An annual highlight in the growing calendar of access to justice activities is the release of the World Justice Project (WJP) Rule of Law Index. The 2019 Rule of Law Index, which was released in February of this year, provides a comprehensive look at the state of the rule of law in 126 countries around the world.  The Index makes an important contribution in the assessment and advancement of the rule of law. In the words of the report, effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. For many . . . [more]
Archive for the ‘Justice Issues’ Columns
In the last five years, the engagement, skill and experience of individuals representing themselves in the justice system has changed in a number of very important ways. NSRLP has a number of data points to reinforce this observation, including the 2015/16 Intake Report and the 2017 Intake Report which noted:
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“Last year we were struck by the growing sophistication and nuance of the tips offered by SRLs to others who face similar circumstances. In 2017, we continue to see very detailed advice offered to other SRLs. Respondents offered personal experiences with preparing court documents, preparing for appearances, how to research,
Lack of access to family justice and the increase in self-representation in family proceedings are growing concerns. According to the Ministry of the Attorney General’s Family Legal Services Review (the Bonkalo Report) in 2016, in over half of all family cases in Canadian courts, one or both parties are not represented by counsel. The report made several recommendations to the Ministry and the Law Society of Ontario, including the need to support the expanded use of legal coaching and other unbundled legal services, and the need to address liability concerns for counsel who are willing to act under . . . [more]
The two biggest political scandals in the news right now – the Mark Norman trial, and the Trudeau/SNC-Lavalin controversy – were exposed by a reliable source who secretly shared information with a journalist. Increasingly this is only viable way that scandals are brought to the public’s attention in this country.
More traditional methods of uncovering corruption – access to information laws, and whistleblower protections that are supposed to encourage employees to disclose wrongdoing – are increasingly irrelevant. As to the former, we know that much information is categorically off limits, delayed, destroyed, not recorded, or access . . . [more]
David Steven, the head of the secretariat of the Task Force on Justice, wrapped up three days of meetings in the Peace Palace on the challenge of delivering on Sustainable Development Goal 16.3. He looked at a fulfilled and tired audience at the end of the 9th edition of the Innovating Justice Forum, the Justice Partnership Forum, and a ministerial meeting.
The gathering produced an important political document that can now be invoked and used to guide strategy making and implementation: the Hague Declaration on Equal Access to Justice for All by 2030. . . . [more]
We are hearing more and more often from SRLs about “sharp practice” when they face a lawyer on the other side of their case.
There are many common elements to these reports, which I find to be largely credible. SRLs believe that their unfamiliarity with the legal system, combined with the tendency of some judges to assume the worst of them – that their cases are without merit, or that they are “vexatious” and abusing the process when they make honest mistakes and misjudgments – is being exploited by counsel on the other side as a matter of strategy.
The . . . [more]
In countries that were early adopters of legal aid governments became major funders of legal services. This remains the case in many countries today. Funding programs that facilitate access to legal services for low-income populations was established in these years as a responsibility of the government. In nations in which the state does not accept access to justice as a government responsibility or simply cannot afford to do so, organizations with global reach, among other groups and bodies, have often stepped in to support initiatives that promote access to legal help, information, empowerment and other forms of dispute resolution. Whether . . . [more]
A growing number of communities, and lawyers, around the world are focusing their attention on global fossil fuel companies, arguing that they are legally liable for their products’ contribution to climate change and at least partially responsible for resulting climate-related costs. Other legal investigations and cases emphasize that the companies misled the public and their shareholders about the global risks of fossil fuel use, and that these actions have slowed progress on climate policies around the world.
Broadly, communities are asking:
- Do oil, gas and coal companies bear some legal responsibility for selling products that they have known for decades
Justice Pas-À-Pas: Bringing Key Perspectives to Bear on the Common Legal Problems of Franco-Ontarians
Last week, several access to justice champions involved in delivering legal aid services in the province participated in a panel on TVO’s The Agenda. In this segment, panelists discussed how critical Ontario’s legal aid system is to access to justice, not only for those who are marginalized but also, fundamentally, to a fair and participatory justice system. Julie Mathews, Community Legal Education Ontario’s (CLEO) executive director and a featured panelist, highlighted the importance of ensuring that people – particularly those who are marginalized – are able to understand and exercise their legal rights. Good legal aid includes understandable, accessible, . . . [more]
Last month, BC’s Bill 51, the Environmental Assessment Act (EA Act) received Royal Assent. The new EA Act will replace BC’s 2002 environmental assessment law and will likely come into force in late 2019, after consultation on key regulations.
At a time when the proposed new federal Impact Assessment Act – a relatively modest proposal still making its way through the Senate – is more likely to be in the news, BC’s innovative new environmental assessment law has largely flown under the radar.
Here’s why it is worth celebrating.
Advancing Reconciliation and Sustainability
BC’s new EA Act requires the Environmental . . . [more]
What happens to a system of expert legal adjudication when in some courts, up to three in four litigants are advocating for themselves without the assistance of counsel?
The influx of self-represented litigants (SRLs) into the family, civil and appellate courts (family: 50% across the country, up to 80% in some urban courts; civil between 30-50%; appellate around 30%) is transforming the justice system. And not, as many would say, in a good way.
Millions of Canadians live with serious debt, persistent housing problems and face ongoing issues with unemployment. These problems have profound effects on their quality of life. They signal lives of adversity that are impacted by the economic and social constraints that these problems impose.
The Canadian Forum on Civil Justice’s (CFCJ’s) 2014 national survey of Everyday Legal Problems and the Cost of Justice asked over 3,000 adults in Canada about their experiences with these markers of adversity. Separate from experiences of civil justice problems within the three-year reference period of the survey, participants were asked:
- Looking back over the