UVic Access to Justice Centre for Excellence Launches Justice Data and Design Lab

The Access to Justice Centre for Excellence at the University of Victoria (UVic ACE) has released its first data update from the recently launched Justice Data and Design Lab (JDD). The JDD, which is housed at ACE, provides access to justice data insights specific to British Columbia.

Working with graduate students from the faculties of law and data science, the JDD has published data on the legal needs of British Columbians gleaned from social media site, Reddit.

Those interested in access to justice are encouraged to access the new JDD Interactive Display, which provides information on the types of legal problems people in B.C. are asking for help with on Reddit as of January 2024.

For information on how to download and view the interactive display, contact ACE at https://bcace.org/contact.

To better understand the type of data that the JDD is collecting and what they are learning from the data, there is a video explaining the data, available here: https://drive.google.com/file/d/1LI7dpj9qZluZXAgXNFsKGFHh4qYm1WAV/view.

For general information on the Justice Data and Design Lab, visit: https://bcace.org/justice-data-and-design-lab. To learn more about the Access to Justice Centre for Excellence, visit: https://bcace.org/.

Virtual New York-Based Conference to focus on AI, A2J and Law School

New York State’s Permanent Commission on Access to Justice is collaborating with Fordham University’s School of Law for a conference on artificial intelligence, access to justice, and law school. “Let’s Talk AI and A2J: How Law Schools, Civil Legal Services, and the Courts Together Can Harness Technology to Address the Justice Gap” will take place on Thursday, April 11, 2024, from 1:00 p.m. – 5:00 p.m. ET via Zoom. This virtual conference is free to attend. The deadline to register is Friday, April 5.

The (in-progress) conference agenda is available online here: https://ww2.nycourts.gov/accesstojusticecommission/ls/2024agenda.shtml. For more information about the conference, please visit: https://ww2.nycourts.gov/accesstojusticecommission/ls2024.

Report on UN Sustainable Development Goal 16 Explores Power of Digitalization

The goal of UN Sustainable Development Goal (SDG) 16 is to: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. A new report, published this month, explores the potential of digitalization to help create a more just, inclusive and sustainable world.

The SDG 16: Through a Digital Lens report seeks to examine the ways in which the move towards digitalization intersects with the pursuit of peace, justice and strong institutions. It highlights the importance of considering digital enablers, and outlines a vision for ensuring that digital transformation aids, rather than impedes, progress towards SDG 16.

Topics explored in the report include:

  • Universal connectivity and the digital divide
  • Legal identity
  • Illicit financial flows and their digital enablers
  • Impacts of online disinformation and misinformation
  • Perspectives on conflict in the digital space
  • Moving forward (digital social contracts, responsive and people-centred digital governance, other issues)

SDG 16: Through a Digital Lens was prepared by David Andersson for the United Nations Interregional Crime and Justice Research Institute. The report is available in English here: https://unicri.it/sites/default/files/2023-11/SDG%2016%20%20Report_web.pdf.

Ground-breaking U.S.-Based Research Compares SRL Experiences in Civil Proceedings Online and In-Person

New research from an interdisciplinary team from Indiana’s Coalition for Court Access provides insights into the experiences of self-represented litigants (SRLs) in-person relative to experiences online. It is among the first studies in the U.S. to gather empirical evidence on the impact of remote technologies on vulnerable and self-represented individuals in civil proceedings. This research comes at a time when many courts are deciding whether to continue to use remote technologies introduced during the COVID-19 pandemic or return fully to in-person proceedings. The research uses a people-centered approach to highlight litigant’s views on this question.

The final report discusses self-represented individuals’ experiences and views on remote hearings vs. in-person proceedings in several areas: (i) Preferences; (ii) Procedural Justice; (iii) Distributive Justice; (iv) Structural Affordances and Barriers; (v) Technological Affordances and Barriers; and (vi) Social Psychological Affordances and Barriers.

A significant percentage of self-represented litigants in the study agree that online civil courts enhance access to justice for individuals without legal representation, particularly for parties navigating high-volume civil dockets. A large percentage of self-represented litigants indicated that they would like to be able to access court remotely in the future. Among study participants, remote proceedings were largely viewed positively, improved individuals’ experiences of procedural justice and outcome satisfaction, and “provided notable conveniences, and decreased the stress of attending court in person”.

The final report, Accessing Justice with Zoom: Experiences and Outcomes in Online Civil Courts by Victor D. Quintanilla, Kurt Hugenberg, Ryan Hutchings & Nedim Yel is available online here: https://drive.google.com/file/d/1xfb052SVZRTIwv8-03xQyX9UzFjcvcul/view.

