New Research Sheds Light on Legal Capability, Attitudes and Experience of the Law in Victoria

Volume 1 of the Public Understanding of Law Survey (PULS) examines everyday problems and legal need. Authors Nigel J. Balmer, Pascoe Pleasence, Hugh M. McDonald, and Rebecca L. Sandefur present findings in the first volume on the way that legal problems are experienced by adults in Victoria, the steps—if, any—people take to address their legal problem(s), how problems proceed, and how they end.  

Volume 1 reveals that approximately 42% of respondents reported having a legal problem. Problems related to goods and services (20.9%) were the most common, followed by fines (9.5%) and family problems (5.2%). Problems are correlated with disadvantage and result in significant individual and public costs. Legal problem experiences also commonly cause stress. In addition, the study indicates that problems often multiply and can be very difficult to shake off. The report presents findings on the relationship between disasters, emergencies and legal problems, revealing that among respondents affected by bushfires in 2019-20 there was a greater likelihood of experiencing more, diverse, and longer-lasting legal problems.

The study’s findings are based on responses from more than 6,000, mainly in-person surveys.

The second volume of the PULS (forthcoming) will explore legal capability, including differences across sociodemographic groups. The third volume of the PULS (forthcoming) will examine problem-solving behaviour and problem outcomes.

The Public Understanding of Law Survey (PULS) Volume 1: Everyday Problems and Legal Need is a project of the Victoria Law Foundation. The full report, as well as a report summary, and key findings are available online here: https://puls.victorialawfoundation.org.au/publications/everyday-problems-and-legal-need.

New Report Examines Perceptions of Canada’s Justice System and Experiences of Discrimination among Chinese People in Canada

According to a new report published by Statistics Canada, Chinese people experience different forms of discrimination in Canada, including discrimination based on: race or skin colour (22%), ethnicity or culture (17%), language (11%), physical appearance (5.1%), sex (4.3%), age (3.7%) and gender identity or expression (1.4%).

A majority of Chinese people surveyed for the General Social Survey on Canadians’ Safety in 2019 reported significant or some confidence in the police (85%). However, compared to other racialized and non-racialized groups, Chinese people were less likely to rate the police positively for every indicator of police performance included in the survey, and their overall confidence in the police is lower than that of the non-racialized population (92%). The report also cites findings from the Canadian Legal Problems Survey (CLPS) revealing that, within the 3-year reference period of the CLPS, approximately 16% of Chinese people experienced at least one legal problem or dispute they considered serious or difficult to address. This is compared to 21% of other racialized populations who experienced serious and difficult-to-resolve legal problems for the same period.

The diverse insights from the Experiences of Discrimination in Daily Life among Chinese People in Canada, and their Perceptions of and Experiences with the Police and the Justice System report are available on the Statistics Canada website in English here: https://www150.statcan.gc.ca/n1/pub/85-002-x/2023001/article/00005-eng.htm.

Expériences de discrimination dans la vie quotidienne des personnes chinoises au Canada, et expériences et perceptions de celles-ci relatives à la police et au système de justice est disponsible en français ici : https://www150.statcan.gc.ca/n1/pub/85-002-x/2023001/article/00005-fra.htm.

The report is written by Shana Conroy.

Report Presents Findings on Legal Needs in Alberta

A recent report from the Alberta Law Foundation presents findings from a community-based legal needs assessment in the province. The 2022-23 Alberta Legal Needs Assessment: What We Learned So Far report seeks to “increase understanding of legal needs in Alberta while encouraging further dialogue and exploration of the subject matter”. The report identifies populations and areas of legal need in Alberta and strategies to address challenges. Specifically, the report highlights:

  • Indigenous People
  • Newcomers
  • Youth
  • Seniors
  • Landlord & Tenant Disputes
  • Discrimination
  • Coordination
  • Data Collection & Evaluation
  • Services at the Courthouse
  • Remote Communities
  • Restorative Justice
  • Legal Tech

Findings in the report derive from several sources, including:

  • 2022 Bridging the Gaps Legal Needs Survey
  • Self-Represented Litigants Needs Survey
  • Canadian Legal Problems Survey (2021)
  • Data from legal clinics and Legal Aid Alberta

The 2022-23 Alberta Legal Needs Assessment: What We Learned So Far report was written by Flora Stevenson, LL.M. It is available on the Alberta Law Foundation website here: http://albertalawfoundation.org/wp-content/uploads/2023/07/2022-23-AB-Legal-Needs-Assessment-July-2023.pdf.

