The US-based Self-Represented Litigation Network (SRLN) website now includes a Canadian Access to Justice Research page.
In the SRLN brief that discusses this recent website addition, there are links to several recent Canadian access to justice research papers, resources and other publications.
Read the SRLN brief in full here.
Comparing the Views of Judges and Lawyers Practicing in Alberta and in the Rest of Canada on Selected Issues in Family Law: Parenting, Self-represented Litigants and Mediation draws on the findings of a survey, conducted by the Canadian Research Institute for Law and the Family, Professor Nick Bala and Dr. Rachel Birnbaum, of the participants at the 2014 National Family Law Program in Whistler, British Columbia, and compares the views of Alberta respondents with those from the rest of Canada on a number of issues, including parenting after separation, self-represented litigants, access to justice and mediation.
The report notes some striking differences between the views and experiences of Alberta practitioners and those from elsewhere in Canada. Among other things, Alberta practitioners are more likely to: have cases resulting in shared custody or shared parenting; support the amendment of the Divorce Act to use terms such as parenting responsibilities and parenting time; have cases involving self-represented litigants; support mandatory information programs for self-represented litigants; and, support the use of paralegals to improve access to justice for self-represented litigants. Recommendations are made on subjects including: the amendment of the Divorce Act; the use of unbundled legal services to promote access to justice; the use of mandatory mediation where at least one party is self-represented; the provision of limited legal services in family law matters by paralegals; and, the use of standardized questionnaires by lawyers screening for domestic violence.
Comparing the Views of Judges and Lawyers Practicing in Alberta and in the Rest of Canada on Selected Issues in Family Law: Parenting, Self-represented Litigants and Mediation was written by Dr. Lorne Bertrand and John-Paul E. Boyd and can accessed through the Institute’s website here.
The Action Group on Access to Justice (TAG) works with political, institutional and community stakeholders to mobilize solutions to access to justice problems in Ontario.
TAG recently released a report of the projects and initiatives that they carried out in 2015 that were aimed at improving access to justice in Ontario. The TAG 2015 Activity Report is available here.
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Le Groupe d’action sur l’accès à la justice (TAG) est une organisation qui travaille avec des intervenants politiques, institutionnels et locals pour trouver des solutions aux obstacles à l’accès à la justice en Ontario.
Récemment, TAG a publié un rapport qui souligne touts leurs projets et initiatives de 2015 concernant l’accès à la justice en Ontario. Pour lire le rapport d’activités de 2015 de TAG, cliquez ici.
This paper discusses Quebec’s efforts to “renew its legal culture towards a participatory justice, rooted in fair-minded processes that encourage the persons involved to play an active role”. Roberge et al use empirical evidence to explore litigant’s “Sense of Access to Justice” (“SAJ”) in settlement conferences conducted by Quebec trial court judges operating under a “facilitative integrative problem-solving approach”.
Jean-François Roberge’s paper, “Sense of Access to Justice” as a Framework for Civil Procedure Justice Reform: An Empirical Assessment of Judicial Settlement Conferences in Quebec (Canada) is available in full here: http://bit.ly/Roberge-SenseOfA2J
There is a new study from the UK entitled: “Understanding the Legal Problems of Renters”. This report by Pascoe Pleasence, Nigel Balmer and Catrina Devnir is available here: http://www.thelegaleducationfoundation.org/report/understanding-the-legal-problems-of-renters . It is part of a broader study on “How People Understand and Interact with the Law”.
The webpage highlights the following key findings of the study:
It is noted on the webpage that “people living in rented accommodation are twice as likely to experience some kinds of non-housing-related legal problems as those living in other types of housing”.
Additional research and reports by the Legal Education Foundation are available here: http://www.thelegaleducationfoundation.org/research.
Dr. Margaret Jackson, Director of the FREDA Centre for Research on Violence Against Women and Children, and The Honourable Donna J. Martinson, Q.C., LL.M., have released an access to justice report entitled: Risk of Future Harm: Family Violence and Information Sharing Between Family and Criminal Courts.
