Access to Justice

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

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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News: Canadian Bar Association Report on the Impact of COVID-19

Written by Calvin Ediger Recently the Canadian Bar Association released a report on the impact of COVID-19 on the legal profession in Canada. In general, the report found that the effect of the pandemic was to accelerate the adoption of technology in the legal field, while not necessarily considering the risks and drawbacks that came

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Opinion: The Remote Witnessing and Commissioning Act and Access to Justice in Northern Manitoba

By Calvin Ediger On December 3rd, 2020, royal assent was given to The Remote Witnessing and Commissioning Act which amended several acts, including The Manitoba Evidence Act, to allow the electronic witnessing of documents including affidavits. Previously affiants (those making the affidavit) were required to be physically present with the individual authorized to administer the oath and witness

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Opinion: The Tension Between Access to Justice and Conservation of Resources in British Columbia (Attorney General) v Council of Canadians with Disabilities

Written by Calvin Ediger  The Supreme Court has recently clarified the law with regards to public interest standing in British Columbia (Attorney General) v. Council of Canadians with Disabilities. Public interest standing allows organizations or individuals to bring a matter to court even though they are not directly impacted or had their rights infringed. This improves access

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News: Department of Justice Releases Dual Reports on Legal Aid in Canada

Written by Calvin Ediger In July 2021 the Department of Justice’s Evaluation Branch released a report entitled Evaluation of the Legal Aid Program. Presented within was an evaluation of the effectiveness in federal funding for legal aid programs covering the fiscal years 2016-2017 to 2019-2020.[1] More information was released by the Department of Justice’s Research and Statistics

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News: Manitoba Revises Court of Appeal and Provincial Court Rules

Written by Calvin Ediger The Manitoba Legislature has recently passed the Court of Appeal and Provincial Court Amendment Act. The act serves to advance the cause of access to justice in Manitoba. Specifically, the act allows for the Chief Justice of Manitoba to appoint a judge to meet with the parties to attempt to settle issues

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Opinion: Open Courts and Access to Justice in the Digital Age

Written by Calvin Ediger In its recent report No Turning Back: CBA Task Force Report on Justice Issues Arising from Covid-19, the Canadian Bar Association remarked on the rapid adoption of new technology by Canadian legal actors. Many of these newly adopted technologies promise to save time, costs, and improve access for individuals seeking to access

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Opinion: Manitoba Should Look to Ontario’s Lead in Summary Judgment Availability

Written by Calvin Ediger Summary judgment motions are a powerful tool in the hands of modern courts that can greatly decrease the cost and time commitment of court proceedings for litigants. The Supreme Court endorsed summary judgment as a substitute for full trials in the case of Hryniak v. Mauldin, a case that arose in Ontario

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Attraction and Retention of Lawyers in Rural Manitoba

By Eric Epp It is clear there are not enough lawyers practicing in rural and remote Manitoba. The attraction and retention of lawyers in rural and remote communities is increasingly becoming a deep issue of accessibility to justice. The majority of Manitobans, around 60%, reside in or around Winnipeg. Manitoba’s legal profession is not reflective

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