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Clearinghouse

The Clearinghouse provides information on civil justice systems and civil justice reform initiatives. It contains bibliographic records of published materials such as books, articles, policy reports and conference proceedings. The Clearinghouse is intended for research or general interest purposes. For details about jurisdiction-specific legal organizations please visit the Legal Links page.

Please direct questions about the Clearinghouse to communications@cfcj-fcjc.org.

  • Access to Justice

    While not easily defined, access to justice refers broadly to the access that citizens have to dispute resolution tools of justice including but not limited to courts. Effective access to justice does not only refer to reductions in costs, access to lawyers and access to courts; but rather, it is a broad term that refers more generally to the efficaciousness of a justice system in meeting the dispute resolution needs of its citizens.

    Links to related resources are listed below.

    Reaching Equal Justice: An invitation to envision and act

    Author: A summary report by the CBA Access to Justice Committee
    Year and Publisher: 2013, Canadian Bar Association
    Description: The report is part of the CBA Envisioning Equal Justice Initiative which considers the systemic barriers that impact our ability to achieve equal justice in Canada. This summary report provides a framework and targets that are meant to help guide the process of reform.
    Link: http://www.cba.org/cba/equaljustice/secure_pdf/Equal-Justice-Report-eng.pdf


    Listening to Ontarians: Report of the Ontario Civil Legal Needs Project

    Author: Project Steering Committee (R. Roy McMurtry, Marion Boyd, John McCamus, Lorne Sossin)
    Year and Publisher: 2010, Ontario Civil Legal Needs Project Steering Committee
    Description: Reports on research into the legal needs of low- and middle-income Ontarians.
    Link: http://www.lsuc.on.ca/media/may3110_oclnreport_final.pdfDescription: PDF


    A matter of trust: Canadian Judicial Council annual report 2009-2010;
    Un lien de confiance : Rapport annuel 2009-2010 du Conseil canadien de la magistrature

    Author: Canadian Judicial Council
    Year and Publisher: 2010, Canadian Judicial Council
    Description: Annual report highlighting the work of Action Committee on Access to Justice in Civil and Family Matters, release of the Blueprint for the Security of Judicial Information, and other items.
    Link: http://www.cjc-ccm.gc.ca/cmslib/general/CJC-annual-report-2009-2010-finalE.pdf
    http://www.cjc-ccm.gc.ca/cmslib/general/CJC-annual-report-2009-2010-finalE.pdf


    Preserving the Right to a Fair Trial

    Author: Deborah R. Hatch, Peter Royal, Gwilym Davies, Charles Davison, Ravi Prithipaul & Laura Stevens
    Year and Publisher: 2010, Edmonton Journal
    Description: Article by current and past presidents of the Criminal Trial Lawyers’ Association stressing the importance of access to legal aid so that cost is not a barrier to justice.
    Link: http://www2.canada.com/edmontonjournal/news/ideas/story.html?id=d78a944d-f9db-476c-bb97-470a6a8eb58f&p=1


    Legal-costs Insurance Needs Official Boost, says Long-time Provider

    Author: Michael McKiernan
    Year and Publisher: 2010, Law Times News
    Description: The Law Society of Upper Canada has welcomed a new legal expenses insurance scheme for individuals as a potential solution to access-to-justice problems in Ontario.
    Link: http://www.lawtimesnews.com/201007197223/Headline-News/Legal-costs-insur…


    Civil Justice System Seen as Catering to the Rich

    Author: Kirk Makin
    Year and Publisher: 2010, the Globe and Mail
    Description: Reports on the release of the Report of the Ontario Civil Legal Needs Project, as well as a call for proposals by the Access to Justice Fund Grants Program.
    Link: http://www.theglobeandmail.com/news/national/civil-justice-system-seen-a…


    Creating Access to Justice in Nunavut

    Author: Mary Stratton
    Year and Publisher: 2009, LawNow
    Description: Describes access to justice issues facing Nunavut.
    Link: stratton-access-in-nunavut-en.pdf


    Report of the Access to Family Justice Task Force [Guerette report]

    Author: New Brunswick Access to Family Justice Task Force
    Year and Publisher: 2009, New Brunswick Access to Family Justice Task Force
    Description: Task force report recommending moving away from an adversarial model in family court and focusing on accessibility and proportionality.
    Link: http://www.gnb.ca/0062/FamilyJustice/FinalReport-e.pdf


    “Professionalism and proportionality”

    Author: Warren K. Winkler
    Year and Publisher: 2009, The Advocates Journal
    Description: Article is adapted from a presentation by the Honourable Warren K. Winkler, the Chief Justice of Ontario, at the American College of Trial Lawyers Annual Meeting in Toronto on September 26, 2008, on the need for proportionality to ensure access to the civil justice system.
    Link: http://www.ontariocourts.on.ca/coa/en/ps/publications/professionalism_proportionality.pdf


    Evaluation of the Nova Scotia Small Claims Court: Final report to the Nova Scotia Law Reform Commission

    Author: Marc W. Patry, Veronica Stinson & Steven M. Smith
    Year and Publisher: 2009, Law Reform Commission of Nova Scotia
    Description: Evaluation of the Nova Scotia Small Claims Court by researchers from Saint Mary’s University, concluding that the court provides ‘quick, informal, and affordable access to justice’ but identifying enforcement of judgments as an area of concern.
    Link: http://www.lawreform.ns.ca/Downloads/SmallClaimsFinaReportFINAL.pdf


    Civil Legal Needs Research Report

    Author: Carol McEown
    Year and Publisher: 2009, Law Foundation of British Columbia
    Description: Looking at what can be abstracted from civil legal needs surveys, from previous poverty law needs assessments, as well as other current legal needs, and the gravity of the unmet needs problems.
    Link: http://www.lawfoundationbc.org/reports-papers/

  • Alternative Dispute Resolution

    There are a variety of alternatives to the successful resolution of disputes other than trial. The use of ADR allows parties to choose a dispute resolution method that suits their needs, and ideally reduces expenses, increases party satisfaction, and offers a more timely resolution of issues. Because court-connected ADR is a method of case disposition, the final resolution may be presented to a judge for entry as the final disposition of the case, or for enforcement of the outcome.

    Links to related resources are listed below.

    White Paper on Family Relations Act Reform: Proposals for a New Family Law Act

    Author: British Columbia Ministry of the Attorney General; Justice Services Branch; Civil Policy and Legislation Office
    Year and Publisher: 2010, British Columbia Ministry of the Attorney General
    Description: White paper to promote discussion of proposed changes to BC’s Family Relations Act, including a focus on non-court dispute resolution.
    Link: http://www.ag.gov.bc.ca/legislation/pdf/Family-Law-White-Paper.pdf


    Report of the Scottish Civil Courts Review

    Author: Launched by the Lord Justice Clerk, the Rt Hon Lord Gill
    Year and Publisher: 2009, Scottish Courts
    Description: Report of the Scottish Civil Courts Review, launched by the Lord Justice Clerk, the Rt Hon Lord Gill, on the cost of litigation, the alternative dispute resolution, communication and case management, and specialisation of courts or procedures.
    Link: http://www.scotcourts.gov.uk/civilcourtsreview/


    Canadian Federal and Provincial Administrative Legislation Containing ADR Processes

    Author: Trevor C. Farrow and Ada Ho
    Year and Publisher: 2007, The Canadian Forum on Civil Justice
    Description: This document provides a sampling of Canadian federal and provincial legislation dealing with various forms of Alternative Dispute Resolution, with a heavier focus in the areas of Health, Environment, Labour and Human Rights.
    Link: Admin Legislation Chart – Sept 22, 2007.pdf


