Book Review: The Justice Crisis: The Cost and Value of Accessing Law

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Justice Crisis: The Cost and Value of Accessing Law. Edited by Trevor CW Farrow and Lesley A Jacobs. Vancouver: UBC Press, 2020. 345 p. Includes index. ISBN 9780774863575 (hardcover) $89.95. ISBN 9780774863582 (paperback) $39.95. ISBN 9780774863599 (PDF) $39.95. ISBN 9780774863605 (EPUB) $39.95.

Reviewed by Krisandra Ivings
Reference Librarian
Supreme Court of Canada
In CLLR 46:4

What is the current state of civil and family law access to justice in Canada? The authors and editors of The Justice Crisis come together to describe a complex system in need of reform. This compilation of essays is the culminating project of the Canadian Forum on Civil Justice’s SSHRC Community-University Research Alliance (CURA) Cost of Justice Project, which aimed to produce research needed for evidence-based decision-making for civil justice reform in Canada and internationally. The project asked, first, what does it cost to deliver an effective civil justice system? and second, what are the social and economic costs of failing to do so? This volume targets these questions.

The book begins with a foreword written by former Supreme Court Justice Thomas Cromwell, situating the book within the current state of civil justice in Canada. Justice Cromwell defines civil justice as “a practical and fair outcome for civil legal problems,” (p xi) one that encompasses not just adjudication but a range of practices leading up to that point. In the book’s Introduction, editors Farrow and Jacobs, in a similar way, broadly define access to civil and family justice as “having paths available for citizens to prevent, address, and resolve the legal challenges and problems they face in their everyday lives” (p 3).

This system of justice, however, is described as in crisis. According to Justice Cromwell, the system needs timely, coherent reform and innovation in line with contemporary legal needs and alongside public engagement. Farrow and Jacobs describe a need for evidence-based reform initiatives in the civil justice system in broad areas including housing, gender violence, justice for Indigenous communities, and more.

The remainder of the book is split into four sections. Part I, Understanding the Access to Justice Crisis, lays out the current funding mechanisms for the justice system and provides some forward-looking policy recommendations and best practices. Part 2, Experiencing Everyday Legal Problems, discusses individual experiences within the justice system. This section includes an important chapter critiquing the residential schools claims process and its impacts on reconciliation efforts in Canada. Part 3, Legal Services and Paths to Justice, describes several case studies designed to advance access to justice. Finally, Part 4, The Legal Profession and Meaningful Access to Justice, focuses on the legal profession and specifically how legal culture and fees can serve as an impediment to access to justice for Canadians.

The Justice Crisis is an ambitious project that covers considerable ground in its 350 pages. No book alone can hope to address every facet of a topic, but this one covers an impressive breadth while remaining cohesive. The editors aim not just to describe problems, but also to present solutions. This goal is particularly well met in the case studies and the focus on the role of legal professionals in the system. Because of this, the book successfully strikes a balance between academic inquiry and lived experience. It bridges the gap some academic texts often leave open by raising practical solutions to the issues raised. Its language is generally accessible to a non-legal audience, making this a particularly useful cross-over text for social science readers as well.

If The Justice Crisis leaves any reader uninspired, this flaw would perhaps be less a result of the book’s content and more the nature of an edited collection. The book provides its readers with in-depth information on specific topics but lacks a summarizing conclusion and a final call to action or rallying principle for its audience. It is therefore up to each reader to reflect on the many calls of individual authors and find ways to integrate their suggestions into practice. The detailed index is useful in ensuring that readers will find all sections of interest.

All told, The Justice Crisis has much to teach us and will make an important addition to the shelves of both law and social science academic collections as well as those of legal professionals who are able to advocate for or effectuate changes to Canada’s civil justice system.