Despite wide recognition that access to justice is one of the most basic rights of democratic citizenship, unfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. High legal fees, complex and expensive administration, lack of funding, political inattention, insufficient research and education, and a relatively uninformed public feed into the problem. The Justice Crisis assesses what is and isn&;t working in efforts to improve access to civil and family justice. Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren&;t only tied to the courts and lawyers &; such as public education on the law, alternative dispute settlement, and paralegal support &; is therefore an important concern.
Contributors to this wide-ranging overview of new empirical research address several key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations, including indigenous communities; the value of new legal pathways; legal fee structures; the provision of justice services that go beyond the courts and lawyers; and the need for a culture change within the justice system. Their findings can inform initiatives to improve access to justice within the Canadian system and beyond.
Arvustused
"This book is a useful resource on the costs of justice and also lays out some of the challenges in achieving meaningful access to justice." - Ian Mackenzie (Slaw Magazine)
Muu info
Short-listed for Walter Owen Book Prize, The Canadian Foundation for Legal Research 2021 (Canada).
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List of Figures and Tables |
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ix | |
| Foreword: Giving Civil Justice Its Due |
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xi | |
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The Honourable Thomas A. Cromwell |
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| Acknowledgments |
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xix | |
| Abbreviations |
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xx | |
| Introduction: Taking Meaningful Access to Justice in Canada Seriously |
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3 | (22) |
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Part 1 Understanding the Access to Justice Crisis |
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1 Prices, Costs, and Access to Justice |
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25 | (16) |
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2 Measuring Justice System Performance in Quebec and Canada: Indicators for Benchmarking Systems and Highlighting Best Practices |
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41 | (28) |
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3 Public Spending on Access to Justice: Where Do We Go from Here? |
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69 | (24) |
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Part 2 Experiencing Everyday Legal Problems |
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4 The Monetary Costs of Everyday Legal Problems and Expanding Access to Justice |
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93 | (17) |
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5 How Ontarians Experience the Law: An Examination of Incidence Rate, Responses, and Costs of Legal Problems |
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110 | (20) |
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6 Truth, Reconciliation, and the Cost of Adversarial Justice |
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130 | (19) |
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7 The Costs of Justice in Domestic Violence Cases: Mapping Canadian Law and Policy |
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149 | (24) |
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Part 3 Legal Services and Paths to Justice |
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8 Paralegals and Access to Justice for Tenants: A Case Study |
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173 | (19) |
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9 Court-Ordered Family Legal Information Sessions in Ontario: A Path to Justice Approach |
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192 | (13) |
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10 The Value of Class Actions |
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205 | (21) |
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11 Social Enterprise, Social Innovation, and Access to Justice |
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226 | (21) |
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Part 4 The Legal Profession and Meaningful Access to Justice |
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12 Legal Culture as the Key to Affordable Access |
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247 | (20) |
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13 Legal Fee Regimes and the Cost of Civil Justice |
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267 | (20) |
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14 Assessing Client Interests and Process Costs in a Litigation Risk Analysis |
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287 | (17) |
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15 Regulating Contingency Fees: A Consumer Welfare Perspective |
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304 | (19) |
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| Contributors |
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323 | (8) |
| Index |
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331 | |
Trevor C.W. Farrow is a professor and former associate dean at Osgoode Hall Law School, and the chair of the Canadian Forum on Civil Justice. His books include Civil Justice, Privatization, and Democracy and The Theory and Practice of Representative Negotiation (with Colleen Hanycz and Frederick H. Zemans), and he is a co-editor of The Courts and Beyond: The Architecture of Justice in Transition (with Patrick Molinari).
Lesley A. Jacobs is vice-president of research and innovation at Ontario Tech University and York Research Chair in Human Rights and Access to Justice at York University, where he is currently a professor on leave. He was appointed a Fellow of the Royal Society of Canada (FRSC) in 2017 and has written or edited numerous books, most recently Grey Zones in International Economic Law and Global Governance (with Daniel Drache).
Contributors: Carolyn Carter, Thomas A. Cromwell, Ab Currie, Matthew Dylag, Heather Heavin, Devon Kapoor, Michaela Keet, Jennifer Koshan, Herbert M. Kritzer, Moktar Lamari, Marylène Leduc, M. Jerry McHale, Lisa Moore, Janet Mosher, Pierre Noreau, Mitchell Perlmutter, Catherine Piché, Noel Semple, Lorne Sossin, Michael Trebilcock, Wanda Wiegers, David Wiseman