A new national report co-authored by Trevor Farrow, dean of at 91ÑÇÉ«, is calling for a renewed approach to access to justice in Canada, one that views justice as a common good essential to individual and community well-being.
Released by the Action Committee on Access to Justice, the report titled argues that the justice system should be understood as both a service available through courts and a means of helping individuals meet their basic needs, exercise their rights and participate fully in society.
The paper builds on the Action Committee's 2013 Roadmap for Change, which identified a crisis in access to justice in Canada. More than a decade later, people-centred justice initiatives have grown but significant barriers remain including housing insecurity, economic uncertainty and complex legal needs.
As one of the report's co-authors, together with Osgoode alum Justice Andromache Karakatsanis of the Supreme Court of Canada, Farrow helped develop a framework calling for an accessible, prevention-oriented justice system focused on outcomes and sustained through collective responsibility. The paper highlights the roles of governments, courts, legal professionals, community organizations, educators and the public in creating a justice system that better serves Canadians.
"The purpose of this report is to advance a new vision for access to justice in Canada," says Farrow. "We see justice as a common good, framing it as a shared public foundation, necessary for the proper functioning of the rule of law, democratic life and individual and community well-being."
A leading scholar in legal process and access to justice research, Farrow has spent decades examining how legal systems can better meet the needs of the public. His research explores the social and economic impacts of unresolved legal problems and the importance of accessible, people-centred justice systems.
Farrow says the need for reform remains urgent.
"For more than a decade, the state of access to justice in Canada has been described at crisis levels," he says.
"Notwithstanding that Canada arguably has the best judges, lawyers, justice administrators, academics and other justice sector stakeholders in the world, the general public does not have cost-effective, timely and ready access to the necessary tools of justice."
Together with a renewed vision for justice focused on the common good, the paper also outlines principles and practices for future action, including community-based supports, legal navigation services, prevention, clear pathways to legal help and inclusive service design.
"This report, grounded in the charter’s values of dignity, true equality and fairness, situates access to justice as the mechanism through which these values take on meaning in peoples’ lives," says Farrow.Â
"It also offers specific principles and practices for action, grounded in the expertise and experiences of justice system users and legal system experts and providers."
The Action Committee invites Canadians to help advance a more accessible, equitable justice system that supports individuals and communities before problems escalate into crises.
"Research shows that most Canadians will experience some form of significant legal issue over the course of their lifetime," says Farrow.
"Put simply, this should matter for everyone."