    Administrative Tribunals Using ADR

    Author: Trevor C. Farrow and Ada Ho
    Year and Publisher: 2007, The Canadian Forum on Civil Justice
    Description: This document provides a sampling of administrative tribunals available in Canada, many of which use some form of ADR. The primary focus areas of the tribunals are Health, Environment, Labour and Human Rights.
    Link: Administrative Tribunal Legislation – May 17, 2007.pdf


    ADR and the Public Interest; Le Règlement Extrajudiciaire des Différends (RED) et l’Intérêt Public

    Author: Lorne Sossin
    Year and Publisher: 2006, Canadian Forum on Civil Justice
    Description: Presented at the Conference: Into the Future: The Agenda for Civil Justice Reform on May 2, 2006
    Link: sossin-en.pdf
    sossin-fr.pdf


    Personal Reflections on ADR Reforms = Réflexions Personnelles sur la Réforme du RED

    Author: David Tavender
    Year and Publisher: 2006, Canadian Forum on Civil Justice
    Description: Presented at the Conference: Into the Future: The Agenda for Civil Justice Reform on May 2, 2006
    Link: tavender-en.pdf
    tavender-fr.pdf


    Some Industry Responses to Dispute Resolution = La Résolution des Conflits : Quelques Réactions de l’Industrie

    Author: S. Noel Rea
    Year and Publisher: 2006, News & Views on Civil Justice Reform , Canadian Forum on Civil Justice
    Description: Looking at one counsel’s experience with introducing alternative dispute resolution (ADR) in a corporate setting.
    Link: newsviews09-en.pdf
    newsviews09-en.pdf


    Privatizing our Public Civil Justice System; La Privatisation du Système Public de Justice Civile

    Author: Trevor C. W. Farrow
    Year and Publisher: 2006, News & Views on Civil Justice Reform, Canadian Forum on Civil Justice
    Description: “There is a real danger that parties, particularly those with power, will increasingly use this privatizing system in order to circumvent public policies, accountability and notions of basic procedural fairness.”
    Link: newsviews09-en.pdf
    newsviews09-fr.pdf


    Offers to Settle in the Federal Court of Appeal and in the Federal Court

    Author: Rules Subcommittee on Offers to Settle [Federal Court]
    Year and Publisher: 2004, Rules Subcommittee on Offers to Settle, Ottawa, Ontario
    Description: Discussion paper surrounding settlement and the rules which are intended promote and incentivise settlement. The discussion paper notes the problems that have prompted the paper and possible amendments that could address the problems.
    Link: 18596-settle_fca.pdf


    ADR with Spirit – Growing our Souls through our Work

    Author: Pauline Sink
    Year and Publisher: 2001, working paper, University of Saskatchewan, College of Law
    Description: This working paper is written by a law student nearing graduation. The paper discusses the impressions and experiences garnished from a three month project simulating multi-party institutional conflict resolution.
    Link: adr_spirit.pdf


    The Potential for Mediating Disputes Online

    Author: Kevin Andrade & Gurinder Bains
    Year and Publisher: 2001, working paper
    Description: In this paper we will be looking at the possibilities for mediating settlements online. Mediation offers a greater challenge than less consensual methods of resolution like online arbitration because of the stress on developing rapport and trust between the parties and facilitators.
    Link: mediating_disputes_online.pdf


    Online Dispute Resolution: Overcoming the Problems and Shackles of Territory

    Author: David Parkatti
    Year and Publisher: 2001, working paper
    Description: “Emerging models of online dispute resolution… such as that recently created for the resolution of domain name conflicts, present what many consider to be a solution to this intractable cross-border problem.”
    Link: online_dr.pdf


    Keeping Mediation an Alternative Dispute Resolution Process

    Author: Tad Kojima
    Year and Publisher: 2001, working paper
    Description: “By continuing to take an adversarial approach, lawyer-mediators have begun to strip mediation of its unique process. It is becoming more adversarial. Legal concepts and legal rules are becoming more attractive.”
    Link: keeping_mediation.pdf


    Confidentiality and the Public Interest Exception: Considerations for Mixed International Arbitration

    Author: Monique Pongracic-Speier
    Year and Publisher: 2001, working paper
    Description: The challenges that arise in respect of confidentiality in international commercial arbitration between public and private parties have only recently begun to be articulated, despite the fact that this sort of “mixed” arbitration is by no means new. This paper will examine the nature of these challenges.
    Link: confidentiality.pdf


    Mediating Malpractice Disputes: A Viable Alternative to Tort Litigation

    Author: Amy Binder
    Year and Publisher: 2001, working paper
    Description: This paper explores the nature of medical malpractice incidents and how they play out
    in the civil litigation process. It is proposed that a process with a central focus on mediation creates a less adversarial milieu and is thus, more likely to successfully resolve medical malpractice disputes.
    Link: mediating_malpractice.pdf


    The Repatriation of the Constitution & Alternative Dispute Resolution: The Failure of Past Constitutional Negotiations and Possible ADR Solutions for the Future

    Author: Raphael Feldstein
    Year and Publisher: 2001, working paper
    Description: This paper posits that there is a dire need to stipulate alternative dispute resolution as a possibility for overcoming arising difficulties in constitutional negotiations.
    Link: repatriation.pdf


    Peace So Close and Yet So Far: A Look at Negotiations in the Palestinian-Israeli Conflict

    Author: Kim Stock
    Year and Publisher: 2001, working paper
    Description: This paper examines theories behind international negotiations and intractable conflicts, the history and efforts of the two conflicting parties in the peace process, the types of conflict resolution that have been employed, and the problems facing dispute settlement for the parties involved.
    Link: peace_close.pdf


    How We Got To Yes: Introducing an ADR Practicum at the University of Toronto Faculty of Law

    Author: Rachel Iscove, Estee Garfin & Julie MacLean
    Year and Publisher: 2001, working paper
    Description: This paper looks at the importance of ADR generally and also makes the case for an expanded ADR curriculum at the University of Toronto, Faculty of Law.
    Link: got_to_yes.pdf


    Food Fight: the Fruit and Vegetable Dispute Resolution Corporation

    Author: Tammy Smith
    Year and Publisher: 2001, working paper
    Description: This paper looks at the Fruit and Vegetable Dispute Resolution Corporation located in Ottawa and asks what it was that prompted those negotiating NAFTA to include an article dealing with private commercial dispute resolution regarding agriculture.
    Link: food_fight.pdf


    Empowerment in Mediation: For the Masses

    Author: Gary Wong
    Year and Publisher: 2001, working paper
    Description: This paper evaluates the issues of power imbalances and empowerment in mediation and assesses the viability of functional interventions that mediators can employ in addressing cases where power imbalances may materialize.
    Link: empowerment.pdf


    Mediation, Family Law Disputes and the Best Interests of Children

    Author: Lisa Walker-Sharp
    Year and Publisher: 2000, working paper
    Description: Exploring the benefits and concerns about the use of mediation, or alternative dispute
    resolution (ADR) in private and public family law disputes.
    Link: mediation_best_interests.pdf


    Managing School Conflict: the Peer Mediation Approach

    Author: Jeff Silver & Karin Vermander
    Year and Publisher: 2000, working paper
    Description: This essay identifies and discusses the three generally recognized models of peer mediation found in our school system. The process of implementing a peer mediation model into our schools is then broadly considered and specific results identified. The paper also conveys the practical experiences associated with the operation of the Common Ground program at Central Catholic High School, located in Windsor, Ontario.
    Link: managing_school.pdf


    Forget the Mechanics and Bring in the Gardeners: An Exploration of Mediation in Intellectual Property Disputes

    Author: Daniele Ciraco
    Year and Publisher: 2000, working paper
    Description: This paper theorizes about the benefits of mediation in IP disputes.
    Link: forget_mechanics.pdf


