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Archive for the ‘Justice Issues’ Columns

Ontario Civil Rules Reform – the Good the Bad and the Ugly

Renowned for its dysfunction, the leadership of the Ontario Superior Court deserves some credit for belatedly admitting the court to be in crisis. Acknowledging the need for bold, fundamental reforms it tasked the Civil Rules Working (Working Group) with identifying ways to reduce complexity, costs and delays and stated that “minor amendments (to the Rules) would be insufficient.” Despite that mandate, the Working Group in their Phase 2 Consultation Paper has proposed implementing further rules and procedures, changing a handful of existing Rules and rearranging the balance. One step forward, two steps back.

Handicapping the Working Group

Initially, the Working . . . [more]

Posted in: Justice Issues, Practice of Law

Dead Acts and Fat Cats – ‘The Persistent Decline of Social Welfare Law’

As the April federal election approaches, an issue that has receded from the public consciousness is the significant loss of social legislation upon the prorogation of Parliament that preceded the Liberal Leadership Convention. Such pauses are commonplace, but in this instance, it drew widespread criticism across strata of society due to the threat of unprovoked economic warfare from the Trump administration and the number of government bills that died on the order paper.

The Public Service Alliance of Canada, for example, criticized the government for failing to pass the pension fairness measures and tax breaks promised in the 2024 . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

The Inevitability of AI in Court: What Does It Mean for Self-Represented Litigants?

A recent CBC article from British Columbia indicated that a self-represented party used Microsoft Copilot to assist with legal research: the artificial intelligence (AI) program generated 10 cases, nine of which were hallucinated. The hallucinated cases were ‘caught’ during a proceeding at the Civil Resolution Tribunal, but this incident and the possibility of others like it raises challenging questions for access to justice. It can be assumed that public-facing AI will continue to gain ground as a means of providing legal information and assistance, and as that happens, there will be more examples of hallucinated cases making their way into . . . [more]

Posted in: Justice Issues

Putting Your Money Where Your Mouth Is: Examining Financial Incentives in Dental Services

A few weeks ago, I went to the dentist for the first time in years—thanks to finally having work benefits. I expected a routine cleaning, some X-rays, and maybe a reminder to floss more. Instead, the appointment took an unexpected turn when the dentist launched into a sales pitch for Invisalign.

At 29, with relatively straight teeth, I’d never been told I needed any kind of teeth straightening. Yet, almost immediately, I was shown an AI-generated “after” image that looked nearly identical to my current teeth. The dentist admitted the difference was minimal but claimed it might help protect my . . . [more]

Posted in: Justice Issues, Practice of Law

Bridging the Gap Between Access to Justice and Business Law

At first glance, access to justice (A2J) might seem more relevant to areas like family, criminal, or poverty law. But through my unique position as both an Osgoode Hall Law School JD/MBA student and a research assistant for the Canadian Forum on Civil Justice (CFCJ), I’ve come to recognize a crucial and sometimes overlooked intersection between A2J and business law. That is: the challenges people face in accessing justice are not confined to traditionally “personal” legal matters. Everyday legal problems—ranging from contract disputes to consumer rights challenges—are deeply intertwined with business law, shaping both individual experiences and the broader economy. . . . [more]

Posted in: Justice Issues

CanLII’s Support for the Rule of Law

The Rule of Law is like the oxygen in the air: we don’t notice it until we are having trouble breathing. Today, we watch as Americans struggle to breathe as the Rule of Law is under threat. It is time for all Canadian legal organizations to take stock and reinforce our protections of the Rule of Law.

Here in Canada, most Canadians likely either do not know or may not appreciate the role that CanLII plays in maintaining the Rule of Law in our country.

In the Quebec Secession Reference (1998), the Supreme Court of Canada identified the Rule of . . . [more]

Posted in: Justice Issues, Practice of Law

The US as an Authoritarian State: Danger to the Global Rule of Law

Donald J. Trump’s second term as President of the United States has stunned the world. Commentators increasingly say the US has now crossed the Rubicon into authoritarian territory.

While some say Trump’s actions are erratic, a closer look reveals a methodical attempt by his administration to dismantle a broad range of US institutions and agencies and to suffocate international institutions, universal human rights, and the rule of law. The breakneck speed, scope, and impact of the Trump administration’s actions through Executive Orders and directives has created a chaotic atmosphere of uncertainty and fear around the world.

Checks and balances . . . [more]

Posted in: Justice Issues

Let Sleeping Dogs Lie? the Quiet Rise of Anti-Competitive Vet Practices

Have you ever glanced into a passerby’s stroller, anticipating the sight of a cooing baby, only to lock eyes with a chihuahua or a pomeranian instead? In Canada’s urban centers, this sort of scene is no longer out of the ordinary. In many households around the world, pets are starting to be seen less as property, and more as family members. This newfound status is reflected in everything from gourmet pet food to elaborate birthday parties (guilty as charged). With over 60 percent of Canadian households now including at least one pet, the bond between humans and their animals has . . . [more]

Posted in: Justice Issues

Access to Justice in 2025: What Does the Year Ahead Hold?

As we contemplate 2025, the NSRLP is considering how to tackle the ongoing challenges in access to justice. While the barriers facing individuals attempting to access justice remain many, it is challenging to consider where the focus on improving access should be directed, given limited resources and capacity. Moreover, the coming year is likelier than not to have a fair share of political, social, and economic upheaval, all of which may also serve to impact access to justice in both anticipated and unanticipated ways. Thus, thinking about where the NSRLP goes next is a necessary exercise, and one requiring flexibility . . . [more]

Posted in: Justice Issues

A Billion Here, a Billion There, and a Billion for Legal Aid

The most recent legal aid data from the Department of Justice Canada reports that total expenditures on legal aid reached a landmark in 2022-23 surpassing the $1 billion mark, standing at $1.14 billion.[1] This brings to mind the phrase famously attributed to the American Senator Everett Dirksen, although he later denied having said it but decided he would let it stand anyway because it sounded good; a billion here, a billion there and pretty soon you’re talking about real money. The importance of Dirksen’s remark is that it humourously captures the awesome scale of amounts of money in . . . [more]

Posted in: Justice Issues

International Day of the Endangered Lawyer 2025: The Persecution of Lawyers in Belarus

The persecution of lawyers in Belarus is the focus of attention during the 15th international Day of the Endangered Lawyer on 24 January 2025. This international day has been observed by lawyers around the world on the 24th of January every year since 2010.

Each year the focus is on a country where lawyers and legal professionals are at particular risk. In 2025 the focus is on Belarus.

This year’s coalition of 31 lawyers’ organizations around the world has documented the dire situation of Belarusian lawyers and legal professionals in a 34-page report released today.

A concerted attack . . . [more]

Posted in: Justice Issues

Tackling Access to Justice: The Maryland Example

Recently, NSRLP participated in the 2024 National Pro Bono Conference, held in Montreal. The two-day event brought lawyers, academics, community workers and judges together to discuss issues of access to justice – and to identify and share initiatives aimed at tackling the multitude of challenges associated with a lack of access to justice.

In reflecting on that experience, what remains evident is that if we are to take these problems seriously, it is necessary to engage a variety of stakeholders in their resolutions. This requires the cooperation and commitment of government, the profession, the judiciary, those working in access to . . . [more]

Posted in: Justice Issues