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Darkness and Light - A2J in BC, 2014

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by

Andrew Pilliar

on 19 September 2014

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Transcript of Darkness and Light - A2J in BC, 2014

Darkness

(and Light?)
Access to Justice
in British Columbia 2014

"It is better to light a candle than to curse the darkness "
"Access to justice is a crisis"
1) Why is access to justice important?
2) Looking for glimmers of hope
"You got to kick at the darkness 'til it bleeds daylight"
"At the end of the day"
"Everything happens for a reason"
"Every dark cloud has a silver lining"
Justice =

Physical access?
Justice =

Information?
Justice =

Representation?
Justice =

Substantive fairness?
Justice =

Social justice?
Justice =

A Just society?
Unmet Legal Needs in Canada
2006-2007:
44.6%
experienced problems
11.7%
received legal assistance
2013-2014:
47.1%
experienced problems
19%
received legal assistance
Why Care About Access to Justice?
1) It affects us all
2) It happens all around us
3) The most vulnerable are most affected
4) It can be empowering
5) Problem will only get worse unless we act
Glimmers of Hope?
Government
- Per capita funding down 21.2% since 1994-95
Reports and Research
- CBA Envisioning Equal Justice Project
Courts
- Canada (AG) v. Downtown Eastside
Sex Workers United Against Violence (SWUAV) --2012 SCC 4
Legal Service Innovations
Democratization of Access to Justice
- Approved legal aid applications
declined 65.7% from 1992-93
- National Action Committee on Civil and
Family Justice
- Cost of Justice Project
- Self-represented Litigants Project
- CBA Legal Futures Project
- "a culture shift is required in order to
create an environment promoting timely
and affordable access to the civil justice system."-- Hryniak v. Mauldin,
2014 SCC 7
- Vilardell v. Dunham, 2012
BCSC 748; 2013 BCCA 65
"It's always darkest before the dawn"
Full transcript