    Mediation: The Great Equalizer? A Critical Theory Analysis

    Author: Reva Seth
    Year and Publisher: 2000, working paper
    Description: Critics are now suggesting that mediation may actually undermine the ability of minority and disadvantaged groups to obtain a fair and just hearing. As mediation is often aimed at serving groups whose members are particularly vulnerable to prejudice, these critics suggest that society proceed extremely cautiously when channeling disputes towards mediation. This paper will evaluate the validity of these criticisms and explore the merits of the measures suggested to address them.
    Link: mediation_equalizer.pdf


    Creating Energy or Frustration: The Use of Consensus Building By Governments to Attack Sustainability Issues

    Author: Tammy Praskach
    Year and Publisher: 2000, working paper
    Description: The purpose of this paper is to flesh out the necessary elements for a successful consensus process, and see if they are being incorporated into those consensus processes that are facilitated by the government.
    Link: creating energy.pdf


    A Return to ‘Traditional’ Dispute Resolution: An Examination of Religious Dispute Resolution Systems

    Author: Kellie Johnston, Gus Camelino & Roger Rizzo
    Year and Publisher: 2000, working paper
    Description: This paper proceeds on the following framework. The first section examines the Jewish system of alternate dispute processes. Next, the Ismaili Muslim tradition of dispute resolution is held up as an example of a relatively new and international-based system that incorporates traditional religious practices into the resolution of disputes. Finally, the United Church Dispute Resolution Policy is explored.
    Link: trad_dr.pdf


    The Origins of Restorative Justice

    Author: May Leung
    Year and Publisher: 2000,
    Description: This paper provides an examination of the origins of the restorative justice movement as a reminder of its original goals and objectives.
    Link: restorative_justice.pdf


    Amicable Dispute Resolution: The Mediation Alternative and the Alberta Environmental Appeal Board

    Author: Ron Goltz
    Year and Publisher: 2000, working paper
    Description: A look at the use of ADR within the Alberta Environmental Appeal Board.
    Link: amicable_dr.pdf


    Using Alternative Dispute Resolution to Respond to Indian Residential School Abuse

    Author: Carla M. McGrath
    Year and Publisher: 2000, working paper
    Description: In the context of the Residential School abuses, this paper explores the nature of the dispute, the parties’ interests, and the primary mechanisms available to resolve the conflict, ultimately concluding that an ADR approach seems to have the greatest potential for meeting the parties’ needs and interests.
    Link: adr_residential_schools.pdf


    Mediation, Family Law Disputes and the Best Interests of Children

    Author: Lisa Walker-Sharp
    Year and Publisher: 2000, working paper
    Description: Exploring the benefits and concerns about the use of mediation or alternative dispute resolution (ADR) in private and public family law disputes.
    Link: mediation_best_interests.pdf


    Managing School Conflict: the Peer Mediation Approach

    Author: Jeff Silver & Karin Vermander
    Year and Publisher: 2000, working paper
    Description: This essay identifies and discusses the three generally recognized models of peer mediation found in our school system. The process of implementing a peer mediation model into our schools is then broadly considered and specific results identified. The paper also conveys the practical experiences associated with the operation of the Common Ground program at Central Catholic High School, located in Windsor, Ontario.
    Link: managing_school.pdf


    Mediation: The Great Equalizer? A Critical Theory Analysis

    Author: Reva Seth
    Year and Publisher: 2000, working paper
    Description: Critics are now suggesting that mediation may actually undermine the ability of minority and disadvantaged groups to obtain a fair and just hearing. As mediation is often aimed at serving groups whose members are particularly vulnerable to prejudice, these critics suggest that society proceed extremely cautiously when channeling disputes towards mediation. This paper will evaluate the validity of these criticisms and explore the merits of the measures suggested to address them.
    Link: mediation_equalizer.pdf


    Creating Energy or Frustration: The Use of Consensus Building by Governments to Attack Sustainability Issues

    Author: Tammy Praskach
    Year and Publisher: 2000, working paper
    Description: The purpose of this paper is to flesh out the necessary elements for a successful consensus process, and tp see if they are being incorporated into those consensus processes that are facilitated by the government.
    Link: creating energy.pdf


    A Return to ‘Traditional’ Dispute Resolution: An Examination of Religious Dispute Resolution Systems

    Author: Kellie Johnston, Gus Camelino & Roger Rizzo
    Year and Publisher: 2000, working paper
    Description: This paper proceeds on the following framework. The first section examines the Jewish system of alternate dispute processes. Next, the Ismaili Muslim tradition of dispute resolution is held up as an example of a relatively new and international-based system that incorporates traditional religious practices into the resolution of disputes. Finally, the United Church Dispute Resolution Policy is explored.
    Link: trad_dr.pdf


    Amicable Dispute Resolution: The Mediation Alternative and the Alberta Environmental Appeal Board

    Author: Ron Goltz
    Year and Publisher: 2000, working paper
    Description: A look at the use of ADR within the Alberta Environmental Appeal Board.
    Link: amicable_dr.pdf


    Using Alternative Dispute Resolution to Respond to Indian Residential School Abuse

    Author: Carla M. McGrath
    Year and Publisher: 2000, working paper
    Description: In the context of the Residential School abuses, this paper explores the nature of the dispute, the parties’ interests, and the primary mechanisms available to resolve the conflict, ultimately concluding that an ADR approach seems to have the greatest potential for meeting the parties’ needs and interests.
    Link: adr_residential_schools.pdf


    Mediation in Federal Income Tax Disputes

    Author: Chris Jaglowitz
    Year and Publisher: 1999, University of Windsor, Faculty of Law
    Description: The federal government and particularly the Department of Justice has announced the intention to more fully implement the use of such techniques as mediation and arbitration in the day to day conduct of its affairs. One area in which the use of mediation has been noticeably lacking is in the resolution of income tax disputes. This paper examines whether mediation could play a useful role in this area as well as why this method has historically been considered unsuitable for tax disputes.
    Link: mediation_tax.pdf


    Paradigms and Paradoxes: Mediation Advocacy and its Effect on Mediation, Mediators and Clients

    Author: Christa Bracci & Reesha Hosein
    Year and Publisher: 1999, working paper
    Description: This paper is an exploration of the effects on mediation, mediators, and clients when the participation of lawyers is institutionalized by the mandatory nature of the process.
    Link: paradigms_paradoxes.pdf


    Only For A Season: Mandatory Mediation As A Temporary Measure

    Author: Stephen F.A. Peltz
    Year and Publisher: 1999, working paper, Carleton University
    Description: This essay questions mandatory mediation, arguing in part that its integrity is only preserved if the participation is voluntary. It also outlines arguments in favour of mandatory mediation and weighs the pros and cons, ultimately concluding that it should not be set up as a permanent framework for mediation.
    Link: only_for_a_season.pdf


    Power in Mediation: An Analysis of the approach of St. Stephen’s Community House

    Author: Jon Ptak & Hari Viswanathan
    Year and Publisher: 1999, working paper
    Description: This paper posits that examining the approach of Conflict Resolution Service, St. Stephen’s Community House, and suggesting improvements with respect to a more effective management of bias and power can reveal practical implications which could further the goals of mediation. It is argued that though St. Stephen’s has adopted numerous techniques which are useful in addressing issues of implicit bias and power, there are areas in which improvements can be made.
    Link: power_in_mediation.pdf

  • Civil Justice System

    The civil justice system within this context refers to the legal system as a whole that processes non-criminal legal matters. The papers within this section look at the assumptions that have been made and questions that can be asked about the operation of the system as a whole. Papers may look at any issues that can be characterized as important to the overall success or framework of civil justice.

