There is considerable discussion these days about how the legal community can help to increase
access to justice for Canadian citizens.
Much thanks are due to Rob, for his leadership over the past several years, and to the Law Foundation of Ontario, for their support and their commitment to improving
access to justice for all Canadians.
Yet, to achieve
access to justice for all Canadians, legal services must be delivered as part of a coordinated and holistic response to local social conditions and needs.
Yet, to achieve
access to justice for all Canadians, legal services must be delivered as part... [more]
However, while there are increasing numbers of apps and technologies being developed and integrated into the legal world, it is a mistake to assume that technological developments on their own will necessarily improve
access to justice for those Canadians currently struggling.
While up slightly from the $ 34 described in this summer 2011 article, I hope you will agree that it still represents one of the best investments lawyers (and Quebec notaries) can make in support of their professional activities and in support of
access to justice for all Canadians.
In her speech, she called on governments, academics, judges and lawyers to work to ensure better
access to justice for all Canadians.
Not exact matches
The
Canadian Bar Association launched a campaign in Calgary, #whataboutalex,
to humanize the struggle
for access to justice.
The fact that the majority of
Canadians can not afford
to seek
justice through the current system is a problem which far outstrips in magnitude concerns about maximizing procedural and due process protections
for those litigants who are presently able
to access the system.
Access to justice continues
to be a significant issue
for Canadian lawyers and the public, and
for good reason.
Third, and bringing together normative and pragmatic angles, not only has the
Canadian legal profession in general, and many of the provincial self - regulatory organizations more particularly, opened up a policy - making space
for considering how
to reformulate the future of legal services
to improve
access to justice, but also, the provincial self - regulators all have an implicit and, sometimes, as in the case of Ontario, an explicit duty
to facilitate
access to justice in their regulatory activities.
In my work with the
Canadian Bar Association's
Access to Justice Committee and the Association
for Canadian Clinical Legal Education, I have observed three major research opportunities
for law faculties that are not being given the attention I feel they demand.
It is well known that
Canadian lawyers have worked
to promote
access to justice through both legal aid and pro bono work
for many years, and this has generally been conducted at a provincial level.
n Baier v Alberta, 2007 SCC 31 [Baier],
Justice Rothstein of the Supreme Court of Canada articulated a test
for whether an underinclusive statutory platform of expression infringes section 2 (b) of the
Canadian Charter of Rights and Freedoms, and thus whether a claimant has a positive entitlement
to access that platform.
The
Canadian Bar Association's
Access to Justice committee has set some aggressive targets for the next decade and beyond to ensure those who need it have better access to ju
Access to Justice committee has set some aggressive targets for the next decade and beyond to ensure those who need it have better access to j
Justice committee has set some aggressive targets
for the next decade and beyond
to ensure those who need it have better
access to ju
access to justicejustice.
During the closing session of the
Canadian Bar Association's Envisioning Equal
Justice Summit: Building Justice for Everyone, held in Vancouver in April, we were asked to come up with one idea from each table to help access to justice and to move justice reform f
Justice Summit: Building
Justice for Everyone, held in Vancouver in April, we were asked to come up with one idea from each table to help access to justice and to move justice reform f
Justice for Everyone, held in Vancouver in April, we were asked
to come up with one idea from each table
to help
access to justice and to move justice reform f
justice and
to move
justice reform f
justice reform forward.
The idea that limited scope work could improve
access to legal help has been cited by many reports on
access to justice, but no one has ever conducted any empirical research
to test the idea, says [/ span] John - Paul Boyd, executive director of the
Canadian Research Institute
for Law and the Family in Calgary.
In a speech
to the
Canadian Bar Association in August 2007,
Justice Beverly McLachlin declared access to justice «a basic right» for Canadians, like education or healt
Justice Beverly McLachlin declared
access to justice «a basic right» for Canadians, like education or healt
justice «a basic right»
for Canadians, like education or health care.
McLachlin, who was selected as a «Top 25 Most Influential Lawyer» by
Canadian Lawyer multiple times (most recently in 2015), is widely respected in the legal profession
for her leadership on the court as well as her outspokenness on issues such as
access to justice, free speech, diversity and inclusive leadership.
«These are material increases in funding that will improve
access to justice for many within the province, including those in indigenous, rural and remote communities,» said Bill Veenstra, president of the
Canadian Bar Association, BC Branch.
As a starting point
to address gaps in both
access to justice and access to legal services, for example, lawyers might look to the information provided and questions posed in the excellent Canadian Bar Association Election Engagement Kit recently made available through Envisioning Equal J
justice and
access to legal services,
for example, lawyers might look
to the information provided and questions posed in the excellent
Canadian Bar Association Election Engagement Kit recently made available through Envisioning Equal
JusticeJustice.
And
for a slew of reasons that I will explore in Part 2 of this column topic, a more elite class of law school graduate spells trouble
for the
Canadian legal profession's ability
to contend with the current crisis of unequal
access to justice.
An injection of federal funding in civil legal aid can be one source
for the expansion of the role of law school clinics, who can in turn provide the
access to justice needed by
Canadians.
Access to justice issues have frequented academic, legal, political and mainstream debates
for many years (with Slawyers often initiating or driving the dialogue happening in the
Canadian blogosphere!).
Missing in law society discussions is the fact that outside investment has an excellent chance of creating better
access to justice through greater investment in process and technology that in turn will lower prices
for the average
Canadian.
