Annual Action Committee Report Highlights Progress on Access to Justice and Justice Sector Responses to the Pandemic

The national Action Committee on Access to Justice in Civil and Family Matters has released its annual progress report on the Justice Development Goals. The report offers insights on developments in nine areas deemed essential for better access to justice in Canada. The nine areas are based on the goals identified in the Action Committee’s 2013 “A Roadmap for Change” report which highlighted the need to:

  • Refocus the justice system to reflect and address everyday legal problems
  • Make essential legal services available to everyone
  • Make courts and tribunals fully accessible multi-service centres for public dispute resolution
  • Make coordinated and appropriate multidisciplinary family services easily accessible
  • Create local and national access to justice implementation mechanisms
  • Promote a sustainable, accessible and integrated justice agenda through legal education
  • Enhance the innovation capacity of the civil and family justice system
  • Support access to justice to promote evidence-based policy making
  • Promote coherent, integrated and sustained funding strategies

This year’s Action Committee report also includes a section on the justice sector’s responses to the COVID-19 pandemic.

“Canada’s Justice Development Goals 2020: Challenge and Change” is available in English here: http://www.justicedevelopmentgoals.ca/sites/default/files/jdgreport2020challengechange.pdf.

Pour télécharger << Objectifs de développement en matière de justice du Canada de 2020 : Défis et changements >> cliquez ici : http://www.justicedevelopmentgoals.ca/sites/default/files/odjrapport2020defichangements.pdf.

Canadian Judicial Council Publishes 3 New Handbooks for Self-Represented Litigants

The Canadian Judicial Council (CJC) has announced the publication of a new Civil Law Handbook, Criminal Law Handbook and Family Law Handbook for self-represented litigants. According to a May 5th press release, “[t]he goal of the handbooks is to help those who are not represented by legal counsel to better prepare for court proceedings, and to provide judges with tools they can recommend to such persons to help them access the courts.”

The handbooks were developed in conjunction with the Judicial Education Society of British Columbia and provide useful information on how to obtain electronic access to statutes, regulations and forms.

The three new handbooks are available on the CJC website in English here: https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court and in French here: https://cjc-ccm.ca/fr/ce-que-nous-faisons/initiatives/se-representer-soi-meme-devant-un-tribunal.

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/.

Social Security Tribunal of Canada Publishes Evaluation on Plain Language Decision-Writing

The Social Security Tribunal of Canada (SST) has published an evaluation on their progress in writing decisions in plain language. The evaluation was spurred by a 2017 external program review that found that many SST clients faced significant obstacles to “receiving administrative justice in a simple, clear and timely manner”. The recently published evaluation is the result of a 3-year effort to shift to a more people-centred model that sees decisions written with less legal jargon and that are easier to understand by people who read at a grade 9 reading level or higher.

The evaluation, published on the Government of Canada website, includes details on the methodology used for the evaluation, the impact of training on different aspects of decision-writing, the readability scorecard for decisions in both English and French, and other information. “An Evaluation of How Easy it is to Read Decisions of the Social Security Tribunal” is available online here: https://www1.canada.ca/en/sst/plainlanguagereport.html.

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 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.

Justice for All: Canadian Launch of the Report of the Task Force on Justice

On May 30th, 2019, the Global Centre for Pluralism will be hosting the Canadian launch of the Task Force on Justice’s “Justice for All” report. The event is being hosted in partnership with the Task Force on Justice and the International Development Research Centre. The “Justice for All” report explores the extent of the global justice gap, the cost of injustice, the benefits of investing in justice, along with other important, topical access to justice issues.

The launch of the report will take place from 8:30-10:00 am EDT in Ottawa and will also be live-streamed. This launch is one of many events that has been organized as part of the Open Governance Partnership Summit (Tuesday 28 – Friday 31 May, 2019): https://www.justice.sdg16.plus/ogpjustice.

Additional information on the Open Governance Partnership Summit and the launch of the report can be found here: https://www.pluralism.ca/event/justice-for-all-canadian-launch-of-the-report-of-the-task-force-on-justice/.

The “Justice for All” report is available in English, French and Spanish here: https://www.justice.sdg16.plus/report.

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.