    A Single Trial Court for Alberta: Consultation Paper

    Author: Alberta. Department of Justice and Attorney General
    Year and Publisher: 2003, Alberta Justice
    Description: The purpose of this paper is to encourage consideration of whether trial court unification is a viable option in Alberta. It comes after the government sought public opinion on how to improve the justice system, and found simplification of the system to be one message.
    Link: single_trial_court_consult.pdf


    A Single Trial Court as a Focus and a Catalyst for Change

    Author: Cambridge Strategies Inc.
    Year and Publisher: 2003, Alberta Justice
    Description: This document looks at the suggestion that the Government of Alberta introduce a single trial court.
    Link: single_trial_court_catalyst.pdf


    Alberta’s Justice System and You

    Author: Alberta. Department of Justice and Attorney General
    Year and Publisher: 2003, Alberta Justice
    Description: This brochure gives the facts about the justice system, the major participants and the important roles that each plays. It is also intended to help one better understand the responsibilities of the provincial departments of Alberta Justice and Alberta Solicitor General.
    Link: ab_justice_system.pdf


    The Canadian Forum on Civil Justice: Project Evaluation: Final Report

    Author: Rejeanne Lalonde & Beals, Lalonde & Associates
    Year and Publisher: 2002, Department of Justice, Ottawa, Ontario
    Description: This report describes the Canadian Forum on Civil Justice and its activities. The report presents answers to the evaluation questions posed by the Canadian Department of Justice.
    Link: cfcj_project_eval.pdf


    Canadians Support Power of Judges: Poll Shows most believe Courts should Interpret Laws of the Land

    Author: Janice Tibbetts
    Year and Publisher: 1999, Ottawa Citizen
    Description: News article reporting that while Canadians support the power of judges generally, when it comes to certain controversial issues Canadian’s are split on whether judges should have the final say.
    Link: power_of_judges.pdf


    Preliminary Report of the Working Group on the Systems of Civil Justice [Quebec]

    Author: Working Group on the Systems of Civil Justice [Quebec]
    Year and Publisher: 1998, Canadian Bar Association, Ville de Québec, Québec
    Description: This report offers a summary of the problematic aspects of civil justice in Quebec.
    Link: systems_of_civil_justice.pdf

  • Context Specific Alternative Dispute Resolution

    There are a variety of alternatives to the successful resolution of disputes other than trial such as mediation or arbitration. This collection of papers looks at the use of Alternative Dispute mechanisms within particular contexts or subject areas.

    ADR for Internet Start-ups

    Author: Andrew Cockwell & Steve Morris
    Year and Publisher: 2000, Department of Justice Canada, Dispute Resolution Award in Law Studies
    Description: This paper posits that the litigation process’ failings are particularly acute to the sensitivities of Internet start-ups and consequently in order to address the arising concerns an alternative dispute resolution mechanism should be considered.
    Link: adr_startups.pdf


    International Commercial Arbitration/Mediation at CIETAC (China International Economic and Trade Arbitration Commission)

    Author: Tanya Kozak
    Year and Publisher: 1999, working paper
    Description: This paper posits that while the China International Economic and Trade Arbitration Commission’s blending of arbitration and mediation raises a number of important issues, commentary on CIETAC’s preference to blend arbitration and mediation has been quintessentially theoretical and disregards the practical reality of the process. This article will assert that a number of criticisms directed at blending are of negligible force when examined in light of CIETAC’s dispute resolution process in practice.
    Link: international_commercial_arb.pdf


    Mediation of Domain Name Disputes: A Flexible Tool for an Elusive Medium

    Author: Alexander D.C. Kask
    Year and Publisher: 1999, working paper
    Description: This paper looks at the application of intellectual property law to Internet related cases and posits that ADR may be applies to provide a preferable outcome for all parties involved.
    Link: mediation_domain_names.pdf


    New Directions: Divorce and Administrative Law

    Author: Kathy Carmichael
    Year and Publisher: 1999, working paper
    Description: The argument put forth in this paper is that in order to offer the best service to divorcing couples, the government should create a comprehensive administrative system that can provide services to meet every family member’s needs. It is posited that an administrative agency would offers the best structure for handling divorce in a non-adversarial manner as it has the flexibility to provide a wide range of functions and could allow divorcees to choose the services that will work best for them and their family.
    Link: new_directions.pdf


    Godi v. Toronto Transit Commission: A Case for Court-Mandated Mediation?

    ​Author: Naomi Furmston
    Year and Publisher: 1999, working paper
    Description: This paper provides an exploration of Godi v TTC through a detailed analysis of the case, including an examination of the roles played by each of the parties, namely; the judiciary, counsel for the accident victims and their families, and counsel for the defendants – the TTC. The case represented one of the first mass tort claims to be heard in Ontario and it occurred almost entirely via ADR.
    Link: godi_v_toronto.pdf


    Restorative Justice and the Incorporation of Dispute Resolution into the Criminal Justice System: Playing Devil’s Advocate

    Author: Andrew Montgomery
    Year and Publisher: 1999, working paper
    Description: This paper looks at the use of ADR in restorative justice and asks what major pitfalls or risks are associated with the magnitude of change being considered.
    Link: restorative_justice.pdf


    Beyond Punishment: Moving towards the Application of Conciliatory Justice in the Canadian Context

    Author: Krista Friesen
    Year and Publisher: 1999, working paper
    Description: This paper argues that ADR should be incorporated into the criminal justice system, stating that “restorative justice is best implemented through an alternative stream of justice that involves mediation between the offender, the victim, and others that are affected by the criminal offence.”
    Link: beyond_punishment.pdf


    Human Rights Dispute Resolution: Protecting the “Public Interest”

    Author: Tara Parker
    Year and Publisher: 1999, working paper
    Description: This paper argues that that the assumption that the public interest would be better protected through an adjudicative process or the tribunal process is open to question.
    Link: rights_dr.pdf


    Dispute Resolution in Environmental Conflicts: Panacea or Placebo?

    Author: Jennifer Girard
    Year and Publisher: 1999, working paper
    Description: This paper posits that “dispute resolution techniques are a very good fit with environmental conflicts and with some minor modifications, many of the criticisms of dispute resolution can be dealt with inside of the process.”
    Link: dr_environmental.pdf

  • Cost of Justice

    Equal access to a civil and family justice system that can uphold rights and fairly and effectively resolve disputes is a fundamental and far-reaching component of democratic societies. It influences our lives every day via contracts and credit situations, the ownership and distribution of property, family relationships and their breakdown, personal injury, benefit entitlements, human rights, and various corporate arrangements. Although there is a dearth of empirical research about this system in Canada and internationally, little is known about how well the civil justice system works: what it costs, who it serves, whether it is meeting the needs of users, or the ‘price’ of failing to do so, including but not limited to economic quantifications.

    Links to related resources are listed below.

