Category National

Justice Canada Publishes Black Justice Strategy Implementation Plan

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Canada’s Department of Justice has announced the release of Canada’s Black Justice Strategy Implementation Plan. The Plan, entitled Toward Transformative Change: an Implementation Plan for Canada’s Black Justice Strategy, creates a 10-year timeline to address the over-representation of Black people in Canada’s justice system caused by systemic inequalities. Proposed funding investments to support Canada’s first ever Black Justice Strategy would be spread across nine departments and agencies. Proposed investments of $23.6 million over two years would support the following Department of Justice Canada activities, beginning in the 2025-26 fiscal year:

  • Develop Black-specific court worker/navigation services
  • Expand the use of Impact of Race and Culture Assessment reports at decision points in the criminal justice system other than sentencing
  • Develop supports for Black victims and survivors of crime
  • Extend the External Steering Group to provide expert advice on implementing the Black Justice Strategy
  • Develop Black-specific diversion, conferencing, and bail supervision projects for youth

Toward Transformative Change: an Implementation Plan for Canada’s Black Justice Strategy, released by the Department of Justice Canada is available online in English here: https://www.justice.gc.ca/eng/cj-jp/cbjs-scjn/ttc-ect/index.html.

Étapes pour un changement transformateur : Plan de mise en œuvre de la Stratégie canadienne en matière de justice pour les personnes noires est disponible en français ici : https://www.justice.gc.ca/fra/jp-cj/scjn-cbjs/ect-ttc/index.html.

Information for this post was gleaned from the Department of Justice Canada’s news release on Canada’s Black Justice Strategy’s Implementation Plan, available in full here:  https://www.canada.ca/en/department-justice/news/2025/02/release-of-canadas-black-justice-strategys-implementation-plan-an-important-step-toward-transformational-change-in-the-criminal-justice-system-in-c.html.

New Study Examines Canadians’ Knowledge and Views on the Supreme Court

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Non-profit organization, the Angus Reid Institute has published data from a new study on Canadians’ views on the Supreme Court of Canada. Data from the study are organized in the final report according to the following three themes:

  • Knowledge about the Supreme Court
  • Views on the Supreme Court’s Impartiality
  • Supreme Court Reforms

The study reveals that more than half of Canadians believe either justices can hold other jobs (12%) or are unsure (45%) and that justices are appointed for life. Approximately one-third (31%) didn’t know about the term limits. Interestingly, while roughly two-thirds (63%) of Americans can correctly identify at least two Supreme Court justices from a list containing a combination of decoy names and the names of justices, only about one-quarter (25%) of Canadians can do the same.

The study also reveals that a majority of Canadians (62%) believe that the Supreme Court of Canada is impartial, while 22% believe that it is biased. A majority (65%) believe that law is more influential than politics in the decisions dispensed by the Supreme Court. Despite belief in the impartiality of the Supreme Court, fewer than half of Canadians (49%) say that they have confidence in the Supreme Court, while 42% say that they do not have confidence in the Supreme Court.

For other findings from the Angus Reid Institute study, or to view the methodology, demographic characteristics of study respondents, or the questionnaire, please visit: https://angusreid.org/supreme-court-appointment-impartial-bilingualism/.   

Canadian Bar Association Gathering Feedback on the Articling Experience Across Canada

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A recently launched Canadian Bar Association (CBA) survey aims to identify changes that can be made to articling programs across Canada to better “support the well-being and professional development of future lawyers”. Research reveals that approximately 25 per cent of articling students have had experiences that made them question whether they should stay in the legal profession. This CBA survey provides an opportunity to share positive and negative feedback about articling and make recommendations on ways to improve these programs.

The CBA “Evaluating the Impact of Articling: Best Practices and Areas for Reform” survey will remain open until Friday, November 15. The survey is available in English here: https://www.surveymonkey.com/r/CBAarticling. The survey is available in French here: https://fr.surveymonkey.com/r/sondageABC.

Canadian Judicial Council Outlines Guidelines for Use of AI in Courts

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The Canadian Judicial Council (CJC), the body responsible for improving the quality of judicial services provided in Canada’s superior courts, has issued new guidance on the use of artificial intelligence in Canadian courts. According to a CJC news release, in issuing these guidelines, the CJC aims to “raise awareness of the risks inherent in the use of artificial intelligence tools” and provide information on how AI tools can be effectively and appropriately applied to assist judges in their responsibilities.

