Access to Justice Research Study Launched in Manitoba

The University of Manitoba’s Faculty of Law and the Law Society of Manitoba have launched a study to learn about the legal service needs of Manitobans. The recently launched Access to Justice Research Study seeks to engage practising and non-practising lawyers and articling students for a short, confidential survey on Manitobans’ legal needs. Researchers hope that insights from the study will contribute to better alignment of policies and services with access to justice needs in Manitoba. The survey is estimated to take approximately 15 minutes to complete and it will remain open until Thursday, September 29.

This research is being spearheaded by Professor Gerard Kennedy (University of Manitoba Faculty of Law) and Natasha Brown (Manitoba’s Access to Justice Coordinator ). To read the news release about this study or to take the survey, visit: https://lawsociety.mb.ca/university-of-manitoba-joint-access-to-justice-research-study/.

Indigenous Access to Civil Justice – Global Conference

The Indigenous Access to Civil Justice Global Conference seeks to collectively identify and broadly mobilize what access to civil justice means for Indigenous people in postcolonial and settler colonial settings. Bringing together diverse scholars from across the globe, this conference will constructively unsettle conventional legal approaches to civil justice; build community; and enrich emergent access to justice innovations across jurisdictions and geographies. Presentation proposals are being accepted until October 14, 2022.

Who can apply?

Researchers, in or beyond the academy, whose work explores the interface between Indigenous experiences, identities, laws, and/or courts and access to civil justice. We welcome proposals on these or other related themes:

  • Conceptualizations of access and justice in Indigenous legal systems
  • Cross-jurisdictional access to justice challenges and collaborative possibilities
  • Tribal sovereignty and access to justice
  • The role of community paralegals, tribal lay advocates, and other non-lawyer actors
  • Place and spatial justice, including housing, climate change, and land/property rights
  • The health and wellbeing impacts of justice gaps in Indigenous communities
  • Evidence-based practices
  • Indian Child Welfare Act (ICWA) and family law
  • Tribal, customary and peacemaking courts, restorative justice, and other justice forums
  • Indigenous research methodologies and access to justice
  • Responsible data, technology, and information exchange
  • Implementing and evaluating Indigenous access to justice initiatives in tribal and non-tribal court settings

Research exploring these topics from any jurisdiction and geography is welcome, as is comparative research.

How do I apply to participate?

Submit a one-page proposal describing your project.  This proposal should make clear:

  1. Your research question
  2. An overview of the data you will use or have access to
  3. The relationship of the project to the goals of the conference

Proposals should be submitted to indigenousa2jconf@gmail.com. Individuals will be notified by November 16, 2022 if their submission has been accepted.

Is there a registration fee?

There is no registration fee for the conference. Limited travel scholarships will be available and will be prioritized for participants who would not otherwise be able to attend.

Organizing Team

The conference is organized by Matthew Burnett (American Bar Foundation), Lisa Moore (Canadian Forum on Civil Justice), Rebecca Sandefur (Chickasaw Nation; Arizona State University and American Bar Foundation), and Michele Statz (University of Minnesota).

Questions? Email indigenousa2jconf@gmail.com.

To download a copy of the call for proposals, visit: https://ajrndotco.files.wordpress.com/2022/08/indigenous-access-to-civil-justice-cfp.pdf.

Law Commission of Ontario Publishes Major Report on Accountable AI

The Law Commission of Ontario (LCO) has released a third major report examining artificial intelligence (AI) and automated decision-making (ADM) in the Canadian justice system. 

“Accountable AI” analyzes AI and ADM systems used to assist government decision-making, and considers issues of legal accountability when these systems are applied in decision-making in the civil and administrative justice systems.

Key questions explored in the report include:

  • Why and how governments are using AI
  • How AI changes government decision-making
  • The elements of AI regulation
  • How to fulfill the promise of “Trustworthy AI”
  • How to adapt human rights and administrative law to government AI decision-making
  • Ensuring public engagement
  • Improving access to justice

The LCO’s “Accountable AI” report identifies 19 recommendations to address bias in AI systems, “black-box” decision-making, due process, and the need for public engagement.

The final report is available online here: https://www.lco-cdo.org/wp-content/uploads/2022/06/LCO-Accountable_AI_Final_Report.pdf.

For the LCO’s other reports on AI, ADM and the justice system, visit the LCO website here: https://www.lco-cdo.org/en/our-current-projects/ai-adm-and-the-justice-system/.

New Report Examines Pathways to Justice in British Columbia

The Access to Justice Centre for Excellence at the University of Victoria (UVic ACE) has published new research that examines the pathways that people in British Columbia take to solve their civil justice problems. Understanding what people do when they experience a serious civil justice problem and the pathways that are accessible to them to resolve those problems offers important insights into people’s legal awareness and the impact of public legal education and information for the public. It also provides understandings on how people engage with the justice system. In addition, the increased use of technology in the legal sector is transforming how people interact with the legal system and requires further study to understand the impacts for existing pathways and the new pathways that will become available.

