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The Advocates’ Society Calls for Expansion of Unified Family Courts to Increase A2J

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A newly published paper by The Advocates’ Society (TAS) calls for Canada’s federal and provincial governments to implement and fully resource Unified Family Courts across Canada, in areas where this service is not available. Delay No Longer: Family Justice Now highlights the crisis in Canada’s family court system, which the paper identifies as exacerbated by inefficiencies, costs, and delays created by the handling of family law matters by a two-tiered family court system.

Unified Family Courts are specialized and would allow for all family law matters to be handled in one place. The Unified Family Court was first introduced in Canada in the 1970s.

The paper examines:

  • The Current State of Unified Family Court Expansion in Canada
  • What Unified Family Courts Do and Why they Matter
  • Benefits of Unified Family Courts
  • Possible Challenges for the Broader Implementation of Unified Family Courts

Delay No Longer: Family Justice Now – A Call to Implement the Unified Family Court Across Canada by The Advocates’ Society is available online here: https://www.advocates.ca/Upload/Files/PDF/Advocacy/DelayNoLonger/Delay_No_Longer_Family_Justice_Now_June_2024.pdf.

Law Commission of Ontario Provides Comments on Bill to Strengthen Cyber Security and Build Trust in Public Sector

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Ontario’s Law Commission has released a paper discussing its submission to the Government of Ontario’s request for comments on Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024. The submission highlights the potential for artificial intelligence systems operating at the provincial level to impact significant issues and interests in Ontarians’ lives, including their personal liberty, education, employment, health care, housing, access to economic opportunities, and income security.

The submission proposes the implementation of benchmarks to support the regulation of public sector AI and the addition of provisions “to ensure public sector AI use is beneficial, lawful, and accountable.” The paper identifies10 recommendations, including:

  • The need for Bill 194 to address the most significant AI risks, including to AI systems used by courts, and tribunals and other parts of the justice system;
  • The inclusion of a provincially mandated impact assessment that addresses privacy, human rights, and procedural fairness and provides assurances about how an AI system will comply with other legal obligations and policies;
  • The creation of a transparent and accountable governance framework for public sector AI systems;
  • Prioritization of the development of the most important AI regulations and policies, and meaningful public input and participation in the development of these regulations/policies.

Bill 194: Strengthening Cyber Security and Building Trust in the Public Sector Act – Law Commission of Ontario Submission is available online here: https://www.lco-cdo.org/wp-content/uploads/2024/06/LCO-Submission-to-Government-of-Ontario-Bill-194-Consultations-June-2024.pdf.

Law Commission of Canada Publishes Reflection Paper

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Recall to Reimagine: (Re)Creating the Law Commission of Canada outlines the Law Commission of Canada’s commitment to “learning from the past by drawing guidance and insights from the structure and work of its earlier version”. The Law Commission operated from 1997 to 2006. After 17 years, the Law Commission reopened its doors in June 2003 with the appointment of a new president. This paper discusses the past, present, and future of the Law Commission.

Part I of Recall to Reimagine: (Re)Creating the Law Commission of Canada discusses the Law Commission’s goals and work from 1997 to 2006, including why the Law Commission of Canada was founded, the Law Commission of Canada Act, S.C. 1996, and the management and organizational structure of the Law Commission. Part II discusses the Law Commission’s current mandate and the promise of today’s Law Commission. The theme for Part II is Rebuild, Resituate, Reimagine.

To read the Law Commission of Canada’s newly published reflection paper in English, visit: https://www.canada.ca/content/dam/lcc-cdc/documents/RecalltoReimagine.pdf.

Se Souvenir Pour Réinventer : la (ré)création de la Commission du droit du Canada est disponible en français ici : https://www.canada.ca/content/dam/lcc-cdc/documents-fr/Sesouvenirpourr-inventer.pdf.

Report Explores Overlap Between Justice System Involvement and Homelessness in Ontario

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A new report produced by the John Howard Society, in collaboration with the Canadian Observatory on Homelessness and the Social Research and Demonstration Corporation, examines the cycle of homelessness and housing precarity in Ontario, wherein a growing number of people in the province alternate between being incarcerated or involved with the justice system and being unable to access safe and affordable housing.

