Access to justice should not stop at the hearing room door. Much of the current discussion of access to justice has focused on getting people into the justice system, with little discussion of how to make justice accessible once they get there. In a justice system that increasingly has self-represented parties as well as unequal representation, fairness and efficiency require that adjudicators take a more hands-on role in the hearing process. This hands-on approach has been termed “active adjudication” by commentators and adjudicators.
There are a great variety of adjudicative tribunals in Canada, all with different rules and approaches to . . . [more]