The “Navigating Access to Justice Pathways” report includes findings from an exploratory study of experiences with civil and family law problems in British Columbia that aims to:

  • Develop a more robust understanding of how people define the civil and family law justice problems they experience
  • Map common pathways used to resolve civil and family justice problems
  • Identify the barriers people face when they try to access certain pathways and the impact of those barriers on their decisions
  • Understand how people prioritize and manage multiple legal problems

Navigating Access to Justice Pathways: Problem Resolution Routes for People Experiencing Civil and Family Law Problems in British Columbia by Yvon Dandurand, Jessica Jahn, Cathy Tait, and Megan Capp is available online here: https://ajrndotco.files.wordpress.com/2022/06/5876c-navigatingaccesstojusticepathways_ace_april20_2022.pdf.

Justice Canada Publishes Reports on Legal Problem Experiences in Canada’s Provinces

Justice Canada has published a series of reports examining experiences with serious legal problems in Canada’s provinces. The Canadian Legal Problems Survey (CLPS) joins other Canadian legal problems surveys (in 2004, 2006, 2008 and 2014) in providing important insights into Canadian’s experiences with serious legal problems and the impacts of these experiences.

Experiences of serious problems or disputes in the Canadian provinces, 2021 is published in English here: https://www150.statcan.gc.ca/n1/daily-quotidien/220118/dq220118c-eng.htm.
Expériences de conflits ou de problèmes graves dans les provinces canadiennes, 2021 est disponible en français ici : https://www150.statcan.gc.ca/n1/daily-quotidien/220118/dq220118c-fra.htm.

Justice Canada has also published a series of qualitative legal problems reports from studies carried out with different populations in different parts of Canada. Each report details experiences of these populations with serious legal problems. The collection of reports includes:

Serious Legal Problems faced by Lesbian, Gay, Bisexual, and Other Sexual-Minority People in Western Canada: A Qualitative Study: https://www.justice.gc.ca/eng/rp-pr/jr/lgbtq/index.html.
Les graves problèmes juridiques rencontrés par les personnes lesbiennes, gaies, bisexuelles et autres membres de minorités sexuelles dans l’Ouest canadien : Une étude qualitative : https://www.justice.gc.ca/fra/pr-rp/jr/lgbtq/index.html.

A Qualitative Look at Serious Legal Problems Faced by Immigrants in Greater Victoria and Vancouver, British Columbia: https://www.justice.gc.ca/eng/rp-pr/jr/ivvbc/index.html.
Un examen qualitatif des problèmes d’ordre juridique graves auxquels se heurtent les immigrants dans les agglomérations de Victoria et de Vancouver (Colombie-Britannique) : https://www.justice.gc.ca/fra/pr-rp/jr/ivvbc/index.html.

A Qualitative Look at Serious Legal Problems Facing Immigrants in London and Toronto, Ontario: https://www.justice.gc.ca/eng/rp-pr/jr/ilto/index.html.
Un examen qualitatif des problèmes d’ordre juridique graves auxquels font face les immigrants à London et à Toronto (Ontario) : https://www.justice.gc.ca/fra/pr-rp/jr/ilto/index.html.

Serious Problems Experienced by People with Disabilities Living in Atlantic Canada: https://www.justice.gc.ca/eng/rp-pr/jr/pwdac-phca/index.html.
Problèmes graves rencontrés par les personnes handicapées au Canada atlantique : https://www.justice.gc.ca/fra/pr-rp/jr/phca-pwdac/index.html.

A Qualitative Look at Serious Legal Problems for People with Disabilities in Central Canada: https://www.justice.gc.ca/eng/rp-pr/jr/pwdcc-phcc/index.html.
Un examen qualitatif des problèmes d’ordre juridique graves touchant les personnes handicapées dans le centre du Canada : https://www.justice.gc.ca/fra/pr-rp/jr/phcc-pwdcc/index.html.

Serious Problems Experienced by Diverse People with Disabilities: Western Canada: https://www.justice.gc.ca/eng/rp-pr/jr/pwdwc-phcw/index.html.
Problèmes graves rencontrés par diverses personnes en situation de handicap – Ouest du Canada : https://www.justice.gc.ca/fra/pr-rp/jr/phcw-pwdwc/index.html.

Law Commission of Ontario’s New Paper Explores the use of Artificial Intelligence, Automated Decision-Making and Algorithms in Canada’s Justice System

“Regulating AI: Critical Issues and Choices” is the second in a series of papers by the Law Commission of Ontario (LCO) that seeks to examine the use of artificial intelligence (AI), automated decision-making (ADM) and algorithms in Canada’s justice system. The focus of this paper is on regulatory frameworks for AI and ADM systems that support decision-making. Understanding the implications of AI and ADM systems and how to regulate them has become increasingly important in Canada and throughout the world. This paper contemplates a range of important questions surrounding the regulation of these systems, including: how AI and ADM should be defined for regulatory purposes; how and when governments should be required to disclose their use of AI and ADM; what role “ethical AI” might play in government regulation of AI and ADM; and whether government regulation of AI and ADM should promote innovation and/or human rights.

“Regulating AI: Critical Issues and Choices” by Nye Thomas, Erin Chochla and Susie Lindsay is available on the Law Commission of Ontario’s website here: https://www.lco-cdo.org/en/the-lco-releases-a-new-report-regulating-ai-critical-issues-and-choices/.

