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Archive for the ‘Justice Issues’ Columns

Responsive Design: AC’s Approach to an Emergent Measure of Access to Justice

More and more people are seeking that access to justice efforts be people-centred: They should be designed around people’s needs, culturally aware and responsive. This can mean legal and other services being co-designed with those who will use them. It can also mean organizations collaborating across sectors, rather than expecting individuals to navigate disconnected systems.

Such ambitions are also reflected in international frameworks. In Making Justice Systems More Effective and People Centred, a 2025 report by the Organisation for Economic Co-operation and Development (OECD), they call for justice pathways that respond to people’s circumstances, including through cross-boundary and multidisciplinary . . . [more]

Posted in: Justice Issues

A New Vision for Access to Justice

The purpose of this piece is to introduce a new national paper from the Action Committee on Access to Justice, Towards Justice as a Common Good.[1]

For transparency, I am a co-author of this paper, together with the Chair of the Action Committee, the Honourable Andromache Karakatsanis, Supreme Court of Canada, Véronique Morissette, Executive Director of the Action Committee, and Brea Lowenberger, Strategic Advisor of the Action Committee.

This Towards Justice as a Common Good paper is designed to provide new energy and a renewed vision for access to justice in Canada.[2]

People-Centred Justice

Significant strides . . . [more]

Posted in: Justice Issues

“Who Dunnit?” Part 2: Persons & Machines Under UPL Laws

The globe-trotting Law via the Internet Conference returned to Canada on October 13 and 14 in Montreal. It was just in time for CanLII’s 25th anniversary, convened under the theme of Trusted Past, Open Future to share developments and trends in the delivery of legal information across the world.

On day one, University of Ottawa law professor Amy Salyzyn updated us on her research inventorying direct-to-public digital legal tools in Canada.

The inventory is not new (it started in 2016, with updates in 2019, 2021, and 2023)—but it has certainly grown. In 2023, 118 tools were cataloged (you . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Technology

The Utility of Mandatory Assistance for Self-Represented Litigants in Alberta

This column presents excerpts from a student paper, completed under the University of Toronto’s Community Research Partnership in Ethics program; the full paper will be published by the National Self-Represented Litigants Project later this year.

Over the past 20 years, Alberta’s family justice system has distinguished itself from other jurisdictions by implementing mandatory forms of assistance. In 2005, the Alberta government launched mandatory meetings for SRLs in provincial court, pursuant to the Intake and Caseflow Management Regulation.[1] Building on this, and recognizing the inherent difficulties associated with an SRL’s journey through the family law system, the new Family Justice . . . [more]

Posted in: Justice Issues

Iranian Lawyers Under Attack in Iran and Abroad

Preoccupation with the ongoing armed conflict in Iran has diverted attention from the grim aftermath of Iran’s nation-wide protests that began on 28 December 2025, during which tens of thousands of protestors were killed, arrested, or disappeared.

Lawyers were prevented from reaching their detained clients. Lawyers themselves were among those detained simply for trying to do their jobs. Protestors are now being tried without legal representation before courts that lack any semblance of independence or impartiality. Frequent executions are now being carried out following hasty and grossly unfair proceedings.

Dissidents who flee Iran may be subjected to transnational repression in . . . [more]

Posted in: Justice Issues

Busting Myths About Children’s Capacity to Meaningfully Participate

The Society for Children and Youth of BC (SCYBC) recently published a series of research papers on child capacity in the context of children’s participation rights [Note 1]. The papers examine capacity generally and in four specific contexts: health care, mental health, family law, and child welfare and adoption.

Why does this matter? Traditionally, we have tended to assume that a child must first demonstrate sufficient “capacity” before being permitted to meaningfully participate in decisions affecting their life. And capacity has often been assessed primarily through the lens of cognitive ability.

The SCYBC reports challenge both assumptions.

I found them . . . [more]

Posted in: Dispute Resolution, Justice Issues

Access to Legal Services: From Sisyphean Quest to a Sustainable Community

“The Access to Legal Services Boulder Was Never the Point”

BC Day 2025 Origins

Like many things Amici Curiae Friends of Court (AC) does, it starts with my waking up one morning and thinking to myself, hmmm, I think we could do better improving the services we provide British Columbians. BC Day 2025 was no different.

For many of us who are working in the access to justice ecosystem, solving these complex issues can feel Sisyphean. Sisyphus was a legendary king who was condemned by Zeus and the gods eternally for his cleverness, to repeatedly roll a heavy rock up . . . [more]

Posted in: Justice Issues

Imagining a Possible Future: Self-Represented Litigant Courts

The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more]

Posted in: Justice Issues

It Depends on How You Ask the Question: The True Number of Unrepresented Accused in the Ontario Court of Justice

This paper is part of a larger, multi-year project looking at representation, efficiency and outcomes in Ontario’s provincial court[1]. As outlined in an earlier Slaw piece on this project (“Using Representation Pathways to Explore Court Data”, October 2025), several parts of this research are ongoing. The paper highlights the “representation pathways” idea, which is being explored as a methodological tool and as a way of better understanding the experience of accused persons in the provincial criminal court system.

The research is being carried out using an appearance-based database from the Ontario Court of Justice (OCJ). The data . . . [more]

Posted in: Justice Issues

Issues of Self-Representation in a Landmark Decision: Reflecting on Ahluwalia v. Ahluwalia

The Supreme Court of Canada’s decision in Ahluwalia v. Ahluwalia was released on May 15th to much press and discussion. For many, it was a relief that a significant and precedent-setting case sought to tackle a pervasive and insidious social problem: intimate partner violence. There will no doubt be much commentary on the substantive content of the case, the scope of the tort of intimate partner violence, the manner of its proof in family law cases, and the implications for individual litigants going forward.

However, there is another thread weaving through the fabric of this case in its journey . . . [more]

Posted in: Justice Issues

The Shared Secret: Does Your Consent Violate Your Family’s Privacy?

As of May 2026, millions of Canadians are navigating a significant legal deadline. They have until June 25 to file claims in the finalized 23andMe Canadian Data Breach Settlement—a multimillion-dollar resolution to one of the most consequential privacy failures in recent history. But as the legal files are closed, a more fundamental question remains: Can a single person’s consent ever truly be ethical when the data being signed away belongs to an entire family tree?

We are taught early on in law school that the individual is the ultimate unit of the law. We draft retainer agreements for individuals, . . . [more]

Posted in: Justice Issues

“A Security Is What the Law Says It Is”: Legislative Breadth and Judicial Purpose in Canadian Securities Law

Canadian securities law has long resisted narrow or technical definitions of the term “security.” Instead, both legislatures and courts have embraced an intentionally expansive and purposive conception, one designed to capture a wide range of investment arrangements rather than a closed set of financial instruments. The oft‑invoked proposition that “a security is what the law says it is” reflects not interpretive casualness, but a deliberate regulatory strategy. Overbreadth in the statutory definition of “security” is not an accident of drafting; it is a conscious design choice that enables securities regulation to respond to evolving forms of capital formation and investment. . . . [more]

Posted in: Administrative Law, Justice Issues

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada