Forum canadien sur la justice civile
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The Clearinghouse provides information on civil justice systems and civil justice reform initiatives. It contains bibliographic records of published materials such as books, articles, policy reports and conference proceedings. The Clearinghouse is intended for research or general interest purposes. For details about jurisdiction-specific legal organizations please visit the Legal Links page.
Please direct questions about the Clearinghouse to communications@cfcj-fcjc.org
| Subject | Publications |
|---|---|
| Access to Justice |
While not easily defined, access to justice refers broadly to the access that citizens have to dispute resolution tools of justice including but not limited to courts. Effective access to justice does not only refer to reductions in costs, access to lawyers and access to courts; but rather, it is a broad term that refers more generally to the efficaciousness of a justice system in meeting the dispute resolution needs of its citizens. Links to related resources are listed below. Listening to Ontarians: Report of the Ontario Civil Legal Needs Project
A matter of trust: Canadian Judicial Council annual report 2009-2010;
Preserving the Right to a Fair Trial
Legal-costs Insurance Needs Official Boost, says Long-time Provider
Civil Justice System Seen as Catering to the Rich
Creating Access to Justice in Nunavut
Report of the Access to Family Justice Task Force [Guerette report]
“Professionalism and proportionality”
Evaluation of the Nova Scotia Small Claims Court: Final report to the Nova Scotia Law Reform Commission
Civil Legal Needs Research Report
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| Alternative Dispute Resolution |
There are a variety of alternatives to the successful resolution of disputes other than trial. The use of ADR allows parties to choose a dispute resolution method that suits their needs, and ideally reduces expenses, increases party satisfaction, and offers a more timely resolution of issues. Because court-connected ADR is a method of case disposition, the final resolution may be presented to a judge for entry as the final disposition of the case, or for enforcement of the outcome. Links to related resources are listed below.
White Paper on Family Relations Act Reform: Proposals for a New Family Law Act
Report of the Scottish Civil Courts Review
Canadian Federal and Provincial Administrative Legislation Containing ADR Processes
Administrative Tribunals Using ADR
ADR and the Public Interest; Le Règlement Extrajudiciaire des Différends (RED) et l'Intérêt Public
Personal Reflections on ADR Reforms = Réflexions Personnelles sur la Réforme du RED
Some Industry Responses to Dispute Resolution = La Résolution des Conflits : Quelques Réactions de l'Industrie
Privatizing our Public Civil Justice System; La Privatisation du Système Public de Justice Civile
Offers to Settle in the Federal Court of Appeal and in the Federal Court
ADR with Spirit – Growing our Souls through our Work
The Potential for Mediating Disputes Online
Online Dispute Resolution: Overcoming the Problems and Shackles of Territory
Keeping Mediation an Alternative Dispute Resolution Process
Confidentiality and the Public Interest Exception: Considerations for Mixed International Arbitration
Mediating Malpractice Disputes: A Viable Alternative to Tort Litigation
The Repatriation of the Constitution & Alternative Dispute Resolution: The Failure of Past Constitutional Negotiations and Possible ADR Solutions for the Future
Peace So Close and Yet So Far: A Look at Negotiations in the Palestinian-Israeli Conflict
How We Got To Yes: Introducing an ADR Practicum at the University of Toronto Faculty of Law
Food Fight: the Fruit and Vegetable Dispute Resolution Corporation
Empowerment in Mediation: For the Masses
Mediation, Family Law Disputes and the Best Interests of Children
Managing School Conflict: the Peer Mediation Approach
Forget the Mechanics and Bring in the Gardeners: An Exploration of Mediation in Intellectual Property Disputes
Mediation: The Great Equalizer? A Critical Theory Analysis
Creating Energy or Frustration: The Use of Consensus Building By Governments to Attack Sustainability Issues
A Return to 'Traditional' Dispute Resolution: An Examination of Religious Dispute Resolution Systems
The Origins of Restorative Justice
Amicable Dispute Resolution: The Mediation Alternative and the Alberta Environmental Appeal Board
Using Alternative Dispute Resolution to Respond to Indian Residential School Abuse
Mediation, Family Law Disputes and the Best Interests of Children
Managing School Conflict: the Peer Mediation Approach
Mediation: The Great Equalizer? A Critical Theory Analysis
Creating Energy or Frustration: The Use of Consensus Building by Governments to Attack Sustainability Issues
A Return to 'Traditional' Dispute Resolution: An Examination of Religious Dispute Resolution Systems
Amicable Dispute Resolution: The Mediation Alternative and the Alberta Environmental Appeal Board
Using Alternative Dispute Resolution to Respond to Indian Residential School Abuse
Mediation in Federal Income Tax Disputes Paradigms and Paradoxes: Mediation Advocacy and its Effect on Mediation, Mediators and Clients
Only For A Season: Mandatory Mediation As A Temporary Measure
Power in Mediation: An Analysis of the approach of St. Stephen's Community House
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| Civil Justice System |
The civil justice system within this context refers to the legal system as a whole that processes non-criminal legal matters. The papers within this section look at the assumptions that have been made and questions that can be asked about the operation of the system as a whole. Papers may look at any issues that can be characterized as important to the overall success or framework of civil justice.
