Access to justice is a term that has been the subject of much consideration, discussion, and debate within the Canadian justice system in recent years. So what exactly is meant by “access to justice”? There are many different definitions provided – some made up of legal jargon (irony at its best), and some more plain language explanations. I personally define “access to justice” as people being able to engage with the justice system in a way that is accessible, meaningful, affordable, and understandable. The legal system and processes should not be a mystery that only those who can afford lawyers can participate.
There has been a movement across Canada to enhance accessibility to the justice system. There have been committees created, reports written, and recommendations made. For example, in October 2013, the Action Committee on Access to Justice in Civil and Family Matters published a very important report. That Committee was led by Beverley McLachlin, the Chief Justice of the Supreme Court of Canada. If you haven’t read the Committee’s 2013 report already, I urge you do so. There have been other important work led by the Committee since that report was published. The 2013 report can be accessed at:
http://www.cfcj-fcjc.org/sites/default/files/docs/2013/AC_Report_English_Final.pdf
Over the years, I have given much thought to access to justice and how I can promote it. My legal background includes practice as a lawyer but also working as Executive Director of a non-profit which focuses on promoting access to justice through information and education services. I have seen, first hand, the struggle and frustration that many in the public experience when faced with legal issues but no financial means or perhaps not even access to a computer. Access to justice is a hugely important issue and we in the legal profession have a duty to become informed about this issue and examine how we can help promote it. For me, as a lawyer now in private practice, I ask myself what steps I can take. I purposefully undertake a number of actions to promote access to justice. The first step is to get informed and stay informed- read the reports, consider the recommendations, talk to people “in the know” when it comes to access to justice. Be aware of the free resources available to the public seeking legal assistance and where appropriate make referrals to such services. For example, did you know that the Bilingual Accès Justice Access centre is now open in Halifax? It’s a free legal information centre and offers its services in both official languages. The link to their website (available in English and French) is http://www.ajefne.ns.ca/
Some other tangible steps lawyers can take to promote access to justice include the following:
- Volunteer your time to deliver free legal presentations to the public on a regular basis.
- Make an effort to explain legal stuff in plain language. I am inspired by a quote attributed to Albert Einstein which states “If you can’t explain it simply, you don’t understand it well enough.” I feel that is true for legal concepts. Lawyers need to take the time to use plain language explanations to ensure their clients understand, and I mean truly understand, the legal terminology, concepts and processes that they refer to. Using plain language, and steering away from legal jargon, is key to effective communication with clients.
- Keep legal fees reasonable and affordable. I became eligible to practice law in 2000. My hourly fee could be much higher than it currently is, but if I was to raise it to that level, I would make my services inaccessible to many people. Charging reasonable legal fees is very important to me.
- Join the Lawyer Referral Service offered by the Legal Information Society of Nova Scotia. For more information see http://www.legalinfo.org/how-lisns-can-help/i-need-a-lawyer.html
- Get informed about the activities of the Equity & Access Office which is part of the Nova Scotia Barristers’ Society. Part of the Office’s mandate includes leading numerous initiatives that aim to improve the administration of justice by advocating for enhanced access to legal services and the justice system for equity-seeking groups.
These are just some examples of tangible steps lawyers can take to promote access to justice. We can make a difference and, in my view, have a duty to do so.
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