    Legal aid in Canada: Resource and Caseload Statistics 2008/2009 = L’aide Juridique au Canada; Statistiques sur les Ressources et le Nombre de cas 2008/2009

    Author: Statistics Canada
    Year and Publisher: 2010, Statistics Canada
    Description: Summarizes findings of Statistics Canada’s annual Legal Aid Survey measuring expenditures in jurisdictions across Canada.
    Link: http://www.statcan.gc.ca/bsolc/olc-cel/olc-cel?catno=85F0015X&lang=eng
    http://www.statcan.gc.ca/bsolc/olc-cel/olc-cel?catno=85F0015X&lang=fra


    AG de Jong Eliminates CSO Search Fees: A Victory for Access to Justice

    Author: Dom Bautista
    Year and Publisher: 2010, Briefly!
    Description: Reports on the elimination of Court Services Online fees for registry searches.
    Link: http://www.canadianparalegalinstitute.com/Resources/Documents/Briefly%20JulyAugust%202010.pdf


    What does it Cost to Access Justice in Canada? How Much is “Too Much”? And How do we Know? Literature Review

    Author: Kim Taylor & Ksenia Svechnikova
    Year and Publisher: 2010, Canadian Forum on Civil Justice
    Description: Literature review identifying publications related to the cost of justice, focusing on empirical studies.
    Link: cost-litreview-en.pdf


    Civil Litigation Costs Review – Final Report [Jackson Report]

    Author: Rupert Jackson
    Year and Publisher: 2010, Judiciary of England and Wales
    Description: Final report of Lord Justice Jackson’s review of and recommendations for the rules and principles governing the costs of civil litigation.
    Link: http://www.judiciary.gov.uk/about_judiciary/cost-review/reports.htm


    E-trials Save Money and Time, say Proponents

    Author: Luigi Benetton
    Year and Publisher: 2010, The Lawyers Weekly
    Description: Describes increased efficiencies and reduced costs from using electronic documents during trial.
    Link: http://www.lawyersweekly.ca/index.php?section=article&articleid=1143


    Inventory of Reforms research: Research and support for the Action Committee on Access to Justice in Civil and Family Matters – Final report to the Canadian Bar Law for the Future Fund

    Author: Alexandra Gousseva & Bradey Albrecht
    Year and Publisher: 2009, Canadian Forum on Civil Justice
    Description: Research on civil justice reform initiatives intended to reduce the cost of justice.
    Link: inventory-lfff-en.pdf


    Access to justice: Report on Selected Reform Initiatives In Canada = L’accès à la justice : Rapport sur Certaines Initiatives de Réforme au Canada

    Author: Canadian Judicial Council. Administration of Justice Committee. Sub-committee on Access to Justice (Trial Courts)
    Year and Publisher: 2008, Canadian Judicial Council
    Description: Summary of research done by the Canadian Forum on Civil Justice into reform initiatives across Canada.
    Link: http://www.cjc-ccm.gc.ca/cmslib/general/2008_SelectedReformInitiatives_Report_final_EN.pdf
    http://www.cjc-ccm.gc.ca/cmslib/general/2008_CertainesInitiativesReforme_Rapport_final_FR.pdf


    Social, Economic and Health Problems Associated with a Lack of Access to the Courts

    Author: Mary Stratton & Travis Anderson
    Year and Publisher: 2008, Canadian Forum on Civil Justice
    Description: This report is concerned with understanding social costs and consequences that arise from unresolved legal problems and from attempting to resolve such problems through the courts.
    Link: cjsp-socialproblems-en.pdf


    When Lawyers are only for the Rich

    Author: Kate Lunau
    Year and Publisher: 2009, Maclean’s
    Description: Discusses current struggles citizens are experiencing with the Canadian legal system
    Link: http://www.pblo.org/library/attachment.139376


    A Nightmare in Family Court = L’Impasse du Droit de la Famille

    Author: Bev Cline
    Year and Publisher: 2008, National
    Description: “Self-represented litigants are bringing family court proceedings to the verge of breakdown. Lawyers and legal aid providers are taking steps to help out, but the real problems, and solutions, may be much more challenging.”
    Link: http://cbanational.rogers.dgtlpub.com/2008/2008-06-30/pdf/a_nightmare_in_family_court.pdf

  • Court Structure, Administration and Reform

    This collection of papers look at a range of topics surrounding the general structures and administrative procedures by which Canadian courts operate, including some discussions of potential improvements or recent reforms.

    Government Response to the Report and Recommendations of the Unified Family Court Task Force

    Author: Alberta. Department of Justice and Attorney General
    Year and Publisher: 2002, Alberta Justice
    Description: This document includes the recommendations to the government by the Unified Family Court Task Force as well as the government`s responses to these recommendations.
    Link: gov_ufc.pdf


    Federal Court Jurisdiction

    Author: John D. Richard
    Year and Publisher: 2001, presentation to the Administrative Law Subsection, Canadian Bar Association British Columbia
    Description: A discussion of the Federal Court of Canada which explains among other things its jurisdiction and powers. The paper posits that there is an indispensable role for the Federal Court in Canada.
    Link: fc_juris.pdf


    Uniform Mediation Act: Discussion Paper

    Author: M. Jerry McHale
    Year and Publisher: 2000, paper presented at the Uniform Law Conference of Canada, Victoria B.C., August 2000
    Description: The discussion within this paper states that from one point of view, it could be argued that uniform mediation legislation is premature in Canada at this point in time. On the other hand, it is written, perhaps some of the problems experienced in the U.S. could be avoided altogether if a uniform Canadian model for mediation legislation were developed now.
    Link: uniform_mediation.pdf


    Preliminary Report of the Working Group on the Systems of Civil Justice [Quebec]

    Author: Working Group on the Systems of Civil Justice [Quebec]
    Year and Publisher: 1998, Canadian Bar Association, Ville de Québec, Québec
    Description: This report offers a summary of the problematic aspects of civil justice in Quebec.
    Link: systems_of_civil_justice.pdf


    Report of Will-Say Statements Working Group

    Author: E. David D. Tavender et al.
    Year and Publisher: 1998, Submission by Task Force subcommittee on Recommendation 15.
    Description: This paper looks at whether it is useful and fair to require will-say documents in civil cases to compel early disclosure of anticipated evidence and assesses the impact of such a requirement on delay, costs and discovery (as per Recommendation No. 15).
    Link: will-say.pdf


    Draft of Individual Calendar Rules: Rule 38A

    Author: John C. Bouck et al.
    Year and Publisher: 1995, prepared for discussion purposes by the Rules Committee of the Individual Calendar Design Project Team
    Description: This document is a Draft of the Individual Calendar Rules for Rule 38A.
    Link: individual_calendar_rules.pdf


    Courts on Trial in Pursuit of Quality and Excellence

    Author: John C. Bouck
    Year and Publisher: 1992, a paper delivered to the civil justice subsection of the Canadian Bar Association on 19 March, 1992
    Description: The theme of this paper is: courts should change with the times. This paper includes among other things three suggested reforms to the Canadian Justice System in B.C., including the elimination of Third Reading Chambers (contested applications), the dispensing of the requirement of reasons for judgement in personal injury actions, and the need for a patterned jury instruction.
    Link: courts_on_trial.pdf


    Pilot Project: Dispensing with Written Reasons for Judgement in Personal Injury Actions

    Author: John C. Bouck
    Year and Publisher: 1992, working paper
    Description: This paper is a proposal to institute a 24-month pilot project designed to assess the necessity of delivering comprehensive reasons for judgments in personal injury actions.
    Link: dispensing_written.pdf

  • Delay

    The Supreme Court of Canada has noted delays in the justice system as one of the challenges Canada currently faces. “Here… the problem afflicts both criminal and civil cases… On the civil side, different but similar problems arise. Whether the litigation has to do with a business dispute or a family matter, people need prompt resolution so they can get on with their lives. Often, they cannot wait for years for an answer. When delay becomes too great, the courts are no longer an option. People look for other alternatives. Or they simply give up on justice.” For More: http://www.scc-csc.gc.ca/court-cour/ju/spe-dis/bm07-03-08-eng.asp

    Links to related resources are listed below.

