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New Study Examines Canadians’ Knowledge and Views on the Supreme Court

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Non-profit organization, the Angus Reid Institute has published data from a new study on Canadians’ views on the Supreme Court of Canada. Data from the study are organized in the final report according to the following three themes:

  • Knowledge about the Supreme Court
  • Views on the Supreme Court’s Impartiality
  • Supreme Court Reforms

The study reveals that more than half of Canadians believe either justices can hold other jobs (12%) or are unsure (45%) and that justices are appointed for life. Approximately one-third (31%) didn’t know about the term limits. Interestingly, while roughly two-thirds (63%) of Americans can correctly identify at least two Supreme Court justices from a list containing a combination of decoy names and the names of justices, only about one-quarter (25%) of Canadians can do the same.

The study also reveals that a majority of Canadians (62%) believe that the Supreme Court of Canada is impartial, while 22% believe that it is biased. A majority (65%) believe that law is more influential than politics in the decisions dispensed by the Supreme Court. Despite belief in the impartiality of the Supreme Court, fewer than half of Canadians (49%) say that they have confidence in the Supreme Court, while 42% say that they do not have confidence in the Supreme Court.

For other findings from the Angus Reid Institute study, or to view the methodology, demographic characteristics of study respondents, or the questionnaire, please visit: https://angusreid.org/supreme-court-appointment-impartial-bilingualism/.   

Canadian Bar Association Gathering Feedback on the Articling Experience Across Canada

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A recently launched Canadian Bar Association (CBA) survey aims to identify changes that can be made to articling programs across Canada to better “support the well-being and professional development of future lawyers”. Research reveals that approximately 25 per cent of articling students have had experiences that made them question whether they should stay in the legal profession. This CBA survey provides an opportunity to share positive and negative feedback about articling and make recommendations on ways to improve these programs.

The CBA “Evaluating the Impact of Articling: Best Practices and Areas for Reform” survey will remain open until Friday, November 15. The survey is available in English here: https://www.surveymonkey.com/r/CBAarticling. The survey is available in French here: https://fr.surveymonkey.com/r/sondageABC.

Canadian Judicial Council Outlines Guidelines for Use of AI in Courts

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The Canadian Judicial Council (CJC), the body responsible for improving the quality of judicial services provided in Canada’s superior courts, has issued new guidance on the use of artificial intelligence in Canadian courts. According to a CJC news release, in issuing these guidelines, the CJC aims to “raise awareness of the risks inherent in the use of artificial intelligence tools” and provide information on how AI tools can be effectively and appropriately applied to assist judges in their responsibilities.

There are seven guidelines discussed in the report:

  • Protect judicial independence
  • Use AI consistently with core values and ethical rules
  • Have regard to the legal aspects of AI use
  • Subject AI tools to stringent information security standards
  • Ensure that AI tools used in court applications are able to provide understandable explanations for their decision-making output
  • Ensure regular tracking of the impact of AI deployments by courts
  • Develop a program of education and provide user support

Guidelines for the Use of Artificial Intelligence in Canadian Courts was prepared for the Canadian Judicial Council by Martin Felsky, Ph.D., J.D., and Professor Karen Eltis. It is available in English here: https://cjc-ccm.ca/sites/default/files/documents/2024/AI%20Guidelines%20-%20FINAL%20-%202024-09%20-%20EN.pdf and in French here: https://cjc-ccm.ca/sites/default/files/documents/2024/AI%20Guidelines%20-%20FINAL%202024-09%20-%20FR.pdf.

The news release is available in English here: https://cjc-ccm.ca/en/news/canadian-judicial-council-issues-guidelines-use-artificial-intelligence-canadian-courts and in French here: https://cjc-ccm.ca/fr/nouvelles/le-conseil-canadien-de-la-magistrature-publie-des-lignes-directrices-sur-lutilisation-de.

National Action Committee Publishes Annual Report Highlighting Progress on Canada’s Justice Development Goals

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The national Action Committee on Access to Justice in Civil and Family Matters published their annual report on Canada’s justice development goals. The 2024 publication provides details on access to justice initiatives and projects that took place nationally, and in Canada’s provinces and territories during 2023. For the recently released report, 253 organizations provided feedback on their activities.

