By: Odette Dempsey-Caputo
The future of access to justice is an intersectional approach incorporating a universal approach. A universal approach takes into consideration the personal characteristics of the person including education, employment, health care to ensure that everyone has access to justice. Roderick A. MacDonald described the history of access to justice as containing five waves:
access to lawyers and courts
institutional redesign
demystification
preventive law
proactive access to justice
It has been over 20 years since MacDonald described these waves. I propose that in the 20 years since MacDonald wrote about these waves of access to justice, there is a new wave and it is not technology.
The Covid-19 pandemic has been heralded as improving access to justice as a result of increasing the use of technology in the justice system. However, despite the increased usage of technology, Covid-19 has been reported by service providers as decreasing access to legal help. For instance, during the increased use of technology, 37 percent of service providers in British Columbia reported a decrease in access to legal help and only 3 percent reporting an increase.
There is no doubt that there has been an increase of technology use in in the justice system. We have seen this with the establishment of the Civil Resolution Tribunal, an online platform for claims under $5,000. The establishment of virtual legal clinics, such as the Rise Women’s
Centre and the Everyone Legal Clinic, also increase access to justice. There is even discussion of artificial intelligence being used for court forms, submissions and legal information. That said, studies acknowledge that technology is not the definitive solution to access to justice. Barriers to technology will prevent individuals from having full participation in the justice system if we focus only on technological answers to access to justice. We need to communicate with marginalized communities to understand these barriers.
The future of access to justice will include disciplines other than law. We are already seeing this occur. We have Indigenous courts that include elders as well as other specialized courts. Legal studies are being done alongside scientists. Domestic violence victims are reaching out to dentists and hairdressers for help. Non-profit organizations are playing a bigger role in helping clients. The emergence of trauma-informed practice has taught us that medical professionals and social workers are an integral of helping our clients.
As stated, improving access to justice requires a universal approach. The future of access to justice will have trusted intermediaries who are educated in the barriers faced by marginalized participants. These individuals will work alongside clients to help them navigate the justice system. Future access to justice will also incorporate people from marginalized communities as lawyers, judges and policy makers; it will include Indigenous people, persons with disabilities and individuals from the 2SLGBTQ community. The future of access to justice will incorporate other professions such as health care professionals, social workers and scientists. The future of access to justice is inclusive, multidisciplinary and collaborative. The new wave is interdisciplinary collaboration.
A well encompassing article. Undoubtedly the use of technology in the administration of justice can enhance access to justice or be a barrier depending on those seeking justice.
The digitally disadvantaged people who still struggle with basic amenities from my experience as a Judge are more likely to have a delayed access to courts or justice. We must partner with every sector, discipline and all levels of government to make an all encompassing policies and laws that reflect the reality of everyone in the society.
P.S, I came by the office twice, I hope to meet you soon.
Zainab.
Written by Odette Dempsey-Caputo 2023