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MAY 2016 |
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Over any given three-year period, almost 50% of Canadians over the age of 18 will experience at least one civil or family justice problem. Other than knowing that people cannot afford the legal system, we know very little about the specific costs of justice in Canada, particularly about affordable justice services and our collective well-being.
In this special edition of the Canadian Forum on Civil Justice (CFCJ) newsletter, we provide an overview of several recent research publications from the CFCJ’s Social Sciences and Humanities Research Council (SSHRC) funded “Cost of Justice” project which, we anticipate, will contribute significantly to the conversation around the costs of justice in Canada, not just in dollars, time and opportunity costs, but also to the state and to the livelihood of the people accessing our justice system. |
The Everyday Legal Problems and the Cost of Justice in Canada survey is the first national survey in almost ten years to measure the frequency and ways in which members of the Canadian public experience everyday legal problems. It is also the first survey of its kind to explore what these problems cost in dollars, to the state and to the physical and mental health of the public who use our justice system. The Everyday Legal Problems and the Cost of Justice in Canada: Overview Report by Trevor C.W. Farrow, Ab Currie, Nicole Aylwin, Les Jacobs, David Northrup and Lisa Moore discusses several key findings of the Everyday Legal Problems and Cost of Justice survey including, the types and frequency of justiciable problems, the ways people try to resolve them and the amount spent trying to resolve legal problems. The Everyday Legal Problems and the Cost of Justice in Canada: Overview Report is published on the CFCJ website here. |
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DESIGN AND CONDUCT OF THE COST OF JUSTICE SURVEYFor the CFCJ’s Everyday Legal Problems and the Cost of Justice in Canada Survey (Cost of Justice in Canada Survey), the Institute for Social Research (ISR) at York University interviewed 3,263 adult Canadians – 3051 for the main study and 212 cell phone interviews. In the Design and Conduct of the Cost of Justice Survey, published on the CFCJ website here, David Northrup, Ab Currie, Trevor C.W. Farrow, Les Jacobs and Nicole Aylwin explain the methodology used to carry out the Cost of Justice in Canada Survey and to analyze the data. |
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“This research... by the Canadian Forum on Civil Justice will be essential in helping us understand the true extent of the problem of cost and how it impacts on the justice system. I believe that it will prove to be of great assistance to... identify concrete solutions to the problem of access to justice.” — The Right Honourable Beverley McLachlin, P.C. (2011)
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EVERYDAY LEGAL PROBLEMS AND THE COST OF JUSTICE IN CANADA: SURVEY
What are the costs associated with engaging our justice services? What does the public spend in time, as well as physical and mental health costs when they experience a civil or family justice problem? What are the costs to the state? As a part of the CFCJ’s "Cost of Justice" research project, the Institute for Social Research (ISR) at York University conducted a survey of more than 3000 Canadians aimed at answering these questions. This survey, which took place between September 2013 and May 2014, is posted on the CFCJ website here.
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THE RESOLUTION OF LEGAL PROBLEMS IN ONTARIO
Data from the CFCJ’s 2014 Everyday Legal Problems and the Cost of Justice in Canada survey on the civil legal needs of Canadians indicates that most Ontarians do not obtain formal legal advice when faced with a legal problem. The assumption may be that this is because the cost of obtaining lawyers has become too expensive, yet the CFCJ’s research indicates that the perception and understanding of what is at stake may be more likely indicators. In “The Resolution of Legal Problems in Ontario”, Mathew Dylag discusses the correlation between the type of legal problem experienced by Ontarians and their decision to engage formal legal help. Read Matthew’s paper in full on the CFCJ website here. |
EVERYDAY LEGAL PROBLEMS AND THE COST OF JUSTICE IN CANADA FACT SHEET
In this fact sheet, the CFCJ provides an overview of some of the key findings from its 2014 Everyday Legal Problems and the Cost of Justice in Canada Survey. The fact sheet was revised (from an earlier version) and updated this month and is posted on the CFCJ website here. A French version of the fact sheet is forthcoming. |
THE DATA DEFICIT: THE CASE FOR IMPROVING COURT RECORDS FOR FUTURE ACCESS TO JUSTICE RESEARCH
In 2015, as part of the SSHRC-funded “Cost of Justice” project, the CFCJ conducted a study of civil non-family cases that appeared to lack resolution through court processes. The resulting “Civil Non-Family Cases Filed in the Supreme Court of BC, Research Results and Lessons Learned” report (published on the CFCJ website here) highlights several challenges related to this type of research, including limitations related to the currency and completeness of court records and difficulties extracting an appropriate sample of cases. The CFCJ has produced a fact sheet to provide an overview of these challenges and several recommendations for improvements. “The Data Deficit: The Case for Improving Court Records for Future Access to Justice Research” fact sheet can be viewed on the CFCJ website here. |
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COLLABORATING ON ACCESS TO JUSTICETrevor Farrow, Chair of the CFCJ, joined other CFCJ board members Mark Benton and Jerry McHale at UVic's newly opened Access to Justice Centre for Excellence (ACE) on May 13, 2016. Following a previous visit by Farrow to UVic in December 2015, this one-day symposium - led by Jerry McHale - brought together a diverse group of participants from government, the judiciary, the bar, law foundations, the academy and others to discuss future directions for access to justice research in BC (and beyond). Farrow also introduced the group to an advance copy of the CFCJ's Everyday Legal Problems and the Cost of Justice in Canada: Overview Report. Earlier this spring (March 31, 2016), Trevor Farrow joined Mark Benton and other members of the Action Committee on Access to Justice in Civil and Family Matters in Ottawa for a strategic discussion with members of the US Department of Justice, Office for Access to Justice. Of particular interest was the group's discussion of ways to engage members of the public, and the private sector, in advancing access to justice awareness and initiatives.
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RURAL AND REMOTE ACCESS TO JUSTICE INFOGRAPHICThere are many unique challenges that make access to legal information and legal services especially difficult for Canadians who live in rural and remote settings. The Canadian Forum on Civil Justice, in consultation with the Rural and Remote Access to Justice Boldness Project, has created an infographic that provides an overview of these challenges (including cost barriers) and the recommendations for improving access to legal services and information in rural and remote areas. The key concepts in this infographic are derived from The Rural and Remote Access to Justice Literature Review (also produced by the Canadian Forum on Civil Justice) that is posted in full here. The Rural and Remote Access to Justice infographic can be viewed here. |
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A WARM WELCOME TO THE CFCJ SUMMER STAFF!The CFCJ is thrilled that Lucas Gindin and Mitchell Perlmutter have joined the team this summer! |
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