The report includes progress on the following goals:

  • Justice Development Goal (JDG) 1: Address Everyday Legal Problems
  • Justice Development Goal (JDG) 2: Meet Legal Needs
  • Justice Development Goal (JDG) 3: Make Courts Work Better
  • Justice Development Goal (JDG) 4: Improve Family Justice
  • Justice Development Goal (JDG) 5: Work Together
  • Justice Development Goal (JDG) 6: Build Capability
  • Justice Development Goal (JDG) 7: Innovate
  • Justice Development Goal (JDG) 8: Analyze and Learn
  • Justice Development Goal (JDG) 9: Improve Funding Strategies

Canada’s Justice Development Goals: 2023 Highlights is available in English here: https://ajrn.org/wp-content/uploads/2024/10/75a92-2023jdgshighlights.pdf  and in French here: https://ajrn.org/wp-content/uploads/2024/10/cb3e7-french2023odj.pdf.

New OECD Report Provides Guidance on Measuring and Improving Access to Justice in Courts

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The Organisation for Economic Co-operation and Development (OECD) published a new policy paper aimed at helping countries adopt the OECD’s Recommendation on Access to Justice and People-Centred Justice Systems. “Measuring and Improving Access to Justice in Courts: Learning from the United Kingdom’s Experience” outlines a replicable model for developing an evidence-based approach for defining, measuring, improving, and monitoring access to justice in court services.

The report presents details on the following seven pillars for advancing these access-to-justice objectives:

  • Review the organisational foundations of access to justice before engaging in work to measure and improve access to justice
  • Adopt a clear definition of access to justice, in consultation with justice stakeholders
  • Measure access to justice in ways that align with the organizational definition and data strategy.
  • Understand existing barriers and challenges and their underlying causes
  • Identify and adopt targeted improvements for court services
  • Monitor the changes and data; ensure there is a plan for tracking progress
  • Identify and address evidence gaps

The OECD report on “Measuring and Improving Access to Justice in Courts: Learning from the United Kingdom’s Experience” is available online here: https://www.oecd-ilibrary.org/governance/measuring-and-improving-access-to-justice-in-court-services_a8226ccc-en.

Information in this post was gleaned from the OECD Measuring and Improving Access to Justice in Courts report.

Canadian Judicial Council Publishes Guidelines for Social Media Use by Federally Appointed Judges

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A new publication by the Canadian Judicial Council (CJC) outlines guidelines for the use of social media by federal judges in Canada. The Guidelines discuss:

  • General principles of social media use
  • The review of social media accounts upon appointment
  • Self-identification on social media accounts
  • Creating and interacting with social media accounts
  • Connections through social media
  • Privacy and security, and
  • Training and education

The Guidelines examine the benefits and risks of social media use by federally appointed judges, and aim to provide information on how federally appointed judges can safely use social media. According to a CJC press release, benefits of social media use include: the chance to “connect with the broader judicial community; facilitate public education about the judicial role and the legal system; maintain personal connections with friends and family, which is an important component of judicial wellness; and educate judges on a technology that may arise in cases before them.”

Guidelines on the Use of Social Media by Federally Appointed Judges / Guide sur l’utilisation des médias sociaux par les juges de nomination fédérale is available online here: https://cjc-ccm.ca/sites/default/files/documents/2024/Guidelines%20on%20the%20Use%20of%20Social%20Media_bil_Final.pdf.

Manitoba Announces Dates and Theme for 2024 Access to Justice Week

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This year, Access to Justice Week in Manitoba will be held from October 28th to November 1st, 2024. Manitoba Access to Justice Week provides an opportunity for justice stakeholders to meet to discuss a shared focus on meaningful solutions that improve the justice system for its users. This year, the theme of Manitoba Access to Justice Week is Increasing Impact: Collaboration, Change, and Capacity Building.

The University of Manitoba’s Faculty of Law, The Law Society of Manitoba and the Manitoba Bar Association are supporting events during this year’s Access to Justice Week. Events taking place online include:

All events offer 1.5 hours of continuing professional development (CPD). To register, or for more information about Manitoba Access to Justice Week, visit: https://mbaccesstojustice.ca/access-to-justice-week-2024/ or https://news.umanitoba.ca/access-to-justice-week-is-october-28th-november-1st-2024/.

