Flip Your Wig

LOOKING FORWARD: THE NEXT "WAVE" IN ACCESS TO JUSTICE Nicole Aylwin & Trevor Farrow, Canadian Forum on Civil Justice As a national not-for-profit dedicated to access to justice (A2J) research and civil justice reform, the Canadian Forum on Civil Justice (CFCJ) has spent almost 20 years working on the A2J "file". The CFCJ's mandate is to pursue research and advocacy that is public-focused and helps to create a more accessible and sustainable civil justice system. During its lifetime, the CFCJ has witnessed the modern evolution of A2J. Unlike previous conceptualizations that equated A2J primarily with the formal system (i.e. courts, tribunals, lawyers and judges), a more expansive definition of A2J – one that is more user-focused – seems to be taking hold. As the Action Committee on Access to Civil and Family Justice reminds us, "Too often, we focus inward on how the system operates from the point of view of those who work in it…[t]he focus must be on the people who need to use the system." This new wave of A2J brings new excitement. With an emphasis on innovation, creativity and collaboration, A2J now goes beyond simply creating an affordable and efficient system. It is now envisioned as a justice system that people understand, feel confident in, and relate to. Realizing this vision will involve experimentation with procedural and service delivery models, innovation through technology, the inclusion of the public in the design of justice services, and the adoption of new research methods that allow us to more deeply understand the public's needs and better measure the quality of services delivered. At the CFCJ, we are looking at old problems though a new lens. Our recent national legal needs survey, Everyday Legal Problems and The Cost of Justice in Canada, is not only the first national survey of its kind in 10 years, but the first of its kind to attempt to measure what everyday legal problems cost people – not just in dollars, but in lost time and opportunity, costs to their physical and mental health, and costs to their livelihood. Our findings will provide measurable insights on the costs of unresolved legal problems on individuals and publically funded services and programs. It is difficult to predict where this current approach to A2J will take us. Rather, we'd like to end by suggesting that the answers to our A2J challenges lay largely in the future, not the past. One of the privileges we have at the CFCJ, due to our location at Osgoode Hall Law School, is that we are able to include students on our research teams. Our students – the next generation of legal professionals – remind us daily that doing the hard work of A2J research and advocacy is a privilege. We leave you with their thoughts on what this new wave of A2J will bring and what they are excited about. "I believe that the next decade will see dramatic improvement in both the quality and availability of justice. Significant research studies carried out by organizations like the CFCJ have set the pieces in place for more affordable, understandable and available justice options for Canadians. It is an exciting time to be entering the justice field, because the years ahead will involve moving those pieces forward and putting the "rubber to the road". It will be a decade of "doing". I look forward to seeing what we will create." ~ Paul Di Libero, third year JD student, Osgoode Hall Law School "Since starting at the CFCJ as a first year law student, I've watched the conversation around A2J move in exciting directions. I see more attention being paid to rural and remote communities, more consideration given to how technology can address access issues, and how collaboration between disciplines is a "must" if we are to meet the needs of the public. Now, looking towards a career with a focus on family law, I hope to use innovative ways to further A2J in my practice." ~ Hannah De Jong, third year JD student, Osgoode Hall Law School 12 FLIP YOUR WIG

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