A Single Trial Court for Alberta: Consultation Paper
A Single Trial Court as a Focus and a Catalyst for Change
Alberta's Justice System and You
The Canadian Forum on Civil Justice: Project Evaluation: Final Report
Canadians Support Power of Judges: Poll Shows most believe Courts should Interpret Laws of the Land
Preliminary Report of the Working Group on the Systems of Civil Justice [Quebec] |
| Context Specific Alternative Dispute Resolution |
There are a variety of alternatives to the successful resolution of disputes other than trial such as mediation or arbitration. This collection of papers looks at the use of Alternative Dispute mechanisms within particular contexts or subject areas.
ADR for Internet Start-ups International Commercial Arbitration/Mediation at CIETAC (China International Economic and Trade Arbitration Commission) Author: Tanya Kozak Year and Publisher: 1999, working paper Description: This paper posits that while the China International Economic and Trade Arbitration Commission's blending of arbitration and mediation raises a number of important issues, commentary on CIETAC's preference to blend arbitration and mediation has been quintessentially theoretical and disregards the practical reality of the process. This article will assert that a number of criticisms directed at blending are of negligible force when examined in light of CIETAC's dispute resolution process in practice. Link: /sites/default/files/docs/hosted/17451-international_commercial_arb.pdf
Mediation of Domain Name Disputes: A Flexible Tool for an Elusive Medium New Directions: Divorce and Administrative Law Author: Kathy Carmichael Year and Publisher: 1999, working paper Description: The argument put forth in this paper is that in order to offer the best service to divorcing couples, the government should create a comprehensive administrative system that can provide services to meet every family member’s needs. It is posited that an administrative agency would offers the best structure for handling divorce in a non-adversarial manner as it has the flexibility to provide a wide range of functions and could allow divorcees to choose the services that will work best for them and their family. Link: /sites/default/files/docs/hosted/17456-new_directions.pdf
Godi v. Toronto Transit Commission: A Case for Court-Mandated Mediation? Restorative Justice and the Incorporation of Dispute Resolution into the Criminal Justice System: Playing Devil's Advocate Author: Andrew Montgomery Year and Publisher: 1999, working paper Description: This paper looks at the use of ADR in restorative justice and asks what major pitfalls or risks are associated with the magnitude of change being considered. Link: /sites/default/files/docs/hosted/17461-restorative_justice.pdf
Beyond Punishment: Moving towards the Application of Conciliatory Justice in the Canadian Context Human Rights Dispute Resolution: Protecting the "Public Interest" Author: Tara Parker Year and Publisher: 1999, working paper Description: This paper argues that that the assumption that the public interest would be better protected through an adjudicative process or the tribunal process is open to question. Link: /sites/default/files/docs/hosted/17464-rights_dr.pdf
Dispute Resolution in Environmental Conflicts: Panacea or Placebo?
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| Cost of Justice |
Equal access to a civil and family justice system that can uphold rights and fairly and effectively resolve disputes is a fundamental and far-reaching component of democratic societies. It influences our lives every day via contracts and credit situations, the ownership and distribution of property, family relationships and their breakdown, personal injury, benefit entitlements, human rights, and various corporate arrangements. Although there is a dearth of empirical research about this system in Canada and internationally, little is known about how well the civil justice system works: what it costs, who it serves, whether it is meeting the needs of users, or the ‘price’ of failing to do so, including but not limited to economic quantifications. Links to related resources are listed below.
