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.

Recently Revived Law Commission of Canada Launches Website

The recently revived Law Commission of Canada has launched its website. First established in 1971 and revived and funded under the 2021 federal budget, the Law Commission of Canada is a statutory body with a mandate to provide “independent advice on improvements, modernization and reform for a just legal system that meets the changing needs of Canadian society”. The website provides an overview of the Law Commission’s mandate, background and principles. The Law Commission’s efforts to make the Canadian justice system more accessible and efficient will be outlined in an annual report.

Visit the Law Commission website in English here: https://www.canada.ca/en/law-commission-canada.html et en français ici : https://www.canada.ca/fr/commission-droit-canada.html.

The Law Commission of Canada Act is available online here: https://laws-lois.justice.gc.ca/eng/acts/L-6.7/index.html.

The Law Commission of Canada is available on Twitter at @LawCommCan et @CommDroitCan.

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

Annual Access to Justice Week to Focus on Using Data to Address Legal Needs

The seventh annual Access to Justice Week will run from October 24 to 28, 2022. This year’s event will feature a series of workshops and presentations on the theme, “Access to Justice Counts: Using Data to Address the Legal Needs of Canadians”. The full schedule is now available. The public is invited to learn more by visiting the event website and register to attend events, which will take place virtually: https://lso.ca/theactiongroup/access-to-justice-week.

Justice Canada Revises Questionnaire for Federal Judicial Appointments

The Department of Justice Canada has made changes to the Questionnaire for Federal Judicial Appointments. Incorporating feedback received from the Canadian Judicial Council (CJC), the Canadian Bar Association (CBA) and the Office of the Commissioner for Federal Judicial Affairs (OCFJA) since 2016, the newly revised Questionnaire seeks to be more respectful and offer more inclusive language for candidates, among other changes. The Questionnaire is open to persons who wish to be considered for a federal judicial appointment.

For more information on changes to the Questionnaire, view the Department of Justice’s news release in English here: https://www.canada.ca/en/department-justice/news/2022/09/government-of-canada-announces-changes-to-federal-judicial-appointment-questionnaire.html et en français ici : https://www.canada.ca/fr/ministere-justice/nouvelles/2022/09/le-gouvernement-du-canada-annonce-des-modifications-au-questionnaire-pour-les-nominations-a-la-magistrature-federale.html.

Justice Department Publishes Report on Indigenous and Restorative Justice Approaches

A new report published by the Justice Department of Canada provides details on a panel discussion held in February 2022 on Indigenous and Restorative Justice Approaches. The panel discussion that informed the recently published Indigenous and Restorative Justice Approaches report was designed to help set the stage for the National Restorative Collaborative Learning Conference, taking place in October 2022. Key discussion themes at the February panel included: the need for greater awareness of concepts and terminology on Indigenous and restorative justice (Indigenous Justice, Customary laws, Restorative Justice, etc.); understanding the meaning of “justice”; and, more broadly, the need for more education and awareness among lawyers and legal professionals of how to be an ally to Indigenous peoples, the differences among and within First Nations, Inuit, Métis communities and cultures, among other, related topics.

The Justice Department’s report on Indigenous and Restorative Justice Approaches is available in English here: https://www.justice.gc.ca/eng/rp-pr/jr/irja-afajr/index.html.

Le rapport de la table ronde : Approches fondées sur les Autochtones et la justice réparatrice est disponible en français ici : https://www.justice.gc.ca/fra/pr-rp/jr/afajr-irja/index.html.

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/.

Justice Canada Publishes Call for Projects under the Canadian Family Justice Fund

The Department of Justice of Canada has released a call for projects under the Canadian Family Justice Fund (CFJF). The CFJF “facilitates access to the family justice system for families experiencing separation and divorce through the provision of various services, programs and information resources”.

Project proposals are being sought that focus on the following priority areas:

  • Supporting the well-being of family members
  • Reaching diverse and underserved populations
  • Supporting alternatives to court
  • Improving and streamlining family justice system links/processes  

Individuals, non-profit organizations and non-profit professional organizations, societies or associations, educational institutions, and private sector organizations sponsoring non-profit projects in partnership with federal, provincial, or territorial governments are invited to apply. Information on the Canadian Family Justice Fund is available in English at https://www.justice.gc.ca/eng/fund-fina/famil/index.html et en français à : https://www.justice.gc.ca/fra/fina-fund/famil/index.html.

Canadian Judicial Council and Department of Justice Sign Key Memoranda of Understanding

The Department of Justice of Canada has announced two Memoranda of Understanding (MOUs) between the Department of Justice and the Canadian Judicial Council (CJC). The MOUs are aimed at “strengthening judicial independence” and “increasing public confidence in the justice system”. The MOU on judicial independence acknowledges the CJC’s autonomy in fulfilling its mandate to serve the public. The MOU on judicial education confirms how the federal government and the CJC engage on matters of judicial education while respecting constitutional boundaries. The MOUs were signed by the Right Honourable Richard Wagner, the Chief Justice of Canada and the Honourable David Lametti, the Minister of Justice.

The April 28, 2022 press release on the two Memoranda of Understanding, as well as links to additional information, is available in English here: https://www.canada.ca/en/department-justice/news/2022/04/strengthening-judicial-independence-and-increasing-public-confidence-in-the-justice-system-chief-justice-of-canada-and-minister-of-justice-sign-two.html.

The press release is available in French here: https://www.canada.ca/fr/ministere-justice/nouvelles/2022/04/renforcer-lindependance-judiciaire-et-accroitre-la-confiance-du-public-envers-le-systeme-de-justice-le-juge-en-chef-du-canada-et-le-ministre-de-la-.html.

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.