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.

Judges struggle to find a balance between appropriate assistance and explanation (as the Supreme Court of Canada decision in Pintea v Johns now requires,) and not . . . [more]

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[1] 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

War is the means by which nation states have sometimes resolved their differences. Litigation is the means by which people in our society sometimes resolve their differences. In both cases, there is value in prescribing the rules of engagement.

As wars between sovereign states have become less common and wars between sovereign states and insurgencies have become more the norm, the traditional rules of war seem to have become less relevant. This is presumably because rules that work to govern combat between traditional armies don’t effectively address asymmetric disputes where conventional militaries face off against “guerrillas”, “terrorists” or “freedom fighters” . . . [more]

Below is an excerpt from the introduction of my new book that will be published by LexisNexis on November 30. More information about this book can be found here.

There are times when judges interpret statutes in ways that defy common sense. A notorious example was raised during the Senate confirmation hearings of eventual U.S. Supreme Court appointee Neil Gorsuch in which he was pressed by Democratic members to defend his dissent in Trans Am Trucking. In what is known as the “frozen trucker case”, he denied a trucker the benefit of protective legislation permitting an employee to . . . [more]

Improving access to justice is about pushing boundaries in our understanding of key issues at the forefront of the justice sector. It’s about engaging in discussions to move the dial forward, to break down barriers and develop meaningful solutions. This cannot happen in the justice sector alone. It takes stakeholders and experts from a diverse range of backgrounds, each with their own unique relationship to the law, to bring their perspectives and experience forward.

How does a senior investigative correspondent for the CBC understand mental health challenges in the justice system? How can we close the gap in representation in . . . [more]

I was walking down the street with Nelson, one of the regional finalists of our 2018 Innovating Justice Award. He’s co-founder of Gavel (and, more visible: @citizen_gavel on Twitter). A social enterprise that calls itself “a civic tech organisation aimed at improving the pace of justice delivery through tech”. As part of the entrepreneurship training we give the finalists we ask the justice entrepreneurs to speak to the street. Find and talk to justice customers. Learn what they need. How they need it. When they need it. What they do when they need it. This was a busy street . . . [more]

There are examples all over the world of community-based efforts that facilitate dispute resolution. Community-based justice initiatives are local mechanisms that act in official and quasi-official ways to provide information, advice and services to people within communities who experience justiciable problems. Their scope, who they serve, how they connect with people within communities, where they work and how they provide assistance may vary based on a number of factors, including their location, staffing and other resources. The similarity of community-oriented justice services lies in their efforts to provide assistance to resolve legal problems, often in the face of geographical and . . . [more]

Last year, The Action Group on Access to Justice, also known as TAG, launched Ontario’s first access to justice podcast, Architects of Justice. Supported by the Law Society of Ontario and the Law Foundation of Ontario, this podcast brings together multiple perspectives and aims to spotlight different conversations about how we can make a more effective justice system.

Architects of Justice quickly earned audience interest and received positive feedback for its informative approach, thought-provoking themes and discussion about real opportunities and issues for justice in Ontario. Encouraged by this outcome, TAG produced a second season which will be . . . [more]

At a UN summit in 2015, world leaders identified 17 universal threats to the well-being, safety and advancement of people worldwide and to environmental sustainability. The result was the UN Sustainable Development Goals (SDGs). Officially in effect since January 2016, the SDGs aim to galvanize national and international efforts around an agenda that promotes equity, empowerment and certain fundamental rights and improvements. The target date to reach these goals is 2030.[1]

Notable for the justice community is the addition of Goal 16, which has the object to: “Promote peaceful and inclusive societies for sustainable development, provide access to justice . . . [more]

When people are dealing with a legal problem they often don’t approach a lawyer as their first step. Frequently, people go to a source they’re in closer contact with: frontline staff working in local community-based organizations.

Frontline workers are people working in settlement agencies, housing or health support, libraries, community centres, and in many other community services. They listen attentively, show empathy, and try their best to refer clients in the right direction. Frontline workers get to know their clients’ circumstances and their larger set of problems. In some cases, they share languages and cultural backgrounds with their clients. Their . . . [more]

The dispute resolution processes created pursuant to the Indian Residential School Settlement Agreement (IRSSA) have been described as both significant and historical. While together, these processes represent an important shift in how we think about resolving systemic and historic mass harms, these processes also challenge us to once again ask important questions — What constitutes access to justice in certain contexts? What is the role and responsibility of lawyers in furthering access to justice in those contexts? And is that role and responsibility different for government lawyers?

The example of the independent assessment process (”IAP”) at St. Anne’s Residential School . . . [more]