of undocumented people and the availability of government funding. 

3. Should families be obliged to take care of the elderly to lessen the burden on the Canadian government? Explain why or why not.

This question asks you to relate discussions in the chapter to your personal experiences. First, you can consider how elderly people might burden the government, and whether families are better suited for shouldering such burdens. How might families help carry some of the responsibility currently held by the government? Second, you can consider your own familial context. Does your family currently care for any elderly members? If so, what challenges do they face, and what are the benefits? If not, do they feel satisfied with the support provided by the government? Are there specific reasons why your family might not be suited for this responsibility?

4. Should companies be required to hire a certain number of Canadians with disabilities? Why or why not?

You can consider the benefits of employment for people with disabilities, while weighing them against the feasibility of such a measure. For example, people with disabilities will likely develop a more positive self-perception if they are able to participate in a work environment and contribute to the economy. However, this will require companies to implement accessibility measures within their workplaces, if they have not already. Evaluating the social good of the requirement alongside its practical implications can help you form an evaluative answer to this question.

5. There is little research into the experiences of the LGBTQ+ population and their access to social services and legal representation in Canada. Why do you think that is?

You can draw from a variety of reasons to explain this lack of information, including methodological issues surrounding self-identification, a lack of census data, social stigmas, difficulties surrounding categorization, and a lack of funding and research interest.

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