42 Queen's L.J. 1 (2016-2017)
The Legal Services Gap: Access to Justice as a Regulatory Issue

handle is hein.journals/queen42 and id is 7 raw text is: 







The Legal Services Gap: Access to


Justice as a Regulatory Issue


The Honourable Justice Thomas A. Cromwell* &

Siena Anstis**


     The gab between the needfor legal serices and the abilip of people to obtain them continues to grow, and legal
aid and other means of making justice more accessible are (by themselves) insuffcient to address the issue. This
article considers an emerging dmension of the access to justice issue: the intersection bet een legal services regulation
and the legal serces ga. The 'a in which the legal profession is regulated affects ho people access legal serices,
and it is incumbent upon regulatop bodes-as well as the wider legalprofession-toprortie regu/latory reform
that aims to remedy the access tojstice  cisis in Canada. This article describes in more detail ho is affected by the
legal seruices gab and considers how existing regulator pracdces and structures impede access tojustice and can be
reformed to help close the legal services gap. Rules on w ho can prouide legal services, restricdons on unbundled legal
services and pro bono regulation are but some of the issues explored. Access to justice has not been giuen its due
importance as a regulatoy issue, and this article is intended as a call to action: EveUy sector involved in the justice
ystem, inparticular regulator bodes, has to do better if there is to be meaninfl imp rovement in access to justice.























*  The  Honourable   Thomas   A.  Cromwell,  LL.B. (Queen's  University), B.C.L. (Oxon.); LL.D
(Honords Causa, Queen's University; Dalhousie University; Law Society of Upper Canada), D.H.C.
(Universite de Moncton).
**  Law   Clerk (2015  to 2016)  to The  Honourable   Justice Cromwell,  B.C.L./LL.B.  (McGill
University), B.A. (Concordia University).


T. A. Cromwell  & S. Anstis


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