Access to Justice through the Tribunal System

Tribunals operating at the federal and provincial/territorial levels in Canada are an oft-accessed forum for dispute resolution. Canadians are far more likely to have their legal disputes resolved in the adjudicative tribunal system than in the court system. Adjudicative tribunals with jurisdiction over matters ranging from housing and tenancy disputes to employment law matters, social benefits disputes and other types of legal matters are an important part of the conversation on access to civil justice. These dispute resolution forums, however, are not without their challenges. As present-day understandings of people-centred justice continue to inspire change in the justice system, it remains unclear how effectively adjudicative tribunals are aligned with these shifts and the extent to which they are meeting people’s expectations and understandings of “access to justice”.

With support from the Law Foundation of Ontario (LFO), the Canadian Forum on Civil Justice seeks to explore: (i) what obstacles Canadians might face in resolving civil legal problems through the tribunal system; (ii) the benefits that tribunals offer justice seekers, relative to other dispute resolution forums; and (iii) how the design and administration of the tribunal system advances or hinders the goal of people-centred, fair, affordable, durable, and accessible justice. Much of the focus during the initial stages of this project will be on Ontario’s tribunal system.

Lead Researchers:

Lisa Moore, Canadian Forum on Civil Justice

Nicole Aylwin, Canadian Forum on Civil Justice

Brian Cook, Tribunal Watch Ontario

Noel Semple, University of Windsor – Faculty of Law

Canadian Forum on Civil Justice Research Assistants:

Kyle Farren

Chioma Joanne Eboh

Vince Lai Yun Yeung