There are seven guidelines discussed in the report:

  • Protect judicial independence
  • Use AI consistently with core values and ethical rules
  • Have regard to the legal aspects of AI use
  • Subject AI tools to stringent information security standards
  • Ensure that AI tools used in court applications are able to provide understandable explanations for their decision-making output
  • Ensure regular tracking of the impact of AI deployments by courts
  • Develop a program of education and provide user support

Guidelines for the Use of Artificial Intelligence in Canadian Courts was prepared for the Canadian Judicial Council by Martin Felsky, Ph.D., J.D., and Professor Karen Eltis. It is available in English here: https://cjc-ccm.ca/sites/default/files/documents/2024/AI%20Guidelines%20-%20FINAL%20-%202024-09%20-%20EN.pdf and in French here: https://cjc-ccm.ca/sites/default/files/documents/2024/AI%20Guidelines%20-%20FINAL%202024-09%20-%20FR.pdf.

The news release is available in English here: https://cjc-ccm.ca/en/news/canadian-judicial-council-issues-guidelines-use-artificial-intelligence-canadian-courts and in French here: https://cjc-ccm.ca/fr/nouvelles/le-conseil-canadien-de-la-magistrature-publie-des-lignes-directrices-sur-lutilisation-de.

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

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The national Action Committee on Access to Justice in Civil and Family Matters published their annual report on Canada’s justice development goals. The 2024 publication provides details on access to justice initiatives and projects that took place nationally, and in Canada’s provinces and territories during 2023. For the recently released report, 253 organizations provided feedback on their activities.

The report includes progress on the following goals:

  • Justice Development Goal (JDG) 1: Address Everyday Legal Problems
  • Justice Development Goal (JDG) 2: Meet Legal Needs
  • Justice Development Goal (JDG) 3: Make Courts Work Better
  • Justice Development Goal (JDG) 4: Improve Family Justice
  • Justice Development Goal (JDG) 5: Work Together
  • Justice Development Goal (JDG) 6: Build Capability
  • Justice Development Goal (JDG) 7: Innovate
  • Justice Development Goal (JDG) 8: Analyze and Learn
  • Justice Development Goal (JDG) 9: Improve Funding Strategies

Canada’s Justice Development Goals: 2023 Highlights is available in English here: https://ajrn.org/wp-content/uploads/2024/10/75a92-2023jdgshighlights.pdf  and in French here: https://ajrn.org/wp-content/uploads/2024/10/cb3e7-french2023odj.pdf.

Canadian Judicial Council Publishes Guidelines for Social Media Use by Federally Appointed Judges

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A new publication by the Canadian Judicial Council (CJC) outlines guidelines for the use of social media by federal judges in Canada. The Guidelines discuss:

  • General principles of social media use
  • The review of social media accounts upon appointment
  • Self-identification on social media accounts
  • Creating and interacting with social media accounts
  • Connections through social media
  • Privacy and security, and
  • Training and education

The Guidelines examine the benefits and risks of social media use by federally appointed judges, and aim to provide information on how federally appointed judges can safely use social media. According to a CJC press release, benefits of social media use include: the chance to “connect with the broader judicial community; facilitate public education about the judicial role and the legal system; maintain personal connections with friends and family, which is an important component of judicial wellness; and educate judges on a technology that may arise in cases before them.”

Guidelines on the Use of Social Media by Federally Appointed Judges / Guide sur l’utilisation des médias sociaux par les juges de nomination fédérale is available online here: https://cjc-ccm.ca/sites/default/files/documents/2024/Guidelines%20on%20the%20Use%20of%20Social%20Media_bil_Final.pdf.

Updated Canadian Indicator Framework for UN SDGs Includes Civil Court Case Completion Time

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Statistics Canada has released information about the updated Canadian Indicator Framework (CIF) for the United Nations Sustainable Development Goals (SDGs). The UN SDGs represent a global effort to advance economic and social development across 17 goals. The CIF for the UN SDGs was created to address and better assess Canada’s progress towards national SDG priorities. Every indicator in the CIF includes the most recent data available. Canada carries out a review of the CIF every three years. This year’s review resulted in several changes in the framework, including the addition of 20 indicators deemed important to address measurement gaps.

