The Australian study is also important because it reminds us of a similar study done here for the federal Department of Justice and released in 2009: The Legal Problems of Everyday Life — The Nature, Extent and Consequences
of Justiciable Problems Experienced by Canadians, by A. Currie.
The following chart from The Legal Problems of Everyday Life shows both the nature
of justiciable problems and the those that cause problems for the public
This report helps us explore the nature
of justiciable problems experienced in Canada.
What can be taken from all of this is that a very low proportion
of justiciable problems are addressed with legal assistance.
The Legal Problems of Everyday Life (at p. 56) is the source of the information noted in an earlier column that legal assistance is sought for only 11.7 %
of justiciable problems.
Only 3 %
of justiciable problems were related to personal injury.
The report was entitled The Legal Problems of Everyday Life — The Nature, Extent and Consequences
of Justiciable Problems Experienced by Canadians.
Not exact matches
Unless I've forgotten how the English language works, the definition means that literally every single event which occurs in someone's life is a «
justiciable»
problem and is therefore the appropriate subject
of the attention
of the legal profession and the courts.
«
Justiciable problems are
problems of everyday life, often linked to social exclusion, which may have legal aspects and potential legal solutions.»
For the 16.5 % who did not address their
justiciable problem (and did not seek any assistance yet thought their
problem important), approximately one - third thought that there was nothing that could be done, approximately 10 % were uncertain
of their rights and approximately 10 % thought that taking action would take too much time.
Having taken a cursory look at the DOJ's study, I agree with Bob's criticism and in fact, given the generality
of the questions put forward as to what constitutes a «
justiciable»
problem, I'm actually impressed (in a positive sense) that only 44.6 %
of respondents report experiencing an issue in the three years prior to the study.
To quote from the 2013 UK Legal Services Research Centre «Civil Justice in England and Wales» report, the definition
of «
justiciable problem» that they use is:
The analysis
of the use
of non-legal assistance to address
justiciable problems is interesting:
These
problems are referred to as being «
justiciable» to focus attention on
problems experienced by individuals that raise legal issues, regardless
of whether they recognize them as legal issues or take action to resolve them.
Moreover, there are very different rates
of resolution as well as ways to resolve these
justiciable problems, depending on the nature
of the
problem and its relationship to other
justiciable problems.
Research indicates, however, that most
justiciable problems never reach the courtroom (Andrew Pilliar, «Law and the Business
of Justice: Access to Justice and the Profession / Business Divide» (2014) 11 Journal
of Law & Equality 5 at 10).
I presume that Lee has in mind the 70 % who don't use lawyers in family law disputes, the 70 % without powers
of attorney, the 60 % without wills, the 40 % who do nt seek legal advice when injured, the 1/3 who know that they have legal
problems yet don't seek legal assistance and the 85 % who don't seek legal assistance for
justiciable problems.