This report is grounded in their exploratory, qualitative study that deals with both family law and criminal law cases in which intimate partner violence (family violence) is an issue. The research focused primarily on violence against women and children.
Read the final report by The Honourable Donna Martinson, Q.C. and Dr. Margaret Jackson here: http://www.fredacentre.com/wp-content/uploads/2016/01/Observatory-Martinson-Jackson-Risk-Report-FINAL-January-14-2016.pdf
Dr. Jackson and The Honourable Donna Martinson presented their research at B.C.’s Fifth Justice Summit (held in November 2015). The Report on the Fifth Summit will be released soon. The report on the Fourth Summit, entitled Better Responses to Violence against Women, is available here: http://www.justicebc.ca/shared/pdfs/FourthSummitReport.pdf
The newly launched Forum québécois sur l’accès à la justice civile et familiale was created in the wake of the publication of Supreme Court Justice of Canada, Thomas Cromwell’s, and the Action Committee on Access to Justice in Civil and Family Matters’ report: http://www.cfcj-fcjc.org/sites/default/files/docs/2013/AC_Report_English_Final.pdf
The Forum is comprised of some twenty justice stakeholders and is presided over by Quebec’s Chief Justice, Élizabeth Corte. Together the members of the Forum are taking concrete steps to improve access to justice in civil and family matters. Visit the Forum québécois sur l’accès à la justice civile et familiale website here: http://nouvelleculturejudiciaire.quebec/fr/a-propos/ and read about the Forum’s structure, mandate, background and guiding principles from their Terms of Reference document (available in English).
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Le Forum québécois sur l’accès à la justice civile et familiale a été créé dans la foulée de la publication du rapport du juge Thomas Cromwell de la Cour suprême du Canada sur l’accès à la justice en matière civile et familiale: http://www.cfcj-fcjc.org/sites/default/files/docs/2013/AC_Report_French_Final.pdf
Le Forum est composé d’une vingtaine d’acteurs du milieu de la justice et il est présidé par Élizabeth Corte, juge en chef de la Cour du Québec. Ensemble, les membres du Forum définissent des actions concrètes pour améliorer l’accès à la justice en matière civile et
familiale.
Pour plus d’information: http://nouvelleculturejudiciaire.quebec/fr/
As part of the Cost of Justice project, The Canadian Forum on Civil Justice recently published a Selected Annotated Bibliography of some of the major national and regional legal needs surveys from 1990 to present.
This bibliography is a great resource for anyone hoping to expand their understanding of legal needs and everyday justiciable problems. To view the Selected Annotated Bibliography, visit: http://bit.ly/CFCJ-CoJBibliography
Kathryn E. Thomson, PhD Candidate, UVic (Law), along with several AJRN listserv subscribers, have indicated publications that they would include on their “Access to Justice Top Ten Must-Read” list. There is a lot of valuable research and commentary worth revisiting or, for those of you who are new to the topic, discovering for the first time. Here are the recommendations:
Please note that this list isn’t exhaustive and additional suggestions are welcome. What publications would you include on your “Top Ten” list?
Send an email to communications@cfcj-fcjc.org with “AJRN subscribe” in the subject line to join the conversation taking place on the listserv!
A Toronto-based lawyers group has launched the “Self-Rep Navigators” to direct legal services towards self-represented litigants. Described as “a hub for connecting self-represented litigants to supportive lawyers and high quality resources both online and offline”, Self-Rep Navigators have established a website at www.limitedscoperetainers.ca and list lawyers who will take clients on a limited scope retainer/ at fixed fees for civil and criminal matters, and those offering the same types of services to family clients.
Heather (hh@litigation-help.com) and Michael (mhassell@trialcounsel.ca) would like to hear from any other lawyers interested in being a part of this group.
You can find the full write up about Self-Rep Navigators here.
ajrn.org 