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]

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

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]

People-centered approaches have quickly become the norm in access to justice. By the term norm I mean essentially the same thing as the use of the term in sociology, a widely accepted expectation or rule of behaviour – a way of doing things. People-centricity has escaped the fate of becoming either a mot du jour or a term widely accepted but deemed nothing new, greeted with the assertion; We have always done that. We just didn’t have a name for it. This escape from the ordinary lies in its roots in the legal needs literature and in a fortuitous turn . . . [more]

In January 2022, headlines across Canadian media ignited a controversy involving Kaycee Madu, Canada’s first Black provincial justice minister. The reports centered on Madu receiving a traffic ticket from a police officer after a traffic stop and subsequently calling the police chief to discuss his concerns over the traffic stop. Almost immediately, a media narrative emerged suggesting that Madu had attempted to use his political influence to avoid the ticket – a narrative that spread quickly, despite the police chief’s clear statement that no such request had been made.

Minister Madu explained that his call was not an attempt to . . . [more]

The Taliban’s unlawful takeover of Afghanistan in August 2021 has become a “human rights catastrophe.” Afghan women and girls are being erased from public life as their rights are systematically annihilated.

On 26 September 2024, Canada announced a plan to take the Taliban to the International Court of Justice (ICJ) over their violations of Afghanistan’s obligations under the Convention on Elimination of All Forms of Discrimination against Women (CEDAW). The joint plan has been launched by Australia, Canada, Germany, and the Netherlands, with support from 22 other countries.

UN experts and human rights organizations are applauding . . . [more]

Professor John Lande has just published a terrific article “Theory and Practice of Mediation Representation”. He has also posted a summary here. Professor Lande acknowledges that there is much more written about how to mediate (as mediator) than how to represent clients in mediation (as counsel). Given that it is very common for lawyers to support clients in mediation, he gathers the best existing literature on the subject and presents both a theoretical framework for analyzing mediation representation and practical techniques for lawyers to use. There are helpful tables and checklists describing tasks for both lawyers and mediators. . . . [more]

Ongoing barriers to access to justice remain a persistent problem throughout our legal system, particularly for those living on low incomes. In law, as across all areas of society, there is much interest in the potential to harness technological innovations to help address those barriers. Legal regulators in Canada and abroad are taking a variety of approaches aimed at unlocking the potential of technology-based legal services, while also continuing to protect the public from harm. Efforts in Canadian provinces, however, do not seem to be generating initiatives that will benefit people most in need of more accessible justice. We think . . . [more]

The Crisis of Court and Tribunal Delays and the Loss of Faith in the Justice System

Timely delivery of justice is not just a legal ideal; it’s a societal necessity. In Canada, however, this ideal is increasingly out of reach due to mounting court and tribunal backlogs.[1] The Canadian justice system has long grappled with delays, but recent figures underscore a crisis of unprecedented proportions. Following the COVID-10 pandemic, courts and tribunals across the country have had to postpone a vast number of cases. As an example, data from the post-pandemic Tribunals Ontario 2021-22 Annual Report revealed that the . . . [more]

Across Canada, our justice system is under attack. In British Columbia, the New Democratic Party is erasing the law society, eliminating with it the independence of lawyers. In Alberta, the United Conservative Party sought to cease funding to legal aid – which funds individuals and families who stand at and below the poverty line and cannot afford justice otherwise – and continues to negotiate further oversight and restrictions to limit its reach. In Manitoba, the New Democratic Party removed a politician from caucus when it was discovered he had a connection to a lawyer who represented an accused, despite breaking . . . [more]

Why are some restaurants great, while others are so lousy? The great ones don’t usually have better ingredients in the kitchen, or better written policies, or even more talented people.

Usually, they have better culture. The folks leading and working in great restaurants have developed expectations, attitudes, and social practices that produce terrific results, night after night.

What if the same is true of justice systems? Maybe culture is the reason why some courts, tribunals, and segments of the bar consistently produce substantively just outcomes after processes that are quick, affordable, and procedurally fair. And maybe culture is the . . . [more]

While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible. In LK v DD, the respondent in a family law application was successful at the Yukon Court of Appeal in overturning family law orders made at a summary trial of the parties’ applications and cross-applications. The Court of Appeal determined that the respondent had . . . [more]