    Court Delays a Priority: Chief Justice / Canada’s Top Judges Meet in Iqaluit

    Author: CBC News
    Year and Publisher: 2009, CBC.ca
    Description: Reports on remarks by Chief Justice McLachin to a Canadian Judicial Council meeting in Iqaluit regarding reducing delay.
    Link: http://www.cbc.ca/canada/north/story/2009/09/15/nunavut-judicial-council.html


    Ontario may not meet Target on Court Delays

    Author: The Canadian Press
    Year and Publisher: 2012, CBC.ca
    Description: Ontario’s governing Liberals have their doubts about whether they’ll be able to meet their own lofty target to cut down on court appearances that delay criminal cases.
    Link: http://www.cbc.ca/news/canada/toronto/story/2012/01/22/toronto-ontario-court-delay-target.html


    Discovery Best Practices: General Guidelines for the Discovery Process in Ontario

    Author: Ontario Bar Association
    Year and Publisher: 2005, Ontario Bar Association
    Description: Manual providing “a source of practical suggestions and tips to the profession that will help reduce unnecessary cost and delay in the discovery process.”
    Link: http://oba.org/en/pdf_newsletter/DTFGeneralDiscoverybest.pdf


    Preliminary Report Regarding Rule 66 Trials

    Author: Grant D. Burnyeat
    Year and Publisher: 2000, Litigation Management Committee
    Description: Assessment of the operation of fast track litigation via Rule 66.
    Link: rule_66.pdf
    See also: http://www.justiceeducation.ca/themes/framework/documents/bcschic_fast.pdf


    Report of Will-Say Statements Working Group

    Author: E. David D. Tavender et al.
    Year and Publisher: 1998, Canadian Bar Association
    Description: The Civil Justice Implementation Committee accepts the Will-Say Working Group’s recommendation that one or more pilot projects be established at suitable locations in order to obtain reliable data as to whether the use of pre-discovery witness’ summaries will assist in reducing discovery cost and delay and help parties to achieve earlier, effective settlements.
    Link: will-say.pdf

  • Judicial Dispute Resolution

    Judicial Dispute Resolution, or ‘JDR’, is a voluntary and confidential dispute resolution process. The process usually takes place within a courthouse conference room or occasionally within the judge’s office. While the process can vary from courthouse to courthouse and can depend on the preferences of the parties or the judge, the parties involved will generally submit briefs in advance to the judge containing the facts and legal arguments surrounding the case. After oral submissions by the parties, the judge will often give a non-binding opinion on the case which is intended to help facilitate a settlement. In Calgary; however, most of the judges do not give a formal opinion but rather attempt to work with the parties to reach a settlement. If the parties cannot reach a settlement, and if the case goes to trial, a different judge will preside over the trial.

    Links to related resources are listed below.

    The Multi-Door Courthouse is Open in Alberta: Judicial Dispute Resolution is institutionalized in the Court of the Queen’s Bench

    Author: The Honourable John Daniel Rooke (Associate Chief Justice of the Court of Queen’s Bench of Alberta)
    Year and Publisher: 2010, University of Alberta, Faculty of Law
    Description: Based upon empirical research data, the author’s judicial experience, and legal literature research, it is asserted that the Court’s JDR Program has become an integral, normative, and institutional part of the resolution of disputes litigated in the Court.
    Link: multidoor_courthouse.pdf


    Improving Excellence: Evaluation of the Judicial Dispute Resolution Program in the Court of Queen’s Bench of Alberta (Evaluation Report)

    Author: The Honourable John Daniel Rooke (Associate Chief Justice of the Court of Queen’s Bench of Alberta)
    Year and Publisher: 2009, Court of Queen’s Bench of Alberta
    Description: This Evaluation Report assesses the Judicial Dispute Resolution (JDR) Program in the Court of Queen’s Bench of Alberta, based on empirical Survey Questionnaire (Survey) data supplied by lawyers and clients who participated in 606 JDRs for the year ending June, 2008.
    Link: improving_excellence.pdf


    A Handbook on Judicial Dispute Resolution for Canadian Lawyers

    Author: The Honourable John A. Agrios (Justice of the Court of Queen’s Bench of Alberta), additional commentary by Janice A. Agrios
    Year and Publisher: 2004, The Canadian Bar Association: Alberta Branch
    Description: This handbook is intended as a resource for lawyers who practice in the field of judicial dispute resolution. It includes many of the procedures and ideas that Alberta Queen’s Bench judges have learned from experience, both good and bad. It also raises some of the ongoing problems within JDR.
    Link: jdr_handbook.pdf

  • Litigation Process and Management

    The papers within this section look at the procedures throughout the litigation process as well as some of the management that occurs throughout the process.

    Preliminary Report Regarding Rule 66 Trials

    Author: Grant D. Burnyeat
    Year and Publisher: 2000, memorandum presented to the Litigation Management Committee
    Description: This memorandum is a preliminary evaluation of the trials that have been set pursuant to Rule 66, from September 1, 1998 to September 1, 2000. Rule 66 attempts to speed up the litigation process and while many of the steps in the litigation process remain the same they have been condensed and shortened.
    Link: rule_66.pdf


    Caseflow Management Procedure Manual for Litigants

    Author: Nova Scotia Supreme Court Bench Rules Committee & Caseflow Management Committee
    Year and Publisher: 1998, Supreme Court of Nova Scotia (Halifax)
    Description: This document is a manual for litigants explaining the procedures involved in caseflow management.
    Link: caseflow_manual.pdf


    Interim Survey Results and Changes to CFM [Caseflow Management]

    Author: Nova Scotia Court Administration Office
    Year and Publisher: 1998, Court Administration Office, Halifax, Nova Scotia
    Description: This document is a response to questions about the implemented caseflow management, and includes changes to be implemented.
    Link: cmpp_1998.pdf


    Caseflow Management Pilot Project Update (as of October 6, 1997)

    Author: Nova Scotia Court Administration Office
    Year and Publisher: 1997, Court Administration Office, Halifax, Nova Scotia
    Description: Since the implementation of the caseflow management project (controlling the movement of cases through the court process) on January 2, 1996, questions were received. This document outlines the answers to those questions.
    Link: cmpp_1997_oct.pdf


    Caseflow Management Pilot Project Update (as of December 2, 1997)

    Author: Nova Scotia Court Administration Office
    Year and Publisher: 1997, Court Administration Office, Halifax, Nova Scotia
    Description: Since the implementation of the caseflow management project (controlling the movement of cases through the court process) on January 2, 1996, questions were received. This document outlines the answers to those questions.
    Link: cmpp_1997_dec.pdf


    Overview Paper: Individual Calendar System of Case Management: a pilot project

    Author: John C. Bouck
    Year and Publisher: 1995, working paper
    Description: At the annual meeting of the judges in May of 1994, Chief Justice Esson (Supreme Court of British Columbia) and the judges of the court approved the design of an Individual Calendar System of Case Management (the ICS) Pilot Project. This paper attempts to describe how the ICS Pilot Project will function if it is put into operation.
    Link: individual_calendar_system.pdf

  • Miscellaneous

    Explore a range of resources on varying legal topics.