Legal aid in Canada: Resource and Caseload Statistics 2008/2009 = L'aide Juridique au Canada; Statistiques sur les Ressources et le Nombre de cas 2008/2009
AG de Jong Eliminates CSO Search Fees: A Victory for Access to Justice
What does it Cost to Access Justice in Canada? How Much is "Too Much"? And How do we Know? Literature Review
Civil Litigation Costs Review - Final Report [Jackson Report]
E-trials Save Money and Time, say Proponents
Inventory of Reforms research: Research and support for the Action Committee on Access to Justice in Civil and Family Matters - Final report to the Canadian Bar Law for the Future Fund
Access to justice: Report on Selected Reform Initiatives In Canada = L'accès à la justice : Rapport sur Certaines Initiatives de Réforme au Canada
Social, Economic and Health Problems Associated with a Lack of Access to the Courts
When Lawyers are only for the Rich
A Nightmare in Family Court = L'Impasse du Droit de la Famille
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| Court Structure, Administration and Reform |
This collection of papers look at a range of topics surrounding the general structures and administrative procedures by which Canadian courts operate, including some discussions of potential improvements or recent reforms. Government Response to the Report and Recommendations of the Unified Family Court Task Force
Federal Court Jurisdiction
Uniform Mediation Act: Discussion Paper
Preliminary Report of the Working Group on the Systems of Civil Justice [Quebec]
Report of Will-Say Statements Working Group
Draft of Individual Calendar Rules: Rule 38A
Courts on Trial in Pursuit of Quality and Excellence
Pilot Project: Dispensing with Written Reasons for Judgement in Personal Injury Actions |
| Delay |
The Supreme Court of Canada has noted delays in the justice system as one of the challenges Canada currently faces. “Here… the problem afflicts both criminal and civil cases… On the civil side, different but similar problems arise. Whether the litigation has to do with a business dispute or a family matter, people need prompt resolution so they can get on with their lives. Often, they cannot wait for years for an answer. When delay becomes too great, the courts are no longer an option. People look for other alternatives. Or they simply give up on justice.” For More: http://www.scc-csc.gc.ca/court-cour/ju/spe-dis/bm07-03-08-eng.asp Links to related resources are listed below. Court Delays a Priority: Chief Justice / Canada's Top Judges Meet in Iqaluit
Ontario may not meet Target on Court Delays
Discovery Best Practices: General Guidelines for the Discovery Process in Ontario
Preliminary Report Regarding Rule 66 Trials
Report of Will-Say Statements Working Group
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| Judicial Dispute Resolution |
Judicial Dispute Resolution, or ‘JDR’, is a voluntary and confidential dispute resolution process. The process usually takes place within a courthouse conference room or occasionally within the judge’s office. While the process can vary from courthouse to courthouse and can depend on the preferences of the parties or the judge, the parties involved will generally submit briefs in advance to the judge containing the facts and legal arguments surrounding the case. After oral submissions by the parties, the judge will often give a non-binding opinion on the case which is intended to help facilitate a settlement. In Calgary; however, most of the judges do not give a formal opinion but rather attempt to work with the parties to reach a settlement. If the parties cannot reach a settlement, and if the case goes to trial, a different judge will preside over the trial. Links to related resources are listed below.
The Multi-Door Courthouse is Open in Alberta: Judicial Dispute Resolution is institutionalized in the Court of the Queen’s Bench
Improving Excellence: Evaluation of the Judicial Dispute Resolution Program in the Court of Queen’s Bench of Alberta (Evaluation Report)
A Handbook on Judicial Dispute Resolution for Canadian Lawyers
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| Litigation Process and Management |
The papers within this section look at the procedures throughout the litigation process as well as some of the management that occurs throughout the process.
Preliminary Report Regarding Rule 66 Trials
Caseflow Management Procedure Manual for Litigants
Interim Survey Results and Changes to CFM [Caseflow Management]
Caseflow Management Pilot Project Update (as of October 6, 1997)
Caseflow Management Pilot Project Update (as of December 2, 1997)
Overview Paper: Individual Calendar System of Case Management: a pilot project |
| Miscellaneous |
Explore a range of resources on varying legal topics.
