CBA Report Examines Justice Issues Resulting from the COVID-19 Pandemic

A new report by the Canadian Bar Association (CBA) examines various impacts of the COVID-19 pandemic on the delivery of legal services in Canada. The report is the result of consultations and research carried out by the specially formed CBA Task Force on Justice Issues Arising from COVID-19.

The “No Turning Back” report includes a discussion of the ways that Canada and other countries are meeting the justice challenges presented by the pandemic through modified processes and other justice system changes. The report also presents a discussion of ways to mitigate risks that might be associated with the adoption of new measures aimed at delivering justice in the midst of the pandemic.

No Turning Back: CBA Task Force Report on Justice Issues Arising from COVID-19 is available online here: https://www.cba.org/CBAMediaLibrary/cba_na/PDFs/Publications%20And%20Resources/2021/CBATaskForce.pdf.

New CBABC Report Outlines Ways to Improve BC’s Justice System

The Canadian Bar Association, British Columbia Branch (CBABC) has published Agenda for Justice 2021, a plain language report that outlines recommendations for more timely, effective, accessible and impartial justice for all British Columbians. The report includes more than 40 recommendations and is organized into the following sections:

(1) Access to Justice for Families
(2) Meaningful Change for Indigenous Peoples
(3) Modernizing BC’s Justice and Legal Systems
(4) Ensuring Fairness for Everyone

The CBABC’s Agenda for Justice 2021 roadmap for action report is available online here: https://www.cbabc.org/Our-Work/Agenda-for-Justice.

Rise Women’s Legal Centre Publishes New Report on Family Violence in B.C.

A new report by B.C. based Rise Women’s Legal Centre examines the province’s family law system and its responsiveness to family violence matters. Research was carried out over 3 years and includes both consultations with experts, and focus group interviews with women across more than 20 communities in B.C. who had lived experience of violence and the legal system.

The report makes several recommendations for improvements that will contribute to dispelling myths and stereotypes. The report also discusses the need for a better understanding of the seriousness of both physical and non-physical violence.

Why Can’t Everyone Just Get Along? How BC’s Family Law System Puts Survivors in Danger by Haley Hrymak and Kim Hawkins, and published by Rise Women’s Legal Centre is available online here: https://www.citynews1130.com/2021/02/05/b-c-s-family-law-system-fails-abused-women-puts-survivors-in-danger-report/.

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/.

Investing In Justice Saves More Money Than It Costs – New CFCJ Report

The Canadian Forum on Civil Justice (CFCJ) has published a major report that examines the return on investment in access to justice in several regions, including North America, Sub-Saharan Africa, Europe, Australia and Asia. The report concludes that, “across a diversity of justice programs, services and mechanisms around the world, spending on justice results in significant economic and other benefits that generally significantly exceed the value of the investment.” In most cases, the rate of return on investment in justice services and programs is between CAD $9 and $16 for every CAD $1 that is spent.

This new report is one of ten international background reports commissioned by the Task Force on Justice to help inform their efforts towards equal access to justice for all by 2030 (UN Sustainable Development Goal 16.3).

Investing in Justice – A Literature Review in Support of the Case for Improved Access is available for download on the CFCJ website here: https://cfcj-fcjc.org/wp-content/uploads/Investing-in-Justice-A-Literature-Review-in-Support-of-the-Case-for-Improved-Access-by-Lisa-Moore-and-Trevor-C-W-Farrow.pdf.

New Inventory of Digital Tools To Help Canadian Public Address Their Legal Needs

A new inventory containing information on 88 legal digital tools aims to offer the Canadian public a way to conveniently access information on digital tools to address their legal needs. The inventory, which is currently in draft form, includes information from various areas of law including family, criminal, employment, and immigration. For each tool included in the inventory, information is provided on the cost (including if the tool is free to use), the intended user of the tool, the function, the type of law that it relates to and the developer of the tool. A brief description is also provided for each tool.