The report draws attention to the potential housing, social, health, and other impacts for persons in conflict with the law. Specifically, the report examines loss of stability related to loss of housing, loss of wages, loss of social assistance benefits, loss of employment, and/ or loss of personal property, as well as mental health impacts, and physical health impacts for persons who are charged, incarcerated or involved with the justice system. Importantly, the report notes that justice involvement – defined as being stopped, carded or arrested, navigating the court and bail systems, and/or conviction – can contribute to a cycle of release, homelessness, re-arrest, and jail.

The following five themes emerged from the research that informs the report:

  • Justice system involvement is a leading cause of housing loss
  • Incarceration causes and perpetuates homelessness
  • Pre-release planning from correctional facilities is often inadequate, making finding housing difficult post-release
  • There are significant barriers to accessing essential community services post-release
  • The resource and service gaps for people experiencing persistent homelessness and justice involvement are serious

Locked Up. Locked Out. The Revolving Door of Homelessness and Ontario’s Justice System is available in English here: https://johnhoward.on.ca/research-topic/reintegration-housing/.

Canada’s 2024 Annual SDG Report Sheds Light on Efforts to Advance Justice, Peace and Strong Institutions

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Canada’s 2024 Annual Report on the 2030 UN Sustainable Development Goals (SDGs) outlines progress to advance five UN SDGs which will be the focus of the 2024 High-level Political Forum on Sustainable Development, taking place in July 2024. The UN SDGs under review in the 2024 report include:

  • SDG 1: No Poverty
  • SDG 2: Zero Hunger
  • SDG 13: Climate Action
  • SDG 16: Peace, Justice and Strong Institutions
  • SDG 17: Partnerships for the Goals

Notable for the justice community, the report identifies examples of ongoing efforts aimed at creating a just country for everyone in Canada, including through the following organizations and initiatives:

  • The Canadian Forum on Civil Justice – works on public‑focused, actionable research and evidence‑based advocacy on civil and family justice to promote equal access to justice for all;
  • The Canadian Center for Women’s Empowerment – works to prevent economic abuse and combat systemic barriers faced by Black, Indigenous and People of Colour;
  • Éducaloi – works to make legal issues easy to understand for the general population
  • The Government of Ontario’s One Vision One Voice program – provided anti‑Black racism training to more than 100 child welfare leaders;
  • The City of Vancouver’s Healthy City Strategy – includes a focus on accessibility, safety and security, community granting, community economic development, anti‑racism, cultural redress, and Indigenous relations and reconciliation.

Taking Action Together: Canada’s 2024 Annual Report on the 2030 Agenda and the Sustainable Development Goals was published on 12 June 2024. The report is available in English here: https://www.canada.ca/en/employment-social-development/programs/agenda-2030/2024-annual-report-sdg.html.

Agir ensemble : Rapport annuel de 2024 du Canada sur le Programme 2030 et les objectifs de développement durable est disponible en Français ici : https://www.canada.ca/fr/emploi-developpement-social/programmes/programme-2030/rapport-annuel-2024-odd.html.

U.S.-Based Justice For All Initiative Launches New Guidance Materials and Diagnostic Tool

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Launched in 2016 by civil justice leaders, experts, and funders, the national, collaborative Justice for All (JFA) initiative provides “materials and tools to assist states in moving toward the vision of justice for all.” The JFA’s comprehensive set of materials and tools can be adapted to a U.S. state’s current environment and needs.

The JFA recently announced the release of new guidance materials, which build on its initial work across 15 participating states/territories and seek to streamline future efforts to support strategic planning across states.

A new JFA diagnostic tool provides users with a customized report with recommendations based on user responses about their current activities.

To learn more about the JFA initiative, visit: https://www.ncsc.org/jfa.

To learn more about the new guidance materials, visit: https://www.ncsc.org/jfa/guidance-and-tools/guidance-materials.

To learn more about the new diagnostic tool, visit: https://www.ncsc.org/jfa/guidance-and-tools/diagnostic-tool.