    Judicial Independence and the Financial Support of the Court

    Author: The Honourable Derek Green (Chief Justice of the Supreme Court of Newfoundland and Labrador, Trial Division)
    Year and Publisher: 2004, Notes from an address delivered to the Newfoundland Branch of the Canadian Bar Association on Thursday, January 29, 2004.
    Description: Argues herein that “the manner in which the court is funded and administered does impact on judicial independence and what we – judges, lawyers, and justice officials who are major stakeholders in the court system… ought to be concerned about this.”
    Link: judicial_independence.pdf


    Stakeholder Input on the Single Trial Court Initiative: Interim Report to Alberta Justice: Phase One

    Author: Cambridge Strategies Inc.
    Year and Publisher: 2003, Cambridge Strategies Inc., via Alberta Justice
    Description: “Cambridge Strategies Inc. was retained by Alberta Justice to hold stakeholder engagement consultations throughout Alberta based on the justice system reforms and relating to the Single Trial Court initiative.” The paper concludes that “people cannot decide whether developing a single trial court with specialized areas, or increasing alternative measures, will reduce the barriers to justice until they have more information as to how the reforms will work, and what possible outcomes they will achieve.”
    Link: single_trial_court_interim.pdf18576-single_trial_court_interim.pdf


    Contemplating Aboriginal Reality in the Current Justice System: An Introduction

    Author: Sonya Guiboche
    Year and Publisher: 2000, working paper
    Description: In the context of Aboriginal differential treatment issues, this paper seeks to demonstrate that every aspect of conflict resolution is influenced by culture including the foundations of the conflict, the identity of the parties, identification and articulation of the issues, who should intervene, what processes will be used, and what results are desirable.
    Link: aboriginal_reality.pdf


    Restorative Justice in Urban Aboriginal Communities

    Author: Irene Plett
    Year: 2000, working paper
    Description: This paper considers the practice of restorative justice as it relates to aboriginal offenders in urban communities, where there has been the greatest resistance to implementing change.
    Link: restorative_justice.pdf


    “Let’s play Twister, let’s play Risk, yeah, yeah yeah”: An Analysis of Discovery Abuse in Civil Litigation

    Author: Philip Osborne & Dan Weinstock
    Year and Publisher: 2001, working paper
    Description: This paper looks at whether abuses within the discovery process must be accepted as an inevitable by-product of their position within an adversarial system or whether there are solutions to such abuse.
    Link: twister.pdf


    The Constitutional Obligation to Mediate: An Appeal for Justice for the Innu of Labrador

    Author: Daniel Sipes
    Year and Publisher: 2001, working paper, Queens University, Faculty of Law
    Description: In this paper, the author argues that Canadian government’s duty of consultation requires public governments to engage in mediated self-government negotiations with aboriginal peoples as a matter of state policy and fundamental justice in order to reconcile the past infringement of aboriginal rights.
    Link: obligation_mediate.pdf


    ICANN, You can, We all can: But is the UDRP Fair?

    Author: Jaqueline Horvat
    Year: 2001, working paper
    Description: In an era of growing trademark disputes due in large part to the explosion of the Internet, this paper looks at the “Uniform Dispute Resolution Policy” developed by the “Internet Corporation for Assigned Names and Numbers” to aid trademark owners in regaining domain names from cyber squatters, and asks ultimately whether or not the processes are fair for all participants.
    Link: icann.pdf


    Canadian Bar Association / Fraser Institute Corporate Counsel Survey

    Author: Canadian Bar Association & Fraser Institute
    Year and Publisher: 1995, Canadian Bar Association & Fraser Institute
    Description: The results of the survey distributed to members of the Canadian Corporate Counsel Association. The Purpose of the survey is to obtain the views of corporate counsel regarding cost and delay factors in the resolution of civil justice disputes. It also seeks to understand the main causes of cost and delay.
    Link: corporate_counsel_survey.pdf


    Report on Family Law Research in Nunavut

    Author: Kelly Gallagher-Mackay
    Year and Publisher: 2003, Justice Canada
    Description: Some of the mentioned purposes of this research paper include: developing data on family law matters such as adoption, divorces, separation and use of services, as well as gathering evidence concerning how families in Nunavut, particularly the majority Inuit population, manage and deal with family law matters at the community level.
    Link: family_law_nu.pdf

  • Pro Bono Services

    Pro bono publico is a Latin term meaning “for the public good.” For lawyers today, pro bono means to voluntarily contribute part of their time without charge or at substantially reduced rates, to establish or preserve the rights of disadvantaged individuals. Such pro bono work may also consist of providing legal services to assist organizations who represent the interests of, or who work on behalf of, members of the community of limited means or other public interest organizations, or for the improvement of laws or the legal system. Pro bono is to be distinguished from legal aid provided via government institutions and funds.

    Links to related resources are listed below.

    Pro Bono Québec, le Rapport Annuel 2011 – 2012 (French Only)

    Author: Pro Bono Québec
    Year and Publisher: 2012, Pro Bono Québec
    Description: Annual report for Pro Bono Québec, a service matching lawyers providing pro bono representation with litigants unable to afford a lawyer.
    Link: http://www.probonoquebec.ca/documents/file/rapport-annuel-etats-financiers-2011-2012.pdf


    Legal Services for the Poor: Access, Self-interest, and Pro Bono

    Author: Stephen Daniels & Joanne Martin
    Year and Publisher: 2009, Emerald Group Publishing
    Description: Study investigating implications of increased provision of legal services through pro bono work rather than government funding.
    Link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1357680


    Integrating Pro Bono and Legal Aid

    Author: Jamie Maclaren
    Year and Publisher: 2009, The Lawyers Weekly
    Description: Proposes that rising pro bono initiatives should be more closely integrated with government-provided legal aid programs.
    Link: http://www.lawyersweekly.ca/index.php?section=article&articleid=1030


    Access Pro Bono

    Author: Access Pro Bono Society of BC
    Year and Publisher: 2010, Access Pro Bono Society of BC
    Description: Web site of Access Pro Bono, an organization with the mission of promoting access to justice by providing pro bono services. Access Pro Bono was formed from a merger of the Western Canada Society to Access Justice and Pro Bono Law of British Columbia.
    Link: http://www.accessprobono.ca/


    “Provincial Pro Bono Initiatives get a Helping Hand from Firms”

    Author: Valerie Mutton
    Year and Publisher: 2007, The Lawyers Weekly
    Description: Taking a look at lawyer’s who get involved in bro bono work.
    Link: http://www.lawyersweekly.ca/index.php?section=article&articleid=596


    Partner Profile: Pro Bono Law Ontario

    Author: Probono.net
    Year and Publisher: 2010, Probono.net News
    Description: A profile of Pro Bono Law Ontario’s Self-help Centre
    Link: http://www.news.probono.net/e_article001645737.cfm?x=bgvHgyt,b2dvWSh4

  • Public Legal Education and Information (PLEI)

    Public Legal Education and Information (PLEI) is defined as “an activity that seeks in a systematic way to provide people with the opportunity to obtain information about the law and the justice system in a form that is timely and appropriate to their needs, but does not include advocacy or representation on behalf of individuals, nor the provision of legal advice” (Department of Justice Access to Justice Agreement 2007-2009).

    Links to related resources are listed below.

    LawMatters at Your Local Public Library; A History of BC’s Program for Public Legal Information and Education in Public Libraries

    Author: Janet Freeman, Nancy Hannum
    Year and Publisher: 2015, Canadian Forum on Civil Justice
    Description: An article that charts the growing role of public libraries and public librarians as partners in access to legal information in British Columbia
    Link: http://www.cfcj-fcjc.org/sites/default/files//A%20History%20of%20LawMatters%20at%20your%20local%20public%20library.pdf


    Public Legal Education and Information (PLEI)

    Author: Department of Justice
    Year and Publisher: 2011, PLEI Coordination and Resource Unit, Programs Branch, Department of Justice
    Description: Explanation of PLEI and the ‘why’, ‘how’, ‘what’ and ‘who’ behind the government programs.
    Link: http://www.justice.gc.ca/eng/pi/pb-dgp/prog/plei-pvij.html


    Interim Report on Law Help Ontario

    Author: Toby Young et al.
    Year and Publisher: 2008, Pro Bono Law Ontario
    Description: “In December 2007, Pro Bono Law Ontario (PBLO) launched Law Help Ontario (LHO), a two year pilot project at 393 University Avenue funded by The Law Foundation of Ontario, with a mandate to improve access to justice for low-income, unrepresented Ontarians with civil matters before the Superior Court of Justice who face barriers relating to the procedural and substantive aspects of their cases.”
    Link: http://www.pblo.org/library/attachment.130707