The Inventory of Digital Tools was created by Professor Amy Salyzyn (University of Ottawa) and JD students, William Burke and Angela Lee. The development of this inventory builds on previous research by Professors Jena McGill, Suzanne Bouclin, and Amy Salyzyn on the potential use of mobile and web-based applications to improve access to justice. For more information on the Inventory of Digital Tools or to provide feedback, visit the following webpage: https://techlaw.uottawa.ca/direct-public-legal-digital-tools-canada.

Access to Justice Triple Aim Initiative Launches in BC

Leaders from more than 50 justice organizations in British Columbia have signed on to support the newly launched Access to Justice Triple Aim initiative. Endorsing Triple Aim signifies a commitment to working to improve access to civil and family justice in BC in three important ways:

  • Improving access to justice at the population (or sub-population) level
  • Improving the experience of users who need access to justice
  • Improving costs, which includes reducing costs in other sectors because of the benefits of improved access to justice

Access to Justice Triple Aim was convened by Access to Justice BC, a network of justice sector organizations and stakeholders and members of the public connected by a shared vision to advance access to justice in BC. The Triple Aim concept originates from the healthcare sector where improvements in the US healthcare system have similarly been coordinated around three goals – health, cost and care.

The press release for the Access to Justice Triple Aim initiative is available on the Access to Justice BC website here: https://accesstojusticebc.ca/wp-content/uploads/2019/06/Cross-sector-justice-agreement.pdf. Additional information is also available here: https://accesstojusticebc.ca/2019/06/the-triple-aim-a-cross-sector-vision/ and in a Slaw blog published here: http://www.slaw.ca/2019/06/13/over-50-justice-organizations-agree-to-a-common-access-to-justice-goal-that-puts-user-experience-at-the-centre/.

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

A recently released report by the national Action Committee on Access to Justice in Civil and Family Matters (Action Committee) offers insights into new developments, research, initiatives and other efforts that are contributing to improvements in access to justice in Canada. This report represents the most recent review by the Action Committee of Canada’s progress on nine goals that are deemed essential for better access to justice. The report tracks achievements during 2018 using the Justice Development Goals as a common framework for coordinating efforts, sharing innovations, and measuring progress on access to justice.

Canada’s nine Justice Development Goals are to:

  • Address Everyday Legal Problems
  • Meet Legal Needs
  • Make Courts Work Better
  • Improve Family Justice
  • Work Together
  • Build Capacity
  • Innovate
  • Analyze and Learn
  • Improve Funding Strategies

The new Action Committee report, “Working Toward Accessible Justice: Tracking Progress on the JDGs in 2018” is available online in English here: http://www.justicedevelopmentgoals.ca/sites/default/files/2018jdgsworkingtorwardsa2jreport.pdf.

Vous pouvez télécharger << Travaillent pour une justice accessible : Suivi des progrès réalisés sur les objectifs de développement en matière de justice au Canada en 2018 >> ici : http://www.justicedevelopmentgoals.ca/sites/default/files/2018ojdstravaillentpoura2jrapport.pdf.

Learn more about the Justice Development Goals here: http://www.justicedevelopmentgoals.ca/goals.

Pour plus d’informations sur les objectifs de développement en matière de justice, cliquez ici : http://www.justicedevelopmentgoals.ca/fr.

American Academy of Arts and Sciences Publishes Issue on Access to Justice Crisis

The American Academy of Arts and Sciences’ quarterly journal, Dædalus, recently dedicated an entire issue to America’s access to justice crisis. The issue, which is available online for free, was edited by Lincoln Caplan, Lance Malcolm Liebman, and Rebecca L. Sandefur. This first-of-its-kind open access issue on access to justice by the well-known U.S. journal includes twenty-four essays by researchers, professors, access to justice advocates and others. The essays examine a range of civil legal services issues being faced by low-income Americans, various barriers to creating a responsive justice system, and opportunities for improving access to justice through technology, innovation and new approaches. The Dædalus issue on access to justice is available here: https://www.amacad.org/daedalus/access-to-justice.