There is no Justice without access to Justice.

  ̶ BEVERLEY MCLACHLIN (2011), FORMER CHIEF JUSTICE OF THE SUPREME COURT OF CANADA

Tim Hortons, hockey, igloos, and the long-awaited NBA championship. These are a few examples of what it means to be Canadian. Oh, and also the continuous apologizing, like now, because of failing to mention our legal system.

There is no doubt that Canada has one of the best legal systems in the world. This was confirmed by the World Justice Project, an independent organization that is dedicated to globalizing the rule of law. Of 126 countries studied, Canada’s legal system is ranked ninth behind Denmark in the top spot.

Access, impartiality, and efficiency are core justice values of our legal system. The majority of Canadians are aware of their basic human rights. In fact, these rights are entrenched in the highest law of the land, the Constitution—the doctrine that we refer to religiously when we feel threatened or need to threaten.

Unfortunately, the legal system is not as accessible as it appears. If we open the curtains wide enough, it is evident that access to justice is a chronic problem. What causes justice to be inaccessible?  Affordability is a major factor why lower-income people do not seek legal assistance. Many Canadians do not have the financial means to address their legal concerns. In addition to cost, legal procedures are long and complex.

According to Trevor C.W. Farrow & Mary Condon, “50 per cent of adult Canadians will experience a significant civil or family justice problem over any given three-year period.” Everyone will eventually encounter a legal problem at some point in life. Meanwhile, fiscal conservatism is counterproductive to improving access to justice in the face of insufficient, sustainable funding.

Low-income people and vulnerable communities need legal assistance. All provinces and territories have legal aid programs that vary in services offered and income thresholds. In the case of Legal Aid Ontario, a person’s annual income must be below $18,000 to be eligible for a limited range of services. This cap means that most individuals and legal problems are not eligible for legal assistance.

Governments have to make undesirable choices when budgets are tight. In 2002, British Columbia cut legal aid funding by 40 per cent. In 2019, Ontario had to reconsider a 30 per cent cut to legal aid funding that targeted new immigrants and refugees.  The federal government stepped in to stem the tide while the provincial government got its fiscal house in order.

Think in the long term

The consequences and costs of these decisions often outweigh the benefits and projected savings. Legal matters are associated with social, economic, and health problems, in which citizens depend upon social assistance. Farrow & Condon’s research shows that legal problems cost the state approximately, “$250 million in increased social assistance costs, $450 million in increased employment assistance costs and over $100 million in additional health care costs.”

Moreover, investing in legal aid is economically viable. According to the Canadian Forum on Civil Justice report, spending on legal services produces an economic return. Studies of various legal aid programs in the United States reveal that, for every dollar spent on legal aid, the return on investment is approximately $9 to $16.

Let’s do it right this time

In order to make justice more accessible, we need to avoid going down the same path. We need to be okay with disruptive innovation to make justice available to everyone at low cost while maintaining objectivity, impartiality, and transparency. The following disruptions should be applied to legal aid:

  • Intelligent automation (IA). IA can be used to handle routine tasks that are done by humans, specifically clerical jobs. IA is faster, more accurate, and cost-effective.
  • Online dispute resolution. In 2012, British Columbia introduced the Civil Resolution Tribunal (CRT), which is focused on finding solutions through negotiation. All applications are accessible online with clear instructions. For those who do not have access to a computer or need further assistance, help is available. CRT is convenient and accessible 24 hours, seven days a week. The average legal matter takes 90 days, and applications cost up to only $200.
  • Unbundled legal services. The client has total responsibility for their case. Lawyers’ involvement in cases is minimal.  Draft legal documents are used extensively.