Improving Access to Justice for All
Access to justice is an essential component of a fair and equitable society. It allows people to have their rights and interests protected in legal proceedings, protects vulnerable populations from discrimination and corruption, helps ensure that the rule of law is upheld, ensures a more equitable distribution of resources and opportunities, strengthens the rule of law and protects fundamental rights and liberties.
The Law Society of Ontario (LSO) and the Ontario government can improve and increase access to justice for all Ontarians by taking the following steps:
- Providing legal information and resources: The LSO and the Ontario government can provide legal information and resources to help individuals understand their rights and responsibilities under the law. This can include information on common legal issues, access to legal forms and templates, and resources to help individuals navigate the court system.
- Encouraging alternative dispute resolution: The LSO and the Ontario government can encourage the use of alternative dispute resolution methods, such as mediation, arbitration, and collaborative practice, as an alternative to going to court. This can help to resolve disputes more quickly, inexpensively, and effectively, and reduce the burden on the court system.
- Improving affordability: The Ontario government can work to improve the affordability of legal services by providing funding for legal aid programs and other initiatives that provide legal services to individuals who cannot afford them.
Providing access to legal representation: The LSO and the Ontario government can work to increase access to legal representation for individuals who need it. This can include providing funding for legal aid programs, increasing the number of pro bono lawyers, and expanding the scope of services provided by legal clinics. - Addressing systemic barriers: The LSO and the Ontario government can work to address systemic barriers that prevent individuals from accessing justice, such as language barriers, cultural differences, and lack of understanding of the legal system. This can include providing language services, cultural competency training, and education to help individuals navigate the legal system more effectively.
By taking these steps, the LSO and the Ontario government can help to improve and increase access to justice for all Ontarians, regardless of their background or circumstances.
Remote Court Hearings
As a practicing lawyer, I strongly believe in the importance of offering presumptively remote court hearings to ensure that every individual has access to the justice system, regardless of their location or circumstances. This would provide an opportunity for those who may not have easy access to transportation or live in non-urban areas to participate in court proceedings without incurring excessive travel costs.
The Law Society of Ontario (LSO) and the Ontario government can improve and increase remote court hearings by taking the following steps:
- Investment in technology: The Ontario government can invest in technology to support remote court hearings, including upgrading existing systems and developing new ones to ensure that they are secure, user-friendly, and accessible to everyone. This can also include providing technical support and training for court staff, judges, and lawyers to help them use these systems effectively.
Establishing clear guidelines: The LSO and the Ontario government can establish clear guidelines and protocols for remote court hearings to ensure that they are conducted fairly and efficiently. This can include guidelines on the use of technology, the rules of evidence, and the rights and responsibilities of parties and participants.
Promoting awareness: The LSO and the Ontario government can promote awareness of remote court hearings by educating the public, legal professionals, and other stakeholders about their availability, benefits, and limitations. This can include outreach efforts, public education campaigns, and other initiatives to raise awareness about this option.
Encouraging their use: The LSO and the Ontario government can encourage the use of remote court hearings by making them a more attractive option for parties in disputes. This can include providing incentives for lawyers and parties to participate in remote court hearings, and making sure that the process is as accessible and user-friendly as possible.
Evaluating their effectiveness: The LSO and the Ontario government can evaluate the effectiveness of remote court hearings by collecting data and feedback from parties, lawyers, and judges. This can help to identify any challenges and make improvements to the system to ensure that it continues to meet the needs of all stakeholders.
By taking these steps, the LSO and the Ontario government can help to improve and increase remote court hearings, making them a more accessible and efficient option for parties in disputes.
Supporting Indigenous, Black, & Racialized Lawyers
I am committed to promoting diversity within the legal profession and advocating for increased representation of Indigenous, Black, and racialized lawyers. Our current system is not serving our diverse communities and it is imperative that we take steps to address this issue. This includes re-evaluating our hiring practices to ensure they are fair and equitable, and supporting retention programs that promote diversity and inclusivity.
As a Bencher, I will work with the LSO and my colleagues to create more opportunities and promote inclusiveness in the legal profession. This is not only in the public interest, but it is also the right thing to do.
The Law Society of Ontario (LSO) and the Ontario government can improve and promote diversity, equity, and inclusion for Indigenous, Black, and racialized lawyers by taking the following steps:
- Providing cultural competency training: The LSO and the Ontario government can provide cultural competency training for lawyers and other legal professionals to help them understand and respond to the needs of Indigenous, Black, and racialized clients. This can include training on the cultural, historical, and systemic barriers that these clients face, and how to provide culturally sensitive representation.
- Encouraging diverse representation: The LSO and the Ontario government can encourage the participation of Indigenous, Black, and racialized lawyers in the legal profession by promoting their inclusion and advancement. This can include outreach efforts, mentorship programs, and other initiatives that help these lawyers gain experience and recognition in the legal field.
- Providing financial support: The Ontario government can provide financial support to Indigenous, Black, and racialized lawyers to help them establish and maintain their practices. This can include grants, tax credits, and other financial incentives.
- Addressing systemic barriers: The LSO and the Ontario government can work to address systemic barriers that prevent Indigenous, Black, and racialized lawyers from entering and advancing in the legal profession. This can include reviewing and reforming existing laws, policies, and regulations that create barriers for these lawyers, and working with other organizations to promote diversity, equity, and inclusion in the legal field.
- Collaborating with community organizations: The LSO and the Ontario government can collaborate with community organizations that serve Indigenous, Black, and racialized communities, to help promote diversity, equity, and inclusion in the legal field. This can include working with organizations that provide legal services, support and advocacy, and other forms of assistance to these communities.
By taking these steps, the LSO and the Ontario government can help to improve diversity, equity, and inclusion in the legal profession, and ensure that Indigenous, Black, and racialized lawyers are better represented and supported in this field.
Enhancing Public Awareness of Collaborative Practice & Other ADR Methods
To improve access to justice, it is crucial that we educate the public and promote alternative dispute resolution options such as collaborative practice and mediation. These options provide parties with the opportunity to work together and resolve disputes in a less adversarial and cost-effective manner. It is disheartening to meet clients who have been in the court system for years without being informed of these alternatives. As a Bencher, I will work towards enhancing the Court’s mandatory information program (MIP) to focus on promoting ADR methods as viable options for resolving disputes.
The Law Society of Ontario (LSO) and the Ontario government can promote collaborative practice in a number of ways:
- Education and training: The LSO can provide education and training opportunities for lawyers and other legal professionals on the principles and practices of collaborative law. This can help to raise awareness of this approach to dispute resolution and ensure that practitioners are equipped with the skills they need to provide effective representation to clients.
- Promoting the benefits of collaborative practice: The LSO and the Ontario government can promote the benefits of collaborative practice to the public. This can include information on the time and cost savings associated with collaborative practice, as well as the less adversarial nature of this approach.
- Encouraging the use of collaborative practice: The LSO and the Ontario government can encourage the use of collaborative practice by promoting it as an alternative to traditional court proceedings. This can be done through informational campaigns, public speaking events, and other outreach efforts.
- Providing financial incentives: The Ontario government can provide financial incentives to individuals and organizations that participate in collaborative practice, such as tax credits or grants. This can help to encourage greater use of this approach to dispute resolution.
- Collaborating with other organizations: The LSO and the Ontario government can collaborate with other organizations, such as the Ontario Bar Association, to promote collaborative practice and educate the public about this approach to dispute resolution.
By taking these steps, the LSO and the Ontario government can help to promote collaborative practice and improve access to justice in Ontario.