Ontario Superior Court Report Describes Five Years of Justice System Modernization

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The recently published Ontario Superior Court of Justice: Modernizing the Justice System report discusses the move away from paper-based processes to more modern processes and technologies for proceedings in Civil, Family, Criminal, and Small Claims Court. The seventh Ontario Superior Court of Justice annual report, which covers the period from 2019 – 2023, includes information on the following developments and modernization initiatives:

  • Video Conferencing & Virtual Hearings
  • Electronic Filing & Hearing Management
  • Media and Public Access to Virtual Hearings
  • Guidelines to Determine the Mode of the Proceeding
  • Technology in the Courtroom
  • Courts Digital Transformation

The report also includes court statistics for proceedings in Civil, Family, Criminal, and Small Claims Court.

Ontario Superior Court of Justice: Modernizing the Justice System is available in English here: https://www.ontariocourts.ca/scj/news/annual-reports/.

La Cour supérieure de justice de l’ontario : modernization du système judiciare est disponible en français ici : https://www.ontariocourts.ca/scj/fr/nouvelles/rapports-annuel/.

Nova Scotia Announces More Funding For Legal Aid Services

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Nova Scotia has announced additional funding of $3.98 million for 2024-25 and $5.6 million annually starting in 2025-26 to increase compensation for private lawyers used when Nova Scotia Legal Aid staff lawyers are not available. The maximum number of billable hours will also increase. The province hopes the additional funding will encourage private lawyers to accept legal aid cases.

According to the Chair of the Nova Scotia Legal Aid Commission, the announcement represents “the largest single increase to hourly rates for private bar lawyers in Nova Scotia Legal Aid’s 47-year history, and…is very good news for low-income Nova Scotians with legal matters”.

The press release is available in English here: https://news.novascotia.ca/en/2024/05/16/more-funding-legal-aid-services.

New U.S. Report Examines How to Make ODR More Accessible to Self-Represented Litigants

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A new U.S.-based study looks at barriers to online dispute resolution (ODR) use for parties with low literacy, and potential strategies to better inform self-represented litigants about ODR. Insights were gathered through focus groups held in geographically and demographically diverse areas in the US.

Among participants in the focus groups:

  • Many were not previously aware ODR.
  • A majority were keen to use ODR as an alternative to going to court, indicating its promising potential.
  • Participants expressed concerns about negotiating through text, citing issues with misunderstandings, uncivil behaviour, information security, and legitimacy.
  • Additional concerns were raised around a lack of internet/technology access and digital literacy.
  • Many participants expressed a desire for a moderator or facilitator to oversee their communications with the opposing party, particularly to help manage emotional reactions such as feelings of being overwhelmed or intimidated.
  • Participants valued plain language with simple definitions of legal terms, step-by-step instructions, bullet point formatting, and visual aids like images and instructional videos.

Making ODR More Accessible to Self-Represented Parties: Focus Group Perspectives by Rachel Feinstein and Jennifer Shack can be downloaded here: https://odr.aboutrsi.org/.

New Legal Needs Survey Report Published in the UK

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The Law Society of England and Wales, working in conjunction with the Legal Services Board and YouGov, carried out a survey in 2023 aimed at gathering information on people’s legal problem experiences, their understanding of the law, how problems intersect with other aspects of their lives and the impacts, and what people need from legal professionals and the justice system. More than 12,000 people across England and Wales participated in the survey.

Survey results were published in April 2024. Key findings include:

  • Two thirds of adults in England and Wales experienced a legal problem in the four-year reference period of the survey. This represents a 2-percent increase from the 2019 legal needs survey.
  • The most common legal problem types experienced are: employment, finance, welfare and benefits problems.
  • When considering external factors (Brexit, the COVID-19 pandemic, and inflation), 12% of people said that their legal issue was caused by COVID-19; 15% felt that their issue was caused by increases in inflation/ the cost of living, and 26% said that their issue was made worse by the cost of living.
  • A majority of people who experienced a legal problem received some help for their problem, though fewer people reported receiving help in the 2023 survey than the 2019 survey (62% vs 66%).
  • 52% of people indicated that they received help from a professional; 11% of people received help from a non-professional. Young adults are more likely to get help.

The Legal Needs of Individuals in England and Wales: Summary Report 2024 can be downloaded here: https://www.lawsociety.org.uk/topics/research/find-out-what-your-clients-need-with-the-results-of-our-legal-needs-survey.

For a news article discussing findings from the survey, see: https://www.lawgazette.co.uk/news/yougov-legal-needs-survey-suggests-solicitors-losing-market-share/5119414.article.