Access to Justice

Oh, the Places You’ll Go: Prison Libraries Across the Globe

Author: Erin Jeon, University of Manitoba Law Student Prisons have notoriously low literacy rates. Low literacy logically contributes to high recidivism rates. Not only is reading necessary for essential tasks such as finding housing and employment, but it also helps to develop critical thinking and self-reflection skills. One of the main ways literacy in prisons […]

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Using AI to Draft Pleadings: Balancing Access to Justice with Civil Procedure

By Erica Kim, University of Alberta Law Student The recent proliferation of Artificial Intelligence (AI) use has extended to the legal context. AI is increasingly being used to facilitate legal research, translation, and drafting of court documents.[1] This increase in AI use is particularly relevant when considering access to justice. Access to justice can be

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Is it time for Alberta to change its perspective on Vexatious Litigation Orders?

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

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Abuse of Process and Indigenous Litigants: Contemplating the Inconsistencies of Access to Justice in Aboriginal Rights Litigation

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

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Keep Up or Get Left Behind: Examination for Discovery in the Post-COVID Context

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

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The Price of Silence: Douglas v WestJet Airlines

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

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Settlement Privilege: A Shield or a Sword for Access to Justice?

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

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When the Crown Won’t Act: The Role of Private Prosecutions in Access to Justice

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

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Strengthening Access to Justice: The Need for a More Flexible Approach to Streamlined Trials

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)

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Canadian Civil Procedure, Maximal Fairness, and Discovery Rules

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

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