Access to Justice Blog

By: Jacob Willms, University of Alberta Law Student Modern-day judicial systems simply do not have the resources to hear every conflict brought before them, and this problem is only made worse by vexatious litigants. Generally, vexatious litigants are those who waste the court’s resources by launching frivolous, vexatious, or abusive proceedings, improperly conducting litigation, or […]

By: Teanna Winsor-Carruthers, University of Alberta Law Student On February 28, 2025, the Supreme Court of Canada (SCC) in Saskatchewan (Environment) v. Métis Nation – Saskatchewan released a judgment that clarified ambiguous aspects of the abuse of process doctrine.[1] The particularities of this case are unique, as it involves a province bringing a motion to strike portions of

By: Jenna Sabroe, University of Alberta Law Student The COVID-19 pandemic created various barriers to access to justice within the realm of civil litigation. Courts became bogged down, lawsuits faced significant delays in proceeding, and social distancing mandates created difficulty in progressing files through the traditional discovery processes. Despite these hardships, there was also an

By: Amaan Suleman, University of Alberta Law Student The Facts In January of 2022, WestJet refused to let Andrew Douglas, a 72 year old retired chemist from Ontario, board his flight to Cuba. They claimed he did not have required travel documents; specifically, that he did not have proof of a negative COVID test. Unbeknownst

By: Chaein Lee, University of Alberta Law Student The overarching goals of civil litigation include resolving disputes and compensating wronged parties. However, this does not always necessitate a courtroom. In an overburdened justice system fraught with delays, we encourage parties to resolve disputes privately when possible. Settlement privilege – a common law principle that protects

By: Mackenzie Coleman, University of Alberta Law Student In March, Judge Geoffrey Bayly of the Provincial Court of Manitoba allowed an application for a private prosecution to proceed in Sieklicki v Kostecki.[1] While Crown attorneys are responsible for the prosecution of most criminal offences in Manitoba, section 507.1 of the Criminal Code allows for a private citizen to

By Carline Petit-Homme, University of Alberta Law Student Introduction  In 2024, Alberta introduced the streamlined trial process in an effort to improve access to justice by offering a faster and more affordable way to resolve disputes. However, over a year has passed since the amendments were made, and the Alberta Court of King’s Bench (ABKB)

By: Jen M. Kaumeyer, University of Alberta Law Student Legal scholar Gary D Watson[1] has stated that a defining characteristic of Canadian civil procedure is that it ensures maximal fairness. In saying so, he contrasts civil procedure against administrative law, which itself only produces minimal fairness.[2] But what is the meaning of maximal fairness, and how does civil procedure achieve

By: Mackenzie Coleman, University of Alberta Law Student On February 25, 2024, the Honourable Arif Virani, then-Minister of Justice and Attorney General of Canada, released Canada’s Black Justice Strategy’s Implementation Plan titled Toward Transformative Change: An Implementation Plan for Canada’s Black Justice Strategy.[1] The Plan, authored by Winnipeg lawyer Zilla Jones and University of Toronto professor Akwasi

By: Mackenzie Coleman, Law Student at the University of Alberta Earlier this year, Justice Simonsen determined in R v DMS that witness testimony does not necessarily need to be in the courtroom.[1] Justice Simonsen stated that the “trial judge erred by summarily dismissing its application under section 714.1 of the Criminal Code, for an order permitting the complainant to