In most provinces as well as nationally, rethinking
access to justice for meeting the legal needs of
Canadian families is a central policy agenda item.
Unfortunately, many
Canadian men and women find themselves unable, mainly
for financial reasons,
to access the
Canadian justice system.
Pretty much every report on self - represented litigants, from the work of the
Canadian Research Institute
for Law and the Family
to the Action Committee on
Access to Justice in Civil and Family Matters to the CBA's Envisioning Equal Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessible j
Justice in Civil and Family Matters
to the CBA's Envisioning Equal
Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessible j
Justice Initiative
to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier
to accessible
justicejustice.
The final report of the Action Committee on
Access to Justice in Civil and Family Matters, A Roadmap for Change, tackles the difficult problem of why this is the case and lays out recommendations for what can be done to bring full access to justice to Cana
Access to Justice in Civil and Family Matters, A Roadmap for Change, tackles the difficult problem of why this is the case and lays out recommendations for what can be done to bring full access to justice to Can
Justice in Civil and Family Matters, A Roadmap
for Change, tackles the difficult problem of why this is the case and lays out recommendations
for what can be done
to bring full
access to justice to Cana
access to justice to Can
justice to Canadians.
In a comment
to the recent post by Patricia Hughes,
Justice B. T. Granger of the Ontario Superior Court of
Justice referred
to a set of slides
for a presentation he had given at the 2008 CBA
Canadian Legal Conference in Quebec City entitled «The Future is Now: Improving
Access to Justice: The Need
for Lawyers and the Judiciary
to Go Electronic.»
Indeed, the Chief
Justice of the Supreme Court of Canada has recognized one aspect of this demand in numerous recent speeches where she has referenced the access to justice «crisis» in the country, brought about by in part, she asserts, by a legal system that is too costly and too complicated for most Can
Justice of the Supreme Court of Canada has recognized one aspect of this demand in numerous recent speeches where she has referenced the
access to justice «crisis» in the country, brought about by in part, she asserts, by a legal system that is too costly and too complicated for most Can
justice «crisis» in the country, brought about by in part, she asserts, by a legal system that is too costly and too complicated
for most
Canadians.
, tackles the difficult problem of why this is the case and lays out recommendations
for what can be done
to bring full
access to justice to Canadians.
Most
Canadians will be forgiven
for failing
to be as joyful as the Benchers were that day, as the agreement does much
to enhance lawyer mobility (and hence fee - earning capability), but does nothing
to address
access to justice.
The
Canadian Bar Association's Envisioning Equal
Justice consultation paper, Underexplored Alternatives
for the Middle Class, recognizes the need
to «re-engineer» dispute resolution processes and explores a number of court process reforms as potential means
to provide better
access to judicial dispute resolution.
Congratulations
to Kirsten Morry of Newfoundland and McGill University
for her winning essay «Magna Carta and the
Canadian Access to Justice Crisis».
In this spirit, I would l like
to thank the
Canadian Forum on Civil
Justice for inviting me to write this post, and for its ongoing efforts to keep access to justice and system reform on the agenda across the c
Justice for inviting me
to write this post, and
for its ongoing efforts
to keep
access to justice and system reform on the agenda across the c
justice and system reform on the agenda across the country.
The concept of unbundled legal services has been recognized as a measure
to improve
access to justice for those who fall into the wide and growing gap between
Canadians who can afford full representation and those who qualify
for legal aid.
That's when the SCC is expected
to tackle a challenge over court hearing fees, which the Trial Lawyers Association of British Columbia and the
Canadian Bar Association B.C. branch say are unconstitutional because they impede
access to justice for the middle class.
The key question
to explore in relation
to ABS + is, «What measures need
to be integrated into the regulatory framework in order
to encourage or compel
access to justice for low - income
Canadians?»
I have argued that while the middle class may benefit from gains in
access to justice from allowing ABS, the same is unlikely
to be true
for low - income
Canadians.
In this factum, CCD explained that
for disadvantaged groups, such as people with disabilities,
access to justice requires a robust and effective
Canadian Human Rights Commission where issues of discrimination can be addressed.
Lack of
access to justice represents a problem where the very legitimacy of the legal system as a way
for all
Canadians to resolve disputes is at stake.
The Council of
Canadians with Disabilities, a national human rights organization, will be appearing before the Supreme Court of Canada in Mowat v. Canada (Attorney General), an appeal about
access to justice for victims of discrimination.
See the
Canadian Forum on Civil
Justice and their
Access to Justice Blog and Cost of
Justice project,
for example, as well as the work of the National Self - Represented Litigants Project (NSRLP).
She currently volunteers
for Toronto
for Acumen (TfA), an official chapter of the Acumen Fund, and also at Peacebuilder's International, a
Canadian charity that works
to provide at - risk youth with appropriate
access to justice.
This makes it more difficult
for them
to understand the law, compared
to other
Canadians, and therefore increases their barriers
to accessing justice.
Canadian immigration and refugee laws and the IRB's implementation of these laws have come under fierce attack
for creating many substantive, procedural and inclusion barriers
to access to justice for refugee claimants.
Jeff has been, and continues
to be, an advocate
for enhancing
Canadians» ability
to access legal services and
for effective, equal
access to justice.
Nate Russell is a
Canadian lawyer and blogger with a passion
for technology, law,
access to justice and civil liberties, especially where they intersect.
Nate Russell is a
Canadian lawyer and blogger with a passion
for technology, law,
access to justice and civil...