New Discussion Paper Highlights the Importance of People-Centered Justice Data

A recently published paper is drawing attention to the need for more people-centered justice data in order to support decision-making by policymakers, funders, innovators and other justice stakeholders. Weak data can serve to undermine progress. Making the shift to more effective justice innovations and facilitating better justice investment strategies requires an understanding of the types of justice problems that people commonly face as well as the ways that these justice problems impact people’s lives. Available justice data does not yet meet these standards. “Grasping the Justice Gap” discusses these and other key messages and offers insights on failing justice data ecosystems and how to build effect data ecosystems for people-centered justice.

Grasping the Justice Gap: Opportunities and Challenges for People-Centered Justice Data by Peter Chapman and published by the World Justice Project and Pathfinders for Peaceful, Just and Inclusive Societies is available online here: https://530cfd94-d934-468b-a1c7-c67a84734064.filesusr.com/ugd/6c192f_33364b9803b645b8a4fa17433edcb13d.pdf.

New American Academy of Arts & Sciences Report Examines Data Collection in the Civil Justice Sector

A new report published by the American Academy of Arts & Sciences explores data collection and civil justice. The Measuring Civil Justice for All – What Do We Know? What Do We Need to Know? How Can We Know It? report is an output from the Data Collection and Legal Services for Low-income Americans sub-project. It is one of several publications by the American Academy of Arts & Sciences aimed at making justice accessible. The discussion on acquiring much-needed information about access to civil justice is organized into four topics:

(1) Liberating Civil Justice Data
(2) Data Use Agreements
(3) Alternative Strategies for Accessing Data
(4) Moving toward a Civil Justice Data Commons.

The final Measuring Civil Justice for All – What Do We Know? What Do We Need to Know? How Can We Know It? report is available online here: https://www.amacad.org/publication/measuring-civil-justice-all.

For other publications from the Making Justice Accessible Initiative, visit: https://www.amacad.org/topic/democracy-justice.

American Academy of Arts & Sciences Publishes Civil Justice for All Report

A new report from the American Academy of Arts & Sciences urges making access to civil justice a priority and offers recommendations to close the civil justice gap. The report, which was launched on 24 September 2020, is part of an extensive, multi-year project to examine the extent and consequences of the inability of Americans to access legal help for civil justice matters.

The newly published Civil Justice for All report offers seven recommendations:

  1. Significant financial and human resources investments to close the civil justice gap
  2. More lawyers who work to address the needs of low-income earners
  3. More lawyers who offer pro bono and other volunteer assistance
  4. Open legal marketplaces to allow non-lawyers to help resolve civil justice problems
  5. More collaboration between legal service providers and professionals in other sectors to address the non-legal dimensions of problems
  6. Make legal processes, legal information, forms and other resources easier for the public to understand and access
  7. Create a central body to coordinate and promote the recommendations above and to gather much-needed civil justice data

The COVID-19 pandemic has brought to the forefront many of the weaknesses in American civil society. It has also brought new challenges and worsened the civil justice gap. A major initiative to ensure access to civil justice is urgently needed to help address this growing problem.

Civil Justice for All: A Report and Recommendations from the Making Justice Accessible Initiative is available online here: https://www.amacad.org/publication/civil-justice-for-all.

New Book Examines What is Working and Not Working to Improve Access to Civil and Family Justice

The Justice Crisis: The Cost and Value of Accessing Law edited by Trevor C.W. Farrow and Lesley A. Jacobs is a newly published book that provides an in-depth look at what is working and not working to improve access to civil and family justice in Canada.

The Justice Crisis uses new empirical research to explore the value associated with the provision of an effective justice system and the costs – individual and collective – of not providing accessible justice. The national and international importance of and the need for this kind of research is widely acknowledged.

Contributors to The Justice Crisis: The Cost and Value of Accessing Law include: Carolyn Carter, Thomas A. Cromwell, Ab Currie, Matthew Dylag, Trevor C.W. Farrow, Heather Heavin, Lesley A. Jacobs, Devon Kapoor, Michaela Keet, Jennifer Koshan, Herbert M. Kritzer, Moktar Lamari, Marylène Leduc, M. Jerry McHale, Lisa Moore, Janet Mosher, Pierre Noreau, Mitchell Perlmutter, Catherine Piché, Noel Semple, Lorne Sossin, Michael Trebilcock, Wanda Wiegers and David Wiseman.

The book’s foreword is written by The Honourable Thomas A. Cromwell, CC.

The Justice Crisis: The Cost and Value of Accessing Law is part of the 7-year Cost of Justice project led by the Canadian Forum on Civil Justice. The Cost of Justice project was funded by the Social Sciences and Humanities Research Council.

The Justice Crisis: The Cost and Value of Accessing Law was published by UBC Press and is available here: www.ubcpress.ca/the-justice-crisis.

View the press release for The Justice Crisis: The Cost and Value of Accessing Law online here: https://news.yorku.ca/2020/09/02/new-evidence-on-the-justice-crisis-making-the-case-for-reform/.