Access to Justice The Honourable Élizabeth Corte Chief Judge of the Court of Québec Chair, Conseil de la magistrature du Québec
Presentation outline I. National Action Committee The committee s origin, activities, and final report Reaction and followup II. Québec Forum Governing document Partners III. Future Actions
Part I Action Committee on Access to Justice in Civil and Family Matters
I. National Action Committee Action Committee on Access to Justice in Civil and Family Matters Set up in 2008 by the Chief Justice of Canada, the Right Hon. Beverley McLachlin Committed and broadly representative members
I. National Action Committee 4 priority areas = 4 working groups: court processes simplification family law access to legal services prevention, triage and referral
I. National Action Committee National Action Committee website: http://www.cfcj-fcjc.org/action-committee Reports from the four working groups The Committee s final report (October 2013)
I. National Action Committee Final Report «There is a serious access to justice problem in Canada. The civil and family justice system is too complex, too slow and too expensive. It is too often incapable of producing just outcomes that are proportional to the problems brought to it or reflective of the needs of the people it is meant to serve.»
I. National Action Committee In other words: Major changes will be needed!
I. National Action Committee The goals and guiding principles of the Final Report include: Studying everyday legal issues from the perspective of those affected Collaborating and coordinating Taking action and focusing on outcomes Increasing the justice system s capacity for innovation Establishing structures at the local level
I. National Action Committee Reaction and followup Judge Thomas Cromwell s Canadian tour (autumn 2013) Conference in Toronto (January 2014) Implementation of commissions/committees/forums in the provinces and territories A meeting of these groups (March 2015-2016-2017) Action Committee 2.0 Session on Innovation (March 2017)
Part II Québec Forum on Access to Justice in Civil and Family Matters
II. Québec Forum Initiative of the Québec delegation that attended the Toronto conference Terms of Reference Background and Observations Proposal Vision and Mission Guiding principles, Mandate and Structure
Context and observations from the Québec Forum Costs, wait times, complexity, and citizens lack of control over their cases Public unfamiliar with existing initiatives Work carried out in a vacuum Little information for measuring needs, progress, and setbacks New Code of Civil Procedure = change in culture
What the Québec Forum offers Simple and flexible structure Based on coordinating networks Encouraging the exchange of ideas, creativity, and a small-steps approach Better knowledge of and coordination and publicity for existing initiatives before identifying new measures
Vision «The Forum will be known and recognized as a place for discussion and action aimed at bringing about concrete improvements in justice services for Quebecers.»
Mission «To facilitate more concerted efforts on the part of all justice stakeholders towards the achievement of a common objective: the development of a consistent array of justice services, tailored to the needs of Quebecers, encompassing a variety of services in acknowledgement that better access to justice requires more than better access to the courts.»
Guiding principles of the Québec Forum Efforts focused on citizens Active involvement of the Forum members Speaking with a collective voice
Structure of the Québec Forum Steering Committee Judiciary Ministère de la Justice du Québec Barreau du Québec Chambre des notaires du Québec Non-profit organizations
Partners of the Québec Forum Around 20 members Selected for their role in the legal community Work carried out in consultation and collaboration Desire for successful concrete action Strong commitment, in terms of followup and their own organization Ongoing, active participation Interests of access to justice put before their own interests
Part III Future Actions Québec Forum National Action Committee
III. Future Actions Québec Forum: project of No Wrong Door! A unique «referral and triage» line Develop a guide to improve our ability to refer Improve information sharing
III. Future Actions Recommendations from Cromwell Report become Justice Development Goals
Canada s Justice Development Goals Address everyday legal problems Meet legal needs Make courts work better Improve family justice Work together Build capability Innovate Analyze and learn Improve funding strategies
Address everyday legal problems Educate early Prevent Offer a continuum of services
Meet legal needs Focus on legal needs for everyone Encourage innovation Expand scope of legal aid Focus on access to justice
Make courts work better Ensure access to courts Promote Multi Service Centres Help people who are representing themselves Manage cases effectively Be accessible and user-focused Protect judicial independence
Improve family justice Offer a broad range of services Promote consensual resolution Innovate Restructure family courts
Work together Establish coordinated efforts Include everyone Be bold; Take action Work within institutions Coordinate across Canada
Build capability Educate law students and legal professionals Expand justice education in schools
Innovate Keep track of what is working Share good ideas
Analyze and Learn Develop metrics Work with researchers in all fields
Improve funding strategies Coordinate to spend money well Better fund legal aid Make sure the money lasts
Innovate is also to do things differently!