Report Examines Legal Problems Experienced by First Nations People Living Off Reserve, Métis, and Inuit Living in the Provinces

A new report by the Centre for Indigenous Statistics and Partnerships examines the types and prevalence of legal problems experienced by First Nations people living off reserve, Métis, and Inuit. The 19 problems and disputes considered in the research are based on the serious problems identified in the 2021 Canadian Legal Problems Survey (CLPS).

Among the findings, the report reveals that:

  • A higher percentage of First Nations people living off reserve, Métis and Inuit experienced a serious legal problem in the past three years than non-racialized and non-Indigenous people
  • First Nations people living off reserve, Métis and Inuit experienced much higher rates of almost all 19 legal problem types than non-racialized and non-Indigenous people
  • Indigenous peoples experience problems related to discrimination at rates that are almost 2.5 times that of non-racialized/non-Indigenous people

Serious problems or disputes experienced by First Nations people living off reserve, Métis, and Inuit living in the provinces is co-authored by Tristan Marshall and Mohan B. Kumar. It is available on the Statistics Canada website in English here: https://www150.statcan.gc.ca/n1/pub/41-20-0002/412000022023003-eng.htm.

Problèmes ou conflits graves vécus par les personnes des Premières Nations vivant hors réserve, les Métis et les Inuit vivant dans les provinces est disponible en français ici : https://www150.statcan.gc.ca/n1/pub/41-20-0002/412000022023003-fra.htm.

B.C. Demographic Survey Seeks to Identify Systemic Racism and Aid Equitable Access

British Columbia has launched a new survey aimed at gathering information on gaps and barriers that exist for racialized groups and Indigenous Peoples across the province. The recently launched B.C. Demographic Survey focuses on the needs of the province’s diverse population and addresses priorities outlined under B.C.’s Anti-Racism Data Act, which came into effect in June 2022.

The Anti-Racism Data Committee has identified the following priority areas for research:

  • Racial diversity within B.C.’s Public Service and equity in hiring and career development;
  • Interactions with the justice system and analysis of ‘complaints’ models;
  • Health outcomes, including understanding how the system is performing for different demographic groups;
  • Understanding how students across demographic groups access and use education supports and their outcomes;
  • Children, youth, and family wellness in home and away from home;
  • Economic inclusion, including analysis of unpaid work and foreign credential recognition;
  • Homelessness, housing supply and security

The survey is open to B.C. residents aged 13 or over. A parent or legal guardian can complete the survey on behalf of children under 13. The survey is available in 15 languages and will take approximately 15 minutes to complete. It will remain open until September 29th.

Access the survey in English here: https://antiracism.gov.bc.ca/help-fill-gaps-in-bc-government-services.

Information for this post was gleaned from the Government of British Columbia’s Anti-racism webpage and the following CBC News article: https://www.cbc.ca/news/canada/british-columbia/bc-demographic-survey-systemic-racism-legislation-1.6877013.

National Self-Represented Litigants Project Seeking Feedback on Virtual Hearings

The National Self-Represented Litigants Project (NSRLP), an organization that works to enhance the responsiveness of the Canadian justice system to self-represented litigants, is seeking feedback from self-represented persons on their experience in virtual hearings.

Since the early days of the COVID-19 pandemic, courts and tribunals in Canada have increasingly shifted toward virtual processes, replacing many in-person court hearings with meetings via Zoom, Teams, etc. The National Self-Represented Litigants Project is conducting research aimed at understanding self-represented litigants’ experiences with virtual hearings in all legal environments (family, civil, criminal, tribunal). The survey is open to self-represented litigants anywhere in Canada. The survey is anonymous and will take no longer than 15-20 minutes to complete.

The survey is available in English here: https://www.surveymonkey.com/r/C68ZLYP.

Ce sondage anonyme est disponible en français ici : https://www.surveymonkey.com/r/ZDXDMJH.

This research is funded by the McLachlin Fund.

BC Launches Cross-Ministry Indigenous Justice Secretariat

In keeping with a commitment outlined in the BC First Nations Justice Strategy, the Government of British Columbia has announced the launch of the Indigenous Justice Secretariat, which will work to address the overrepresentation of and disproportionate impacts on Indigenous Peoples in the justice system and Indigenous children and youth in care. According to a press release from the BC Attorney General’s Office, “the BC First Nations Justice Strategy is designed by and for Indigenous Peoples to reform the colonial justice system and revitalize Indigenous legal practices and was endorsed by the Province and the BC First Nations Justice Council (BCFNJC) in 2020.”

The cross-ministry Indigenous Justice Secretariat will be housed within the BC Ministry of the Attorney General. It will be led by Métis-Cree lawyer and assistant deputy minister, Colleen Spier.