Notable for the justice community, an indicator on civil court case completion time (the time elapsed from the initiation of a civil court case to its first disposition) was added under Goal 16 (Peace, Justice and Strong Institutions).

A Statisics Canada news release indicates the following:

“In 2022/2023, 46.7% of total civil cases were completed within three months, up from 46.1% in 2021/2022.

Family cases, such as divorce, child custody, property division and adoption, have maintained a higher proportion of swift resolutions compared with general civil cases, which may involve disputes, such as contracts, bankruptcy and other claims involving money.

In 2022/2023, 57.7% of family cases were resolved within three months in 2022/2023, compared with just under 40% of general civil cases being resolved within the same period.”

Information and data for Indicator 16.4.4: Civil court case completion time is available here: https://sdgcif-data-canada-oddcic-donnee.github.io/16-4-1/.

Information for this post was gleaned from a Statistics Canada news release. To read the release, visit: https://www.statcan.gc.ca/o1/en/plus/7064-peek-updated-canadian-indicator-framework.

Call for Proposals Launched for 2025 People-Centred Justice Workshop

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The 3rd annual People-Centred Justice Workshop will take place from May 30-31, 2025 in Vancouver, BC, on the unceded traditional territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations. Organized by the BC Access to Justice Centre for Excellence at the University of Victoria, in collaboration with University of British Columbia’s Peter A. Allard School of Law and Thompson Rivers University’s Faculty of Law, and building on the success of the 2023 and 2024 PCJ workshops, this event aims to provide a venue to discuss Canadian A2J initiatives. The theme for the 2025 Workshop is “Innovation in People-Centred Justice.” The workshop will be conducted in a hybrid format, with AI-assisted translation services available for participants joining remotely or in person.

The organizing committee welcomes proposals on research, projects, or papers addressing any form of innovation in this field, whether through technology, procedural reform, or alternative approaches to people-centred justice. If you would like to participate, please submit your information and a brief proposal outline in this form by October 7, 2024. No abstract or complete work is required now, and subsequent deadlines will be communicated with participants. Participants will not be strictly held to the outline they provide. The October 7 deadline will allow organizers to better plan the workshop program and apply for funding to support the event.

The 2025 People-Centred Justice Workshop will immediately follow the 2025 Conference of the Federation of Law Reform Agencies of Canada (FOLRAC), which will also be held in Vancouver. Some participants may wish to attend both events.

Justice Canada Publishes Report Examining Out-of-Court Dispute Resolution in Family Law

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In 2023, the Department of Justice Canada launched a study aimed at examining government-funded out-of-court dispute resolution services for families experiencing a separation or divorce in Canada. The study focuses on better understanding the following questions:

  • What are the mediation or conciliation services or programs offered by provinces and territories to resolve family law issues?
  • How are outcomes measured? What does a successful or partially successful outcome look like? Partially successful outcome?
  • Which factors are consistent across jurisdictions?

The final report includes a summary of program features, details on COVID-19 pandemic response and other changes to programs, service metrics and discusses the potential for further research.

The recently published report on “Out-of-court dispute resolution for families experiencing separation or divorce in Canada” is available in English here: https://www.justice.gc.ca/eng/rp-pr/jr/dispute-differends/docs/rsd_rr2023_out-of-court-dr-eng.pdf.

Justice Canada Launches Survey on Federal Child Support Guidelines

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Child support in Canada is calculated using child support guidelines. Child support guidelines comprise of rules and tables used to determine child support amounts. The Federal Child Support Guidelines are regulations under the Divorce Act that apply when parents divorce or are divorced. There are also provincial and territorial child support guidelines that apply when married parents separate but do not divorce, or when the parents were never married to each other.

The Department of Justice has launched a survey to gather feedback on possible changes to the Federal Guidelines. The survey focuses on two main areas of the Federal Guidelines:

  • Determining child support amounts in shared parenting time arrangements and
  • Compliance with income disclosure obligations.    

The survey will take roughly 15 minutes to complete. The deadline to participate in the survey is September 25, 2024. Responses will be anonymous.

To access the survey, visit: https://form.simplesurvey.com/f/s.aspx?s=42c6ed2c-8127-47a7-b3a7-f264c5d32a92.

To access a PDF version of the survey, contact: rsd.drs@justice.gc.ca. 

Some information in this post was taken verbatim from an e-blast circulated by Justice Canada.