By Shaunna Mireau
In Late September 2020, supporters of the Free Acen adopted by courtscess To Law Movement from around the world joined together to attend the Virtual Law Via the Internet 2020 Conference. As with many other educational opportunities in 2020, the in-person event was pivoted to virtual. The #LVI2020 event was coordinated by CanLII, Lexum Inc and AfricanLII. I wrote about this amazing event at Slaw.ca. When I think about the free access to the law movement, I consider it from both the Access to Law/Access to Justice aspect and also from the perspective of technology assisting with Access to Justice. Free access to legal information is not the only support for access to justice that is tied to technology but it is certainly a foundational element. Once you have access to digital legal information you can build on that. The COVID-19 pandemic has changed the world, and one of the positive changes is the swift learning that we can work and connect and achieve our goals using technology tools. I am certain that readers of this post either work from home, have worked remotely, or have used the services of someone working remotely. The pandemic problems have elevated the acceptance of a technology intervention for many people who would have previously resisted a rapid technological change. How resilient we humans are!
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Not having a lawyer in court can make an already intimidating and confusing process even more difficult for Alberta’s vulnerable populations. Missing court is not an option. If someone is charged with committing a crime and they miss their court date, they can also be charged and convicted for failing to attend court on the required date. Having a criminal record can then make it difficult to secure future housing and employment.
How does EFry Assist? The Elizabeth Fry Society of Calgary’s (EFry’s) Court Programs provide support to those without legal counsel as they appear in Adult Criminal Court (Case Management Office), Youth Criminal Court, Traffic & Bylaw Court, and Domestic Violence Court. As EFry Court Volunteers meet with clients, they carefully explain court procedures and protocols, the client’s options for their matter for that day, and what the potential outcomes of their matters may be. EFry also assists clients with filling out court forms and ordering evidence (disclosure) pertaining to their case. Beyond providing legal information, EFry volunteers connect clients to extremely valuable legal and community resources. These include referrals to duty counsel present in the courthouse, agencies that provide legal representation to those of low income, and Alberta Health Services’ Mental Health Diversion Program. Currently, EFry supports clients in various jurisdictions throughout southern Alberta: Calgary, Airdrie, Okotoks, Canmore, Cochrane, Didsbury, Strathmore, Siksika Nation, and Lethbridge. With EFry’s support, vulnerable clients approach their court appearances in a more informed manner, able to connect to the resources they need to avoid delays related to their court matters. How to Become an EFry Court Volunteer More information about the Court Volunteer Program can be found on the Efry website at: By Jessica Steingard
This week, the big conversation topic is access to justice in Canada. But what does the phrase mean? If you ask different people, chances are you will get a variety of answers about what justice means and what access to that justice means. Jeff Surtees, Executive Director of the Centre for Public Legal Education Alberta, writes in his latest article for LawNow: "Two of us can have exactly the same legal problem but totally different experiences because of who we are and everything that has happened in our lives up to the point the problem occurs. … Because there is such diversity of participants, life experiences and situations, we cannot think of A2J as just one thing, having one solution." He concludes that “A2J is best thought of as an aspirational goal that we want to keep moving towards.” And part of A2J is public legal education. At the Centre for Public Legal Education Alberta (or CPLEA for short), we have been educating Albertans on the law since 1975. Our many websites, print resources and workshops provide understandable information to Albertans about the laws that affect their lives. One of CPLEA’s projects is LawNow – an online publication aimed at relating law to life. Every two months we publish a new issue with articles around interesting everyday legal topics. Wondering about COVID-19 and legal issues? Curious about what laws apply to filmmakers or other content creators? Looking for information on copyright or climate change? We’ve got you covered! The article quoted above is one of several articles included in our new issue about our legal system and public legal education. Our amazing volunteer contributors have written descriptive and thought-provoking articles, including about:
The issue is available for everyone to read for free on www.lawnow.org. And while you’re there, take a look around and learn a little more about the law! By Jessica Van Mulligen
Cost of legal representation and long wait times for a court date are common barriers. A less commonly discussed barrier is the physical layout of the law courts. Physical layout can include signage, seating, the availability of workspaces, or areas that offer privacy. Law is a service profession[1], and the courts are key for legal service delivery. If the way legal services are administered is not meeting the needs of litigants, something needs to change. This need is intensified with the increasing prevalence of self-represented litigants within the legal system.[2] So, how do we ensure litigants using the courts are empowered to the greatest extent? Enter, human-centered design. Human-centered design is a methodology for creating user-focused innovations. Human-centered design “judges a product, service, or system by what the experience of its audience is… [and that] to improve the functionality and experience of a given system, the needs and preferences of the user should be the guide.”[3] Human-centered design targets litigants, not lawyers. By Emily Bielech
Currently, 1 in 66 Canadians between 5 and 17 years of age have been diagnosed with Autism Spectrum Disorder (ASD). ASD is a disorder that affects communication and behaviour, and is characterized by atypical cognitive function – in other words, individuals with ASD think, reason and remember differently than neurotypical individuals (those who do not have ASD). As these young people transition into adulthood, many are faced with a crisis. There is a lack of public services in Canada tailored to meet the needs of adults with ASD, especially those with High-Functioning Autism (HFA). This service gap extends to the justice system, particularly in its provision of aid to self-represented litigants. Often, individuals with cognitive differences such as HFA receive disability benefits, and are therefore unable to access legal aid because they do not make the low-income cutoff. At the same time, they are unable to afford a lawyer. It is therefore reasonable to assume that an individual with HFA would likely be required to proceed as a self-represented litigant. Neuro-diverse individuals are more likely to face barriers to meaningful access to justice. We must take these barriers, and the varying abilities of neuro-diverse people to surmount them, into account when providing our services as legal professionals. Although ASD, as the name suggests, represents a spectrum consisting of Autism subtypes that range from individuals who are severely impacted to those with HFA, there are some behavioural commonalities across the spectrum. These commonalities can include challenges with social interaction and communication. A litigant’s ability to communicate with the judge, with duty counsel, and with the clerks who file court documents can make or break a case. |