UK Law Commission Report Explores Benefits of Law Reforms for Economy and Society

A recently published UK Law Commission report provides an update from 2019 to 2023 of the benefits for the economy and society derived from law reforms.

The report identifies efficiency gains, technology driven growth, harm prevention, well-being improvement, rule of law, access to justice, modernising the legal system, and thought leadership as outcomes of the Law Commission’s projects. The report also confirms benefits for the economy valued at £670 million over 10 years, and the potential for positive impacts for more than 5 million people and over 75% of households from the implementation of other initiatives.

In addition to details on the Law Commission’s outputs, and how the impacts of the Law Commissions reforms are measured, the report also includes recommendations for further research.

The Law Commission’s “Value of Law Reform: Update” report is available in English and Welsh here: https://lawcom.gov.uk/document/the-value-of-law-reform/.

Information for this post was gleaned from the Law Commission report.

Report on UN Sustainable Development Goal 16 Explores Power of Digitalization

The goal of UN Sustainable Development Goal (SDG) 16 is to: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. A new report, published this month, explores the potential of digitalization to help create a more just, inclusive and sustainable world.

The SDG 16: Through a Digital Lens report seeks to examine the ways in which the move towards digitalization intersects with the pursuit of peace, justice and strong institutions. It highlights the importance of considering digital enablers, and outlines a vision for ensuring that digital transformation aids, rather than impedes, progress towards SDG 16.

Topics explored in the report include:

  • Universal connectivity and the digital divide
  • Legal identity
  • Illicit financial flows and their digital enablers
  • Impacts of online disinformation and misinformation
  • Perspectives on conflict in the digital space
  • Moving forward (digital social contracts, responsive and people-centred digital governance, other issues)

SDG 16: Through a Digital Lens was prepared by David Andersson for the United Nations Interregional Crime and Justice Research Institute. The report is available in English here: https://unicri.it/sites/default/files/2023-11/SDG%2016%20%20Report_web.pdf.

Nova Scotia Barristers’ Society Announces Launch of Innovation Sandbox Pilot Project

Following approval at a November 2022 Nova Scotia Barristers’ Society Council meeting, the Nova Scotia Barristers’ Society officially launched the Innovation Sandbox Pilot Project on October 24, 2023. The goal of the Innovation Sandbox Pilot Project is to foster “creative and novel solutions to access to justice issues across Nova Scotia”.

By removing regulatory barriers that would otherwise delimit participant law firms from engaging in certain projects, the Nova Scotia Barristers’ Society seeks to provide a space for the development of new kinds of legal service delivery that will improve access to justice in the province. Initiatives undertaken through the Innovation Sandbox Pilot Project can focus on embracing new technologies, business models, or funding structures beyond the parameters of industry norms.

At present, the Nova Scotia Barristers’ Society is working with three participants as a pilot, with a view to putting in place a structure to monitor and accept applications from more firms.

To learn more about the Innovation Sandbox Pilot Project and how it could help improve access to justice in Nova Scotia, please visit: https://nsbs.org/society-news/a2j-week-innovation-sandbox-aims-to-improve-access-to-justice/.

Information for this post was gleaned from: https://nsbs.org/society-news/a2j-week-innovation-sandbox-aims-to-improve-access-to-justice/.

Digital Credentials Project Launches Province-Wide in B.C.

Following a pilot project phase that included more than 250 family lawyers in B.C., the province is expanding its Member Digital Credential project.

A news release by The Law Society of British Columbia describes digital credentials as an innovative solution that enables lawyers to securely identify themselves online, provides a more efficient and cost-effective way to interact with courts and government services, and allows access to online court materials.”

The now two-year old Member Digital Credential project will expand in stages, beginning with a phased rollout in family law and criminal law.

The Member Portal can be accessed online at: https://www.lawsociety.bc.ca/lsbc/apps/members/login.cfm. Questions about the Member Digital Credential can be sent to AskACM@gov.bc.ca.

Government of Nova Scotia Seeking Feedback from Justice System Users

A digital task force, led by the Department of Justice and the Nova Scotia Judiciary, has launched a public survey to gather information from court system users in Nova Scotia. The goal of the survey is to identify areas for improvement in Nova Scotia’s court system and areas where the courts are working well.