Updated Canadian Indicator Framework for UN SDGs Includes Civil Court Case Completion Time

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Statistics Canada has released information about the updated Canadian Indicator Framework (CIF) for the United Nations Sustainable Development Goals (SDGs). The UN SDGs represent a global effort to advance economic and social development across 17 goals. The CIF for the UN SDGs was created to address and better assess Canada’s progress towards national SDG priorities. Every indicator in the CIF includes the most recent data available. Canada carries out a review of the CIF every three years. This year’s review resulted in several changes in the framework, including the addition of 20 indicators deemed important to address measurement gaps.

Notable for the justice community, an indicator on civil court case completion time (the time elapsed from the initiation of a civil court case to its first disposition) was added under Goal 16 (Peace, Justice and Strong Institutions).

A Statisics Canada news release indicates the following:

“In 2022/2023, 46.7% of total civil cases were completed within three months, up from 46.1% in 2021/2022.

Family cases, such as divorce, child custody, property division and adoption, have maintained a higher proportion of swift resolutions compared with general civil cases, which may involve disputes, such as contracts, bankruptcy and other claims involving money.

In 2022/2023, 57.7% of family cases were resolved within three months in 2022/2023, compared with just under 40% of general civil cases being resolved within the same period.”

Information and data for Indicator 16.4.4: Civil court case completion time is available here: https://sdgcif-data-canada-oddcic-donnee.github.io/16-4-1/.

Information for this post was gleaned from a Statistics Canada news release. To read the release, visit: https://www.statcan.gc.ca/o1/en/plus/7064-peek-updated-canadian-indicator-framework.

Nova Scotia Legal Aid Opens First-of-its-kind in Atlantic Canada Legal Aid Office in Sipekne’katik First Nation

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On September 19 2024, Nova Scotia Legal Aid (NSLA) and Sipekne’katik First Nation held a grand opening ceremony for a first of its kind in Atlantic Canada legal aid office. This office represents “a new model for providing direct legal services to First Nations communities”. The collaboration between NSLA and Sipekne’katik First Nation is an important step forward in improving access to justice in Sipekne’katik First Nation.

Chief Michelle Glasgow of Sipekne’katik First Nation said of the new legal aid office: “[this] is a significant step towards addressing the unique legal needs of our community members and ensuring we have equal access to justice. Having legal aid services available right here in Sipekne’katik supports our goals of improving the well-being of our people and preserving our Mi’kmaw culture and traditions.”

The Nova Scotia Legal Aid Sipekne’katik Office is located at 529-1 Church Street, Indian Brook. The office will officially open in October 2024: https://www.sipeknekatik.ca/community-notices/nova-scotia-legal-aid-opens-office-in-sipeknekatik-first-nation.

New Report on Nova Scotia Jails Highlights Concerns Around Access to Healthcare and Indigenous Spiritual Supports

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The third annual report on the Conditions of Confinement in Nova Scotia Provincial Jails outlines concerns around the protection of the health and safety of provincially incarcerated people. The concerns are similar to concerns raised in previous years. Specifically, the report identifies disruptions to “essential medications upon incarceration and failure to meet the standards of care in place in other provincial correctional health systems on providing supports…to persons with substance use problems”.

The report also identifies concerns around access to Indigenous spiritual supports, including but not limited to lack of daily access to smudging.

Importantly, in Nova Scotia, more than 70% of the provincially incarcerated population are in jail pre-trial and have not yet been found guilty or innocent. Many face issues of social exclusion and discrimination.

The East Coast Prison Justice Society Visiting Committee 2022-2023 Annual Report is published online here: https://www.eastcoastprisonjustice.ca/uploads/1/3/8/1/138152103/ecpjs_vc_annual_report_2022-23__final_.pdf.

Details included in this post were gleaned from a September 17, 2024 press release entitled, East Coast Prison Justice Society Visiting Committee Report on Conditions of Confinement in NS Provincial Jails.