Canadian Association of Black Lawyers Launches First-of-its-kind Study Examining Black Lawyers’ Experiences in Canada

The Canadian Association of Black Lawyers (CABL), with support from The Counsel Network and the TD Ready Commitment, has launched a survey to gather information about “the work experiences, career paths, opportunities and challenges encountered by Black lawyers in Canada”. In an interview with Law360, the president of CABL, Kyle Elliott observed that the legal profession “hasn’t always done a good job of [collecting and sharing data]”, adding that this study will contribute demographic data and important insights to the overall understanding of inequities and inequalities in the legal profession.

The survey includes questions aimed at collecting data on the Black experience in the legal profession related to:

  • Job interviews
  • Work environments
  • Opportunities for advancement
  • Support from mentors/sponsorship
  • Experiences within law firms, government, public and private companies are all examined.

The survey will remain open until 31 July, 2023. To access the survey in English or French, visit: https://cabl.ca/the-survey-examining-the-black-lawyers-experience-in-canada-is-live/.

Report Examines Legal Problems Experienced by First Nations People Living Off Reserve, Métis, and Inuit Living in the Provinces

A new report by the Centre for Indigenous Statistics and Partnerships examines the types and prevalence of legal problems experienced by First Nations people living off reserve, Métis, and Inuit. The 19 problems and disputes considered in the research are based on the serious problems identified in the 2021 Canadian Legal Problems Survey (CLPS).

Among the findings, the report reveals that:

  • A higher percentage of First Nations people living off reserve, Métis and Inuit experienced a serious legal problem in the past three years than non-racialized and non-Indigenous people
  • First Nations people living off reserve, Métis and Inuit experienced much higher rates of almost all 19 legal problem types than non-racialized and non-Indigenous people
  • Indigenous peoples experience problems related to discrimination at rates that are almost 2.5 times that of non-racialized/non-Indigenous people

Serious problems or disputes experienced by First Nations people living off reserve, Métis, and Inuit living in the provinces is co-authored by Tristan Marshall and Mohan B. Kumar. It is available on the Statistics Canada website in English here: https://www150.statcan.gc.ca/n1/pub/41-20-0002/412000022023003-eng.htm.

Problèmes ou conflits graves vécus par les personnes des Premières Nations vivant hors réserve, les Métis et les Inuit vivant dans les provinces est disponible en français ici : https://www150.statcan.gc.ca/n1/pub/41-20-0002/412000022023003-fra.htm.

Canada’s Second Voluntary National Review Now Available

Canada’s 2023 Voluntary National Review – A Continued Journey for Implementing the 2030 Agenda and the Sustainable Development Goals is now available in both official languages on the Government of Canada website. The report includes a message from Prime Minister of Canada, Justin Trudeau that highlights the interconnected nature of ongoing crises in economic, housing and food insecurity, climate change and other serious challenges in Canada and abroad. The Prime Minister’s introductory message also emphasizes the need to achieve gender equality and promote the empowerment of women and girls, and make progress on other UN Sustainable Development Goals (SDG).

The Voluntary National Review examines Canada’s achievements across the 17 SDGs. Canada is also tracking its work on advancing the SDGs through the Global Indicator Framework (GIF) and the Canadian Indicator Framework (CIF).

The second Voluntary National Review provides details on ways that funding and other supports by Canada’s government to not-for-profit organizations, governments, academia, the private sector, Indigenous communities and organizations, women, youth and other stakeholders are helping to advance Canada’s national strategy. The review also highlights investments, milestones, and additional opportunities to implement the 2030 Agenda.

Canada’s 2023 Voluntary National Review – A Continued Journey for Implementing the 2030 Agenda and the Sustainable Development Goals is available in English here: https://www.canada.ca/en/employment-social-development/programs/agenda-2030/voluntary-national-review/2023-report.html.

Examen national volontaire 2023 du Canada – Une démarche continue à l’appui de la mise en œuvre du Programme 2030 et de l’atteinte des objectifs de développement durable est disponible en français ici : https://www.canada.ca/fr/emploi-developpement-social/programmes/programme-2030/examen-national-volontaire/rapport-2023.html.

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.

World Justice Project Report looks at Country-level Performance on UN SDG Civil Justice Indicator

The World Justice Project (WJP) has unveiled new research at a high-level summit in New York that examines how 62 countries are performing on UN Sustainable Development Goal (SDG) indicator 16.3.3, the measure of access to informal and formal mechanisms to address non-criminal disputes. The report also presents country-level insights on the justice gap for more than 100 countries.

