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34 Windsor Y.B. Access Just. i (2017)

handle is hein.journals/windyrbaj34 and id is 1 raw text is: 




INNOVATION AND ACCESS TO JUSTICE: ADDRESSING THE CHALLENGE OF A
DIVERSE JUSTICE ECOSYSTEM

Nicole Aylwin  & Martha   E. Simmons

Despite  having been  a mainstay  topic of conversation  for many  years in  the fields of business,
technology, public administration and other specialized service sectors such as medicine, 'innovation'
has only recently begun to infuse conversations in the justice sector. With the widespread recognition
that globalization is disrupting traditional legal roles and organizational structures, that technology is
poised to radically reconfigure how legal services are delivered, and that despite best efforts, the access
to justice gap continues to grow in Canada, innovation - as both a noun  and a verb - has become  a
talisman, poised to help address the challenges pushing at the door of the legal profession.
   While  conversations about disruptive innovation in law seem to flow more easily when discussing
legal technology or the changing nature of big law, the discussions around innovation have been more
hesitant in dialogues on access to justice. This hesitation may be due in part to an unfortunate history of
the term being equated with doing more work  with less money - a situation that has often been foisted
upon  already stretched publically funded legal service providers (like, for example, community legal
clinics, or other not-for-profit legal information sources). However, recently, a more nuanced and cross-
disciplinary conversation about innovation has emerged. Legal practitioners, academics and access to
justice advocates have begun to explore how the theories, methods and tools of innovation in adjacent
sectors can be applied to meet  the complex  access to justice challenges presenting in Canada. This
special edition, focused exclusively on exploring innovation through an access to justice lens, is an
exciting opportunity to join a burgeoning scholarship on the topic of innovation and access to justice.

I. A 'CRISIS'  IN ACCESS TO JUSTICE

Almost  half of all adult Canadians will experience at least one civil or family justice problem over any
given three-year period.' Unfortunately, survey research suggests that just over half of Canadians - 55%
- will be able to afford to resolve these types of legal problems.2 This means 45% of Canadians are
regularly left with unresolved legal issues.3 This is partly because resolving a legal problem through the
formal system is costly. Hourly legal fees amount to hundreds of dollars and even a relatively short court
proceeding  can be priced at thousands of dollars. Legal aid is not widely available. It can only be
accessed by those with very low  income and  it is not obtainable for all types of legal problems.4 The
result is an ever-widening gap between those that can afford to access justice and those that cannot. No

1   Trevor C.W. Farrow et al, Everyday Legal Problems and the Cost ofJustice in Canada: Overview Report (Toronto:
    Canadian Forum on Civil Justice, 2016), online: Canadian Forum on Civil Justice: <http://www.cfcj-
    fcjc.org/sites/default/files/Everyday%/20Legal%/2OProblems%/20and%/2Othe%/2OCost%/2of%/2OJustice%/20in%/2OCanad
    a o20-%/200verview%/o2OReport.pdf>.
2   Ibid.
3   Ibid.
    While we recognize that there is an equal need and level of discussion on the role of innovation in improving the
    criminal justice system, this edition focuses primarily on civil and family justice.


(2017) 34 Windsor Y  B Access Just


i

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