Access to Justice Blog

Support for Self-Representing Litigants in Canada: The McKenzie Friend

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Written by Eric Epp For self-representing litigants (SRL), the prospect of going to court alone can be extremely daunting. SRL are able to access various types of information that may assist them, such as obtaining legal information from community organizations or by receiving legal coaching through a lawyer who might offer unbundled services. In these […]

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“The Impact of the Lack of Legal Aid in Family Law Cases”

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Written by Eric Epp The goal of legal aid in Canada is to ensure the interests of justice are served, protect the legal rights of those with limited income, and provide fair and equal justice.[1] Legal aid, however, far from captures all those who need representation and, when underfunded for family cases, the impacts are detrimental.

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Manitoba Law Foundation’s “Literature Review on Access to Justice for Family and Civil Matters”

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Written by Erin Wilcott In early 2021, the Manitoba Law Foundation (MLF) released a literature review titled “Literature Review on Access to Justice for Family and Civil Matters”. It was prepared to provide a broad background on family and civil access to justice issues in Canada. It also created an inventory of surveys and access

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Relocation of the UofM Community Law Centre Promotes More Accessible Legal Service

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Written by Eric Epp The University of Manitoba Community Law Centre (UMCLC)  provides clinical learning opportunity for Robson Hall law students.  The students primarily handle less complex criminal files and in some instances, provide assistance with civil and administrative law files.[1] For most of its near 50 year existence, the UMCLC was located in the

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Statute as Shield: The Contradictory Nature of Limitation Periods in the Context of Reconciliation

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Written by Noah Lesiuk Following the decision of the Supreme Court of Canada (“SCC”) in Guerin v The Queen, precedent has solidified that limitation periods apply to Indigenous claims against the Crown.[1] In fact, the operation of such a doctrine in the Indigenous context is not only immortalized in the jurisprudence, but expressly conveyed through statutory authority.

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Manitoba Court Practice Directives on Pronouns Promote a More Hospitable Court for Trans Participants

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Written by Eric Epp Access to justice can be used to describe not just financial barriers to the justice system, but also social and psychological barriers. For those who identify as transgender, a particularly pervasive barrier comes in the form of being misgendered in court. Since 2021, all levels of Manitoba courts have issued Practice

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Human Rights Code Amendment Act to Speed Up Processing Human Rights Complaints

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Written by Eric Epp Human rights claims in Manitoba have typically taken between three and four years to investigate, followed by another two years for adjudication.[1] In terms of accessing timely resolutions, this is far too long to wait for many matters. In response to a number of recommendations addressing this issue in Alan Fineblit’s 2018

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Funding Provided for Implementing Divorce Act Bilingual Language Rights Amendment in Manitoba

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Written by Eric Epp As a bilingual nation, a baseline of accessible justice should include the right to conduct a court proceeding in either official language. In an effort to meet this baseline, the Canadian government recently announced that it would be providing $1.6 million in funding for the Manitoba government to implement the amendments

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Flette et al. v Manitoba: Access to Justice and Section 96 in Manitoba

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Written by Eric Epp In the recent Manitoba Court of Queen’s Bench decision Flette et. Al. v. Manitoba (Flette) it was ruled that the government of Manitoba misappropriated funds meant for First Nation and Metis children in care. Within this decision, the bounds of the 2016 Supreme Court of Canada case Trial Lawyers Assn. of British Columbia v.

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Disproportionate Outcomes for Self-Representing Litigants Raise Access to Justice Concerns

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Written by Eric Epp The number of self-representing litigants (SRLs) in Canada is rising.[1] Although self-help or “low bono” opportunities exist for SRL’s to be assisted through the court process, SRLs naturally encounter much more difficulty navigating the court system. According to a recent American study, which was done in the context of family cases, SRLs

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