For more information about the access to justice goals of the newly launched Indigenous-led secretariat, or to view the BC Government’s press release, please visit: https://news.gov.bc.ca/releases/2023AG0025-000500.

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.

Statistics Canada Launches Municipal and Local Data Portal

Statistics Canada – in collaboration with the Federation of Canadian Municipalities – announced the launch of the Centre for Municipal and Local Data (CMLD) portal.

The CMLD aims to serve as a clearinghouse for consistent and comparable municipal data, while “empower[ing] municipalities through timely, trusted and reliable data.”

The portal includes:

  • a data integration and visualisation tool which displays a set of key indicators geographically;
  • a data catalogue of statistics and indicators relevant to municipalities, such as the integration of census data, as well as housing, health and crime statistics;
  • a municipal mapping function;
  • a municipal financial and socioeconomic dashboard which currently allows for comparisons across 35 Canadian cities on standard financial indicators, including those relating to infrastructure spending, as well as allowing integration of selected socioeconomic indicators

Statistics Canada and the FCM invite stakeholders and the public to check the portal regularly as new data and features will continue to be added.

The recently launched Centre for Municipal and Local Data can be accessed online at: https://www159.statcan.gc.ca/index-eng.htm.

Some details about the CMLD in this post were copied from a news release from Statistics Canada’s Stakeholder Relations and Engagement Division.

Canadian Government Seeking Input on Immigration System

The Canadian government is seeking input on the future of Canada’s immigration system. Until April 2023, the government is engaging stakeholders across Canada to collect feedback on:

  • How Canada’s immigration system can better support Canada’s future economic and social goals;
  • What works about the current immigration system;
  • Changes that would make the current system more successful, and milestones for future successes; and,
  • How Canada can best meet the needs of newcomers

Members of the public can share their views via a 15-minute online survey, available in French and English: https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/canada-future-immigration-system.html.

The survey closes on April 27, 2023.

Access to Justice Week in BC is February 4 to 10, 2023

This year, Access to Justice Week in British Columbia will take place from Saturday, February 4 to Friday, February 10. The theme of this year’s event is “Access to Justice – Whose Job is it Anyway?” Events scheduled for Access to Justice Week BC include:

  • Youth Leaders in Law: National Conference 2023 (Saturday, February 4)
    During this event, high school and undergraduate students interested in law school will hear from a panel of law school professors and legal counsel. Attendees will also have an opportunity to meet and speak with panelists and law students. This event will be available via Zoom.
  • Access to Justice Issues in BC’s Family Law System (Monday, February 6)
    This panel will highlight recent research on access to justice issues in BC’s family law system and explore the importance of people-centred design. 

There will be two events on Tuesday, February 7: Understanding and Creating Access to Justice (in-person session) and Access to Justice: Whose Job is it Anyway?

Other events include:

Wednesday, February 8
Event 1: Neurodiversity in Law
Event 2: Youth Leaders in law Virtual Speed Networking

Thursday, February 9
Event 1: Justice for Everyone: Developing New Lawyers in the Public Interest
Event 2: Friends of the Court and Access to Justice

Friday, February 10
Event 1: Innovating to Create Market-Based Solutions
Event 2: Drug Treatment Court – Specialized Approaches

For information on whether events can be attended remotely or in-person, and for the full description of Access to Justice Week BC events, including information on panelists, visit the Access to Justice Week BC website: https://accesstojusticebc.ca/a2jweekbc/.

B.C. Government Publishes Intentions Paper on Regulatory Modernization and Seeks Feedback on Proposed Reforms

The British Columbia Ministry of Attorney General has published “Legal Professions Regulatory Modernization”, an intentions paper discussing B.C.’s legal services landscape, previous reform efforts in the province, and proposed reforms. Among the proposed reforms, the paper lists:

  • A single statute and a single regulator;
  • A clear mandate that communicates the regulator’s core responsibilities and powers;
  • A modernized governance framework;
  • A flexible licensing framework;
  • An efficient discipline framework to ensure that there are effective processes in place to maintain competence and professional conduct and practice among those subject to the regulation; and,
  • An enhanced focus on public interest.

For anyone interested in providing feedback to the proposals, the B.C. Ministry of the Attorney General invites written submissions via email at PLD@gov.bc.ca or feedback submitted via online survey at https://engage.gov.bc.ca/govtogetherbc/consultation/legal-professions-reform/. Submissions will be accepted until November 18, 2022.

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://ajrn.org/wp-content/uploads/2022/06/5876c-navigatingaccesstojusticepathways_ace_april20_2022.pdf.