    Target: Fair and Reasonable Public Access to All Legal Information – Improving Access to Justice = Objectif: Accès équitable et Raisonnable du Public à toute l’Information Juridique – Amélioration de l’Accès à la Justice

    Author: Kathryn Arbuckle
    Year and Publisher: 2005, News & Views on Civil Justice Reform; Idées et actualités sur la réforme de la justice civile
    Description: “…our experience over the past year indicates a content gap in the range of legal information generally available to the public and that available in proprietary resources widely used by the legal community. This can result in a limiting of access to justice for self-represented litigants and unrepresented accused.”
    Link: newsviews08-en.pdf
    newsviews08-fr.pdf


    McGuinty Government Launches “Justice Ontario” Website and Hotline

    Author: Ontario Ministry of the Attorney General
    Year and Publisher: 2008, Ontario Ministry of the Attorney General
    Description: “A new one-stop entry point will help Ontarians find answers about their justice system.”
    Link: http://www.attorneygeneral.jus.gov.on.ca/english/news/2008/20080827-jo-nr.asp


    The Internet has become Indispensible to the Legal World

    Author: Ian Mulgrew
    Year and Publisher: 2008, Vancouver Sun
    Description: “The Internet should be the first stop for anyone interested in launching a lawsuit, learning about the law, keeping abreast of a particular case or following legal debates.”
    Link: http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=78d4ab4e-329f-4fc9-a420-9f39fd9628be


    Evaluation of Public Legal Education and Information: An Annotated Bibliography

    Author: Lindsay Cader
    Year and Publisher: 2002, Department of Justice Canada, Research and Statistics Division
    Description: This annotated bibliography digests academic literature, government documents and program reports regarding the evaluation of public legal education and information (PLEI). In collecting materials for review, emphasis was placed on the Canadian PLEI context and materials that have been produced over the last five years.
    Link: plei_evaluation.pdf

  • Self-Represented Litigants

    With the number of self-represented litigants increasing, especially within domestic relation cases, some courts are responding by improving access to justice and making courts more user-friendly by simplifying court forms, providing one-on-one assistance, developing guides, handbooks, and instructions on how to proceed pro se. While this has empowered people to solve their own problems and improve the public’s trust and confidence in the courts, it has also presented challenges for access to justice.

    Links to related resources are listed below.

    Self-help Programs & Resources

    Author: Justice Education Society
    Year and Publisher: 2010, Justice Education Society
    Description: This site includes documents written to assist self represented litigants negotiate the court system.
    Link: http://www.justiceeducation.ca/resources/self-help-resources


    A Study of Self Represented Litigants in the Supreme Court of Prince Edward Island

    Author: Ann Sherman
    Year and Publisher: 2008, CLIA PEI
    Description: The project was designed to find out what types of services might realistically be developed and supported to assist self-represented litigants (SRLs) in the Supreme Court of Prince Edward Island.
    Link: http://www.cliapei.ca/sitefiles/File/Project%20Files/SRL%20Report.pdf


    Alberta Self-Represented Litigants Mapping Project: Final Report

    Author: Mary Stratton
    Year and Publisher: 2007, Canadian Forum on Civil Justice
    Description: Report from research project designed to document the range of government and non-government services and supports currently available to self-represented litigants in Alberta.
    Link: mapping-en.pdf


    “Cross Country Snapshots – Family Courts in Transition = Aperçu Transcanadien – Le Tribunal de la Famille en Transition”

    Author: Canadian Forum on Civil Justice
    Year and Publisher: 2007, News & Views on Civil Justice Reform = Idées et actualités sur la réforme de la justice civile
    Description: “As the Civil Justice System & the Public researchers travelled across Canada between April 2002 and May 2004, team members often observed family court. Family Court – Coast to Coast is an edited, composite narrative created from these observations.”
    Link: newsviews10-en.pdf
    newsviews10-fr.pdf


    Early Self-help for Litigants without Lawyers; Initiatives Personnelles Précoces pour Plaideurs sans Avocat

    Author: M. Jerry McHale
    Year and Publisher: 2006, Into the Future: The Agenda for Civil Justice Reform / Vers le futur: ordre du jour de la réforme de la justice civile
    Description: About the provision of information, advice and referral services to self-represented litigants.
    Link: mchale-en.pdf
    mchale-fr.pdf


    Responding to the Needs of Unrepresented Litigants: A call to Action; Répondre aux Besoins des Parties non Représentées: Appel à l’Action

    Author: Jeffrey S. Leon
    Year and Publisher: 2006, Into the Future: The Agenda for Civil Justice Reform / Vers le futur: ordre du jour de la réforme de la justice civile
    Description: Overview of the causes and incidence of unrepresented litigations, and suggested responses needed.
    Link: leon-en.pdf
    leon-fr.pdf

  • Technology

    With the number of self-represented litigants increasing, especially within domestic relation cases, some courts are responding by improving access to justice and making courts more user-friendly by simplifying court forms, providing one-on-one assistance, developing guides, handbooks, and instructions on how to proceed pro se. While this has empowered people to solve their own problems and improve the public’s trust and confidence in the courts, it has also presented challenges for access to justice.

    Links to related resources are listed below.

    Self-help Programs & Resources

    Author: Justice Education Society
    Year and Publisher: 2010, Justice Education Society
    Description: This site includes documents written to assist self represented litigants negotiate the court system.
    Link: http://www.justiceeducation.ca/resources/self-help-resources


    A Study of Self Represented Litigants in the Supreme Court of Prince Edward Island

    Author: Ann Sherman
    Year and Publisher: 2008, CLIA PEI
    Description: The project was designed to find out what types of services might realistically be developed and supported to assist self-represented litigants (SRLs) in the Supreme Court of Prince Edward Island.
    Link: http://www.cliapei.ca/sitefiles/File/Project%20Files/SRL%20Report.pdf


    Alberta Self-Represented Litigants Mapping Project: Final Report

    Author: Mary Stratton
    Year and Publisher: 2007, Canadian Forum on Civil Justice
    Description: Report from research project designed to document the range of government and non-government services and supports currently available to self-represented litigants in Alberta.
    Link: mapping-en.pdf


    “Cross Country Snapshots – Family Courts in Transition = Aperçu Transcanadien – Le Tribunal de la Famille en Transition”

    Author: Canadian Forum on Civil Justice
    Year and Publisher: 2007, News & Views on Civil Justice Reform = Idées et actualités sur la réforme de la justice civile
    Description: “As the Civil Justice System & the Public researchers travelled across Canada between April 2002 and May 2004, team members often observed family court. Family Court – Coast to Coast is an edited, composite narrative created from these observations.”
    Link: newsviews10-en.pdf
    newsviews10-fr.pdf


    Early Self-help for Litigants without Lawyers; Initiatives Personnelles Précoces pour Plaideurs sans Avocat

    Author: M. Jerry McHale
    Year and Publisher: 2006, Into the Future: The Agenda for Civil Justice Reform / Vers le futur: ordre du jour de la réforme de la justice civile
    Description: About the provision of information, advice and referral services to self-represented litigants.
    Link: mchale-en.pdf
    mchale-fr.pdf


    Responding to the Needs of Unrepresented Litigants: A call to Action; Répondre aux Besoins des Parties non Représentées: Appel à l’Action

    Author: Jeffrey S. Leon
    Year and Publisher: 2006, Into the Future: The Agenda for Civil Justice Reform / Vers le futur: ordre du jour de la réforme de la justice civile
    Description: Overview of the causes and incidence of unrepresented litigations, and suggested responses needed.
    Link: leon-en.pdf
    leon-fr.pdf