The graphical report reveals a prevalence of legal problem experiences within the two-year reference period of the WJP’s legal needs survey, and persistent unmet civil legal needs. Outside of access to formal and informal justice services, the report also confirms barriers to access adequate information to help resolve legal problems, a lack access to appropriate assistance or legal representation, and difficulties managing costs incurred during the problem resolution process. The report indicates estimated impacts of 1.7% of Gross Domestic Product (GDP) that derive from lost income, health issues and related problems that result from legal problem experiences.

Part I of the WJP Justice Data Graphical Report can be accessed online here: https://worldjusticeproject.org/wjp-justice-data-graphical-report-i. Part II of the report will be published in advance of the SDG Summit in September 2023.

New Report Highlights People-Centred Justice Initiatives and Good Practices around the World

The Justice Action Coalition (JAC), a group comprised of over 30 countries and organizations seeking to advance equal access to justice for all, last week released a new report entitled, “Good Practices and Commitments on People-Centered Justice”. The report highlights the commitments and work of JAC members in furthering people-centered access to justice. Good practices and initiatives highlighted in the report include:

  • Canada’s National Action Plan on Open Government (2022-2024) which includes pledges to share justice-related data, the use of plain language, and efforts to ensure access to justice for underrepresented and marginalized populations.
  • Columbia’s Diferencia Foundationwhich opened Alternative Conflict Resolution Centers in Bogotá and Medellín, with two target populations: LGBTI peoples and indigenous communities. These centres advance legal empowerment and the peaceful resolution of conflicts for historically discriminated peoples in Columbia.  
  • Portugal’s Justice Ministry has released a centralized, digital platform – RAL+ – that allows for alternative dispute resolution (ADR) case management. Using RAL+, Portuguese citizens can seek workplace mediation, request information, and monitor their cases. Justice professionals can track cases in real time and readily interact with parties and representatives.
  • In 2023, Indonesia created a Paralegal Justice Academy, which trains village chiefs to be paralegals. In the months since it launched, 300 chiefs have been trained, aiding local dispute resolution across the country.
  • The Solomon Islands’ Paralegalism Project trains and deploys paralegals to remote communities, educating community members on their rights and access to justice services. Since 2019, 25,441 people have been reached with this program.
  • The United States’ USAID Program in 2023 launched a Rule of Law Innovation, Design Experimentation, Acceleration, and Solutions (IDEAS) Lab. The Lab supports access to justice initiatives across the globe – for instance, facilitating a local justice needs survey in Kyrgyzstan, and starting an online community justice house in Ukraine.
  • Supported by the Dutch government, UNDP and UN Women have brought mobile legal aid services to Tanzania and Uganda, helping over 20,000 women and girls with claims related to land use, gender-based violence, marriage, and divorce.

You can read the full report in English here: https://cic.nyu.edu/wp-content/uploads/2023/06/JAC-Good-Practices-and-Commitments-on-People-Centered-Justice-June-2023.pdf.

B.C. Demographic Survey Seeks to Identify Systemic Racism and Aid Equitable Access

British Columbia has launched a new survey aimed at gathering information on gaps and barriers that exist for racialized groups and Indigenous Peoples across the province. The recently launched B.C. Demographic Survey focuses on the needs of the province’s diverse population and addresses priorities outlined under B.C.’s Anti-Racism Data Act, which came into effect in June 2022.

The Anti-Racism Data Committee has identified the following priority areas for research:

  • Racial diversity within B.C.’s Public Service and equity in hiring and career development;
  • Interactions with the justice system and analysis of ‘complaints’ models;
  • Health outcomes, including understanding how the system is performing for different demographic groups;
  • Understanding how students across demographic groups access and use education supports and their outcomes;
  • Children, youth, and family wellness in home and away from home;
  • Economic inclusion, including analysis of unpaid work and foreign credential recognition;
  • Homelessness, housing supply and security

The survey is open to B.C. residents aged 13 or over. A parent or legal guardian can complete the survey on behalf of children under 13. The survey is available in 15 languages and will take approximately 15 minutes to complete. It will remain open until September 29th.

Access the survey in English here: https://antiracism.gov.bc.ca/help-fill-gaps-in-bc-government-services.

Information for this post was gleaned from the Government of British Columbia’s Anti-racism webpage and the following CBC News article: https://www.cbc.ca/news/canada/british-columbia/bc-demographic-survey-systemic-racism-legislation-1.6877013.