Ontario Government Announces Investment in Digital Justice Platform

The government of Ontario has announced funding of more than $160 million to support increased access to legal services online, and the transition from paper-based procedures to an online platform to access the Superior Court of Justice and the Ontario Court of Justice. The government indicates that these investments are being made to make it “easier and faster to resolve legal matters by moving more services online.”

Thomson Reuters has been contracted to deliver a new online justice platform aimed at providing the following capabilities for users:

  • Easier and faster document-filing online
  • The ability to digitally access court case information online
  • Online payment of fees
  • Virtually connect to hearings
  • Management of court appearances online
  • Receive decisions electronically

The news release about Ontario’s investment in a digital justice platform is available through Ontario’s Ministry of the Attorney General here: https://news.ontario.ca/en/release/1003292/ontario-investing-in-digital-justice-platform.

Digital Credentials Project Launches Province-Wide in B.C.

Following a pilot project phase that included more than 250 family lawyers in B.C., the province is expanding its Member Digital Credential project.

A news release by The Law Society of British Columbia describes digital credentials as an innovative solution that enables lawyers to securely identify themselves online, provides a more efficient and cost-effective way to interact with courts and government services, and allows access to online court materials.”

The now two-year old Member Digital Credential project will expand in stages, beginning with a phased rollout in family law and criminal law.

The Member Portal can be accessed online at: https://www.lawsociety.bc.ca/lsbc/apps/members/login.cfm. Questions about the Member Digital Credential can be sent to AskACM@gov.bc.ca.

Government of Nova Scotia Seeking Feedback from Justice System Users

A digital task force, led by the Department of Justice and the Nova Scotia Judiciary, has launched a public survey to gather information from court system users in Nova Scotia. The goal of the survey is to identify areas for improvement in Nova Scotia’s court system and areas where the courts are working well.

The survey represents the second step in the task force’s information-gathering efforts. Interviews were previously carried out with Nova Scotia court staff, judges, lawyers and others with a view to learning areas where the court system is overwhelmed; the types of guidance that are provided by the court system; the types of electronic filing and document management systems that are being used in the court system; when remote court attendance is being used and how it is working; and, in what ways the justice system can better address the need for more access to information. Findings from the survey will help to inform next steps in modernizing Nova Scotia’s courts using technology and digitization.

The public survey will remain open until March 31. It can be accessed online here: https://novascotia.ca/nova-scotia-courts-digital-task-force/.

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/.

New Report Examines Pathways to Justice in British Columbia

The Access to Justice Centre for Excellence at the University of Victoria (UVic ACE) has published new research that examines the pathways that people in British Columbia take to solve their civil justice problems. Understanding what people do when they experience a serious civil justice problem and the pathways that are accessible to them to resolve those problems offers important insights into people’s legal awareness and the impact of public legal education and information for the public. It also provides understandings on how people engage with the justice system. In addition, the increased use of technology in the legal sector is transforming how people interact with the legal system and requires further study to understand the impacts for existing pathways and the new pathways that will become available.

The “Navigating Access to Justice Pathways” report includes findings from an exploratory study of experiences with civil and family law problems in British Columbia that aims to:

  • Develop a more robust understanding of how people define the civil and family law justice problems they experience
  • Map common pathways used to resolve civil and family justice problems
  • Identify the barriers people face when they try to access certain pathways and the impact of those barriers on their decisions
  • Understand how people prioritize and manage multiple legal problems

Navigating Access to Justice Pathways: Problem Resolution Routes for People Experiencing Civil and Family Law Problems in British Columbia by Yvon Dandurand, Jessica Jahn, Cathy Tait, and Megan Capp is available online here: https://ajrndotco.files.wordpress.com/2022/06/5876c-navigatingaccesstojusticepathways_ace_april20_2022.pdf.

Advocacy Centre for Tenants Ontario Report Examines the Impacts of Shift to Online Hearings

A new report by the Advocacy Centre for Tenants Ontario (ACTO) examines how the move from in-person to online hearings is impacting low-income tenants across Ontario. “Digital Evictions: The Landlord and Tenant Board’s Experiment in Online Hearings” discusses the challenges and consequences for tenants who do not have access to reliable internet and phone services for their hearings. The report also indicates that the shift to online hearings may have disproportionate adverse impacts for rural and remote households, tenants whose first language is not English, people with mental health issues, and people who are illiterate or innumerate.

The ACTO report explores data from several sources, including surveys of digital hearings that were carried out across Ontario from March to May, 2021 and reveals several drawbacks to participation in a virtual hearing by video or phone. The report also highlights ACTO’s concern that the digital first approach to hearings will continue post pandemic. “Digital Evictions: The Landlord and Tenant Board’s Experiment in Online Hearings” is available on the ACTO website here: https://www.acto.ca/production/wp-content/uploads/2021/06/Digital-Evictions-ACTO.pdf.