American Academy of Arts & Sciences Publishes Civil Justice for All Report

A new report from the American Academy of Arts & Sciences urges making access to civil justice a priority and offers recommendations to close the civil justice gap. The report, which was launched on 24 September 2020, is part of an extensive, multi-year project to examine the extent and consequences of the inability of Americans to access legal help for civil justice matters.

The newly published Civil Justice for All report offers seven recommendations:

  1. Significant financial and human resources investments to close the civil justice gap
  2. More lawyers who work to address the needs of low-income earners
  3. More lawyers who offer pro bono and other volunteer assistance
  4. Open legal marketplaces to allow non-lawyers to help resolve civil justice problems
  5. More collaboration between legal service providers and professionals in other sectors to address the non-legal dimensions of problems
  6. Make legal processes, legal information, forms and other resources easier for the public to understand and access
  7. Create a central body to coordinate and promote the recommendations above and to gather much-needed civil justice data

The COVID-19 pandemic has brought to the forefront many of the weaknesses in American civil society. It has also brought new challenges and worsened the civil justice gap. A major initiative to ensure access to civil justice is urgently needed to help address this growing problem.

Civil Justice for All: A Report and Recommendations from the Making Justice Accessible Initiative is available online here: https://www.amacad.org/publication/civil-justice-for-all.

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/.

UNODC, UNDP Report Explores Ways to Ensure Access to Justice in the Context of COVID-19

The COVID-19 pandemic continues to affect justice systems around the world in unprecedented ways. From widespread court closures to dramatic increases in incidences of domestic violence, employment, housing and other civil justice problems, the impacts are extensive. They are also present additional challenges for vulnerable and marginalized populations.

A new report by UNODC and UNDP presents several considerations for legal practitioners and policy makers to help ensure access to justice during the current global health crisis. The “Ensuring Access to Justice in the Context of COVID-19″ report is divided into 3 sections: Preparation, Response and Recovery. While the report does not seek to be exhaustive in its discussion of important measures to consider during the crisis (as well as during subsequent waves of outbreaks), it highlights important considerations for the justice community to effectively respond to challenges in the short-, medium- and long-term.

“Ensuring Access to Justice in the Context of COVID-19” is available for download here: https://reliefweb.int/report/world/ensuring-access-justice-context-covid-19.

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.

Canadian Forum on Civil Justice Launches Project to Measure Long-Term Impacts of Access to Legal Help

The Canadian Forum on Civil Justice (CFCJ) has announced the launch of the first phase of a project aimed at “Measuring the Impacts of Legal Service Interventions”. This new project, which is funded by the Law Foundation of Ontario (LFO), will focus on the development of a longitudinal impact study that assesses the effectiveness of different types of legal service interventions on the outcome of particular types of legal disputes. The study will also seek to measure the impacts on the long-term health of clients, while providing necessary insights into the costs and benefits of such interventions.

Having a better and more accurate understanding of how different types of legal interventions impact the outcome of a dispute can help to provide the public with the knowledge they need to make informed decisions about how to deal with their legal problem(s) and potentially improves their legal capabilities. It can help governments, policy makers and funders to understand which justice pathways and tools show the most promise in particular scenarios, and this type of information can also assist legal service providers with decisions around how to allocate budgets and scale different services.

The press release for this newly launched Law Foundation of Ontario funded project can be accessed here: http://cfcj-fcjc.org/wp-content/uploads/Measuring-the-Impact-of-Legal-Service-Interventions-CFCJ-LFO-Press-Release.pdf.

Access to Justice Triple Aim Initiative Launches in BC

Leaders from more than 50 justice organizations in British Columbia have signed on to support the newly launched Access to Justice Triple Aim initiative. Endorsing Triple Aim signifies a commitment to working to improve access to civil and family justice in BC in three important ways:

  • Improving access to justice at the population (or sub-population) level
  • Improving the experience of users who need access to justice
  • Improving costs, which includes reducing costs in other sectors because of the benefits of improved access to justice

Access to Justice Triple Aim was convened by Access to Justice BC, a network of justice sector organizations and stakeholders and members of the public connected by a shared vision to advance access to justice in BC. The Triple Aim concept originates from the healthcare sector where improvements in the US healthcare system have similarly been coordinated around three goals – health, cost and care.

The press release for the Access to Justice Triple Aim initiative is available on the Access to Justice BC website here: https://accesstojusticebc.ca/wp-content/uploads/2019/06/Cross-sector-justice-agreement.pdf. Additional information is also available here: https://accesstojusticebc.ca/2019/06/the-triple-aim-a-cross-sector-vision/ and in a Slaw blog published here: http://www.slaw.ca/2019/06/13/over-50-justice-organizations-agree-to-a-common-access-to-justice-goal-that-puts-user-experience-at-the-centre/.

New Report Examines Legal Aid Service Delivery in British Columbia

A new report that explores ways to improve legal aid service delivery in British Columbia is now available. The report is based on an external review and consultations with the public, carried out in Fall 2018. This recently published report examines ways to make service delivery more efficient and user-friendly for B.C. residents and includes 25 recommendations. Roads to Revival, An External Review of Legal Aid Service Delivery in British Columbia was conducted for the Attorney General of B.C. by Jamie Maclaren, QC. It is available online here: https://news.gov.bc.ca/files/Roads_to_Revival-Maclaren_Legal_Aid_Review-25FEB19.pdf.

UK Ministry of Justice Publishes Post-Implementation Reviews of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO)

The UK’s Ministry of Justice has published post-implementation reviews of Parts 1 and 2 of the the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).  Part 1 of LASPO, which came into effect in 2013, deals with reforms to the scope of, eligibility for, and fees that fall within the ambit of legal aid in England Wales. Part 2 is concerned with reducing the costs of civil litigation and rebalancing the costs liabilities between claimants and defendants while ensuring that parties with a valid case are still able to bring or defend a claim.

At the introduction of the reforms to LASPO, the Government at the time committed to conducting post-implementation reviews to determine the impact of the changes relative to their objectives. Though the reviews have come under criticism from the Bar Council, among others, the Ministry of Justice has indicated that they are content with reports’ findings and do not plan to recommend amendments to the legislation.

Post-Implementation Review of Part 1 of LASPO is available online here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777038/post-implementation-review-of-part-1-of-laspo.pdf.

Post-Implementation Review of Part 2 of LASPO is available online here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777039/post-implementation-review-of-part-2-of-laspo.pdf.

American Academy of Arts and Sciences Publishes Issue on Access to Justice Crisis

The American Academy of Arts and Sciences’ quarterly journal, Dædalus, recently dedicated an entire issue to America’s access to justice crisis. The issue, which is available online for free, was edited by Lincoln Caplan, Lance Malcolm Liebman, and Rebecca L. Sandefur. This first-of-its-kind open access issue on access to justice by the well-known U.S. journal includes twenty-four essays by researchers, professors, access to justice advocates and others. The essays examine a range of civil legal services issues being faced by low-income Americans, various barriers to creating a responsive justice system, and opportunities for improving access to justice through technology, innovation and new approaches. The Dædalus issue on access to justice is available here: https://www.amacad.org/daedalus/access-to-justice.