The survey represents the second step in the task force’s information-gathering efforts. Interviews were previously carried out with Nova Scotia court staff, judges, lawyers and others with a view to learning areas where the court system is overwhelmed; the types of guidance that are provided by the court system; the types of electronic filing and document management systems that are being used in the court system; when remote court attendance is being used and how it is working; and, in what ways the justice system can better address the need for more access to information. Findings from the survey will help to inform next steps in modernizing Nova Scotia’s courts using technology and digitization.

The public survey will remain open until March 31. It can be accessed online here: https://novascotia.ca/nova-scotia-courts-digital-task-force/.

Supreme Court of Canada Launches Electronic Filing Portal

Beginning Monday, January 30th, 2023, parties will be able to access a new Electronic Filing Portal to upload documents related to their case before the Supreme Court. With the exception of documents that are under a confidentiality order or sealed, the portal will be used for all filings. Users accessing the web-based portal will be required to register using an email address, which will be verified by the Registry Branch. Users will receive an initial confirmation of documents that are submitted, as well as a confirmation from the Registry when the documents are processed.

For more information about the Supreme Court of Canada’s Electronic Filing Portal, visit: https://www.scc-csc.ca/parties/efp-pde-info-eng.aspx.

Information about the Electronic Filing Portal is available in French here: https://www.scc-csc.ca/parties/efp-pde-info-fra.aspx

Manitoba Regulatory Sandbox Pilot Program Accepting Proposals

A pilot program that aims to provide Manitobans with new and innovative legal service options is now accepting proposals. The Law Society of Manitoba’s “Regulatory Sandbox” pilot program was created to facilitate legal service delivery by lawyers in ways that would not be allowed under current regulations. The program will also provide a safe environment for non-lawyers to provide advice and legal help.

For more information about the Regulatory Sandbox Pilot Program, including access to the application and information on how to submit a proposal, visit the Law Society of Manitoba website here: https://lawsociety.mb.ca/about/lsm-initiatives/access-to-justice/regulatory-sandbox-pilot-program/. Legal service providers who are not lawyers are encouraged to apply.

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/.

Study on the Costs and Benefits of Community-Based Justice in Sierra Leone Makes Important Recommendations for Scaling Up Community Justice Services

On average, it costs users of local, paralegal services in Sierra Leone US $8.44 to access the service, far below what it costs to access the formal justice system. According to a new report on the Costs and Benefits of Community-Based Justice in Sierra Leone, without these community-based justice services, the government would spend approximately US $23.3M to support access to justice services through the formal justice system. This compares with approximately US $18.3M to access community-based justice services. This is among several important findings from a first-of-its-kind study by the Center for Alternative Policy Research & Innovation on The Costs and Benefits of Community-Based Justice in Sierra Leone.

The report makes 10 recommendations for scaling up paralegal-based justice services, including:

  • Establishing a National Legal Empowerment Fund;
  • Funding exploratory research;
  • Further reducing out-of-pocket costs to access community-based justice services;
  • Meaningfully integrating community-based justice services in the broader justice sector; and
  • Building robust and efficient monitoring and evaluation systems.

The Costs and Benefits of Community-Based Justice in Sierra Leone by Felix Marco Conteh, Yakama Manty Jones, Sonkita Conteh, Henry Mbawa and Aisha Fofana Ibrahim (CAPRI) is available online here: https://www.caprisl.org/post/the-costs-and-benefits-of-community-based-justice-in-sierra-leone.

This project was funded by the International Development Research Centre (IDRC) and is one of the final research outputs from a multi-country research initiative on Community-Based Justice Research.

Project to Assess Unbundled Legal Services Publishes Phase 1 Report

The Family Law Unbundled Legal Services Research Project (ULSRP) is an initiative by the Access to Justice BC Unbundling Working Group, Family Justice Innovation Lab Society, and Standpoint Decisions Inc. which seeks to examine the effectiveness of family unbundled legal services. The project also aims to “facilitate access to justice by enhancing the working relationships between the existing community of [unbundled legal services] providers and BC citizens most in need of unbundled-type services.”

The project is being conducted in two phases, with the focus of Phase 1 to test and demonstrate the feasibility and benefits of a proposed model for ongoing feedback from unbundled legal services clients. Data collected from this project will help service providers, innovators and policy-makers to assess the effectiveness of unbundled family legal services and better understand the user/client experience. The final report from Phase 1 of the Family Law Unbundled Legal Services Research Project is available here: https://www.bcfamilyinnovationlab.ca/wp-content/uploads/2021/12/ULSRP-Phase-1-Report-2021-12-08-File-No-2020-LLR-3552-no-financials.pdf.