Canadian Government Executive - Volume 26 - Issue 04

T im Hortons, hockey, igloos, and the long-awaited NBA champion- ship. 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 Proj- ect, an independent organization that is dedicated to globalizing the rule of law. Of 126 countries studied, Canada’s legal sys- tem 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 re- fer 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 ac- cess to justice is a chronic problem. What causes justice to be inaccessible? Afford- ability 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 com- plex. According to Trevor C.W. Farrow & Mary Condon, “50 per cent of adult Canadians will experience a significant civil or fam- ily 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, sustain- able 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 recon- sider a 30 per cent cut to legal aid funding that targeted new immigrants and refu- gees. The federal government stepped in to stem the tide while the provincial gov- ernment got its fiscal house in order. Think in the long term The consequences and costs of these de- cisions often outweigh the benefits and projected savings. Legal matters are as - sociated with social, economic, and health problems, in which citizens depend upon social assistance. Farrow & Condon’s re- search shows that legal problems cost the state approximately, “$250 million in increased social assistance costs, $450 mil- lion in increased employment assistance costs and over $100 million in additional health care costs.” Moreover, investing in legal aid is eco- nomically viable. According to the Canadi- an Forum on Civil Justice report, spending on legal services produces an economic return. Studies of various legal aid pro- grams 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 ap- plied 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, Brit - ish Columbia introduced the Civil Reso- lution Tribunal (CRT), which is focused on finding solutions through negotia- tion. All applications are accessible on- line with clear instructions. For those who do not have access to a computer or need further assistance, help is avail- able. CRT is convenient and accessible 24 hours, seven days a week. The aver- age legal matter takes 90 days, and ap- plications cost up to only $200. • Unbundled legal services. The client has total responsibility for their case. Law - yers’ involvement in cases is minimal. Draft legal documents are used exten- sively. Sehnez Topyurek is a Candidate for the Master of Public Policy, Admin- istration and Law at York University (tsehnez@my.yorku.ca) . Millennial Outlook by Sehnez Topyurek Think twice before acting: There is no Justice without access to Justice. – Beverley Mclachlin (2011), former Chief Justice of the Supreme Court of Canada 24 / Canadian Government Executive // September/October 2020 the Legal Aid di lemma