Judicial Independence and the Financial Support of the Court
Stakeholder Input on the Single Trial Court Initiative: Interim Report to Alberta Justice: Phase One Contemplating Aboriginal Reality in the Current Justice System: An Introduction
Restorative Justice in Urban Aboriginal Communities “Let's play Twister, let's play Risk, yeah, yeah yeah”: An Analysis of Discovery Abuse in Civil Litigation
The Constitutional Obligation to Mediate: An Appeal for Justice for the Innu of Labrador
ICANN, You can, We all can: But is the UDRP Fair?
Canadian Bar Association / Fraser Institute Corporate Counsel Survey
Report on Family Law Research in Nunavut
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| Pro Bono Services |
Pro bono publico is a Latin term meaning "for the public good." For lawyers today, pro bono means to voluntarily contribute part of their time without charge or at substantially reduced rates, to establish or preserve the rights of disadvantaged individuals. Such pro bono work may also consist of providing legal services to assist organizations who represent the interests of, or who work on behalf of, members of the community of limited means or other public interest organizations, or for the improvement of laws or the legal system. Pro bono is to be distinguished from legal aid provided via government institutions and funds. Links to related resources are listed below.
Pro Bono Québec, le Rapport Annuel 2011 – 2012 (French Only)
Legal Services for the Poor: Access, Self-interest, and Pro Bono
Integrating Pro Bono and Legal Aid
Access Pro Bono
"Provincial Pro Bono Initiatives get a Helping Hand from Firms"
Partner Profile: Pro Bono Law Ontario
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| Public Legal Education and Information (PLEI) |
Public Legal Education and Information (PLEI) is defined as "an activity that seeks in a systematic way to provide people with the opportunity to obtain information about the law and the justice system in a form that is timely and appropriate to their needs, but does not include advocacy or representation on behalf of individuals, nor the provision of legal advice" (Department of Justice Access to Justice Agreement 2007-2009). Links to related resources are listed below.
Public Legal Education and Information (PLEI)
Interim Report on Law Help Ontario
Target: Fair and Reasonable Public Access to All Legal Information - Improving Access to Justice = Objectif: Accès équitable et Raisonnable du Public à toute l'Information Juridique - Amélioration de l'Accès à la Justice
McGuinty Government Launches "Justice Ontario" Website and Hotline
The Internet has become Indispensible to the Legal World
Evaluation of Public Legal Education and Information: An Annotated Bibliography
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| Self-Represented Litigants |
With the number of self-represented litigants increasing, especially within domestic relation cases, some courts are responding by improving access to justice and making courts more user-friendly by simplifying court forms, providing one-on-one assistance, developing guides, handbooks, and instructions on how to proceed pro se. While this has empowered people to solve their own problems and improve the public’s trust and confidence in the courts, it has also presented challenges for access to justice. Links to related resources are listed below.
Self-help Programs & Resources
A Study of Self Represented Litigants in the Supreme Court of Prince Edward Island
Alberta Self-Represented Litigants Mapping Project: Final Report
"Cross Country Snapshots - Family Courts in Transition = Aperçu Transcanadien - Le Tribunal de la Famille en Transition"
Early Self-help for Litigants without Lawyers; Initiatives Personnelles Précoces pour Plaideurs sans Avocat
Responding to the Needs of Unrepresented Litigants: A call to Action; Répondre aux Besoins des Parties non Représentées: Appel à l'Action
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| Technology |
This area of study looks at how the use of technology in courts and throughout the justice system could be improved to better support the legal needs of citizens. Some types of courtroom technology that have been advocated as opportunities to save clients time and money include video conferencing, in court document management systems, electronic document displays, among other electronic filing of documents, and electronic discovery of documents. Links to related resources are listed below.
A Brave New World: Justice Innovation in Canada = Le Meilleur des Mondes : L'Innovation en Justice au Canada
The Impact of Technology on Courts and Judicial Ethics: An Overview
Lawyering for the Future
Court Technology SCAN - Canadian Centre for Court Technology = La Justice et les Nouvelles Technologies - Le Centre Canadien de Technologie Judiciaire
Open Courts, Electronic Access to Court Records, and Privacy: Discussion paper prepared on behalf of the Judges Technology Advisory CommitteeAuthor: Canadian Judicial Council & Judges Technology Advisory Committee
Videoconferencing in British Columbia
Use of Technology at the Supreme Court of Canada
Paper Optional (Benefits in using electronically signed documents)
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