Access to Justice Blog
Analysis and opinions from the leading voices in access to justice research.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
The price paid for legal problems is not just made up of dollars and cents, but with impacts on health, loss of employment and an increased reliance on social assistance, reports the Canadian Forum on Civil Justice (CFCJ).
Three reports from the CFCJ, released on Jan. 5, break down the number of Canadians experiencing a variety of legal problems and the impact they have on different aspects of their lives. The reports show that millions of Canadians experience physical and mental health problems, loss of employment and a loss of housing as a direct consequence of legal problems.
“These reports focus on three specific areas and I think what they all do is highlight the importance of thinking about justice from the user’s perspective as opposed to only the providers’ perspective,” said Trevor Farrow, a professor at Osgoode Hall Law School and principal investigator on the CFCJ reports.
“I think we’re starting to understand that how the user perceives and experiences the system is very... Read More
Researchers at the Canadian Forum on Civil Justice (CFCJ) have published three new Cost of Justice reports that explore some of the frequently overlooked consequences of experiencing serious civil and family justice problems in Canada. Beyond the out-of-pocket monetary costs of everyday legal problems, millions of Canadians experience physical and mental health problems, loss of employment and a loss of housing as a direct consequence of the legal problem(s) that they face. In addition, based on findings from the CFCJ’s national Cost of Justice in Canada survey, Canadians also reported that they access government-mandated social assistance as a result of one or more serious civil or family justice problems that they experienced. To read the latest CFCJ Cost of Justice reports, click on the hyperlinked titles below:
- ... Read More
This article originally appeared on The Lawyer’s Daily on January 4, 2018. It is the fourth article in The Honourable Thomas Cromwell's exclusive Lawyer's Daily column dedicated to access to civil and family justice.
Innovation can be a driver of improved access to justice. But our profession is not noted for being at the forefront of innovation. And so it is encouraging to see signs that innovation is front and centre in the training of the next generation of lawyers. That is what I saw on a visit to Thompson Rivers University Faculty of Law in Kamloops, B.C., and in particular in a course created and taught by professor Katie Sykes.
She is an associate professor who developed a course, Designing Legal Expert Systems, in which law students design legal apps using software created by Neota Logic, a software company started by a group of tech-savvy lawyers. Students in the apps course design and build apps for non-profit legal organizations to use in-house or make available to clients, aiming to provide simple, user-friendly paths to legal solutions and better access to justice.
Professor... Read More
In a recent anthology on issues in legal aid, Professor Mary Anne Noone from Latrobe University in Melbourne, Australia proposed that legal aid impact statements become a requirement. In so doing, this would allow governments and others to take account of the downstream impacts that changes to legislation or policy proposed by governments have on legal aid programs. (Mary Anne Noone, Challenges Facing the Legal Aid System in Flynn, A. and Hodgson J. (eds), Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need Oxford: Hart Publishing (2017).
According to Professor Noone, legal aid impact statements have been discussed since the early 1990’s in Australia. Should legal aid impact statements be considered for Canada? What would this look like? As relates to Canada, the adoption of a legal aid impact statement requirement would mean that federal, provincial and territorial governments would have to commit to assessing the impact that all legislative and policy changes in criminal, family and social benefits law would have on legal aid. It would require that provincial and territorial governments assess how the establishment of different courts... Read More
This article originally appeared on The Lawyer’s Daily on October 16, 2017 as part of Thomas Cromwell's exclusive The Lawyer's Daily column dedicated to access to civil and family justice. It is part one of a two-part interview with The Honourable Justice George Czutrin.
Family law is a flash point for access to justice. Some jurisdictions report that as many as 70 per cent of family law litigants appear in court without legal representation. And with or without representation, the stress of legal proceedings adds to the burden of an already emotionally charged situation. The impact on children of conflict and delay in its resolution is hard to overestimate.
The Honourable Justice George Czutrin is a family law expert, a tireless worker for improvement in family law and the senior family judge of the Superior Court of Justice in Ontario. He has been a family law judge since 1993 and his dedication to the pursuit of improved family law justice is unsurpassed.
Justice Czutrin agreed to be interviewed for this column. This is part one of a two-part interview. I think that you will be impressed and... Read More