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1. Title of Resolution:

Regulatory Innovations to Improve Accessibility, Affordability and Quality of Civil Legal Services in Canada

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

Annual project budget for Access to Justice Subcommittee of $15,000 or more, depending on scope of project anticipated under implementation calendar.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Jo-Anne Stark
Firm name: Stark Solutions
Telephone: 604-653-7878

4.Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

The CBA would need to establish a project scope and steps with a timeline that is reasonable within its current strategic goals. As most of the timelines in the Reaching Equal Justice report mentioned in the resolution have already passed, a new timeline is needed, along with a commitment to follow through.

The steps may include for example:

  • The CBA would perhaps advocate (either directly or through branches) for regulatory bodies to advance innovative initiatives as directed in the resolution.
  • The CBA to approach experts with legal coach training programs or those who have developed unique organizational structures to provide appropriate professional development modules to members interested in delivering services in a different manner, so it is accessible to the middle class.
  • The CBA would collect and report to members on data currently being collected and analyzed from jurisdictions that are conducting research on innovative legal service delivery, so that ideas are shared with legal professionals across the country.
  • The CBA would approach law schools to connect educators with members using innovative approaches to help self-represented litigants and teach client-centric practices within the curriculum.

These are examples of some of the initiatives that would take the concepts in the Reaching Equal Justice report and put them into action so members can actually begin providing services in a way that reaches self-represented litigants to improve access to justice.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

  • Relevant data on innovative approaches to legal service delivery would be available collectively to members and inform them on new ways to offer legal services to the middle class.
  • Professional development on innovative methods such as legal coaching would be widely available to members.
  • Law schools would begin offering courses on client-centric approaches, legal coaching and other innovative delivery methods
  • Law firms would be permitted to create new organizational frameworks that advance their ability to provide access to justice
  • Law Societies would modernize their rules to reflect the needs of the public so that a range of affordable limited legal services are authorized

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

Ab Currie, The Legal Problems of Everyday Life: The Nature, Extent and Consequences of Justiciable Problems Experienced by Canadians (Ottawa: Department of Justice Canada, 2007)

Dr. Julie Macfarlane, The National Self-Represented Litigants Project: Final Report, May 2013.

The Hon. Justice Thomas A. Cromwell and Siena Anstis: Legal Services Gap: Access to Justice as a Regulatory Issue, 2016, 42-1 Queen's Law Journal 1

Canadian Bar Association reports and resolutions

CBA, Reaching Equal Justice report, 2013

Resolution 14-03-M, Reaching Equal Justice, adopted the targets from the 2013 Reaching Equal Justice Report.

Resolution 14-09-A, Using Technology for Equal Justice.

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Jo-Anne Stark
Firm name: Stark Solutions
Telephone: 604-653-7878

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Jeremy Boulanger-Bonnelly, Chair, Access to Justice Subcommittee
Firm name: University of Toronto Faculty of Law
Address: 411 Galt St, Montréal, Quebec, H4G2P
Telephone: 438-828-0480

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

Access to Justice Subcommittee

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

CBA Access to Justice Subcommittee; Access to Justice Committees in CBA Branches