for Journals by Title or ISSN
for Articles by Keywords
help
Followed Journals
Journal you Follow: 0
 
Sign Up to follow journals, search in your chosen journals and, optionally, receive Email Alerts when new issues of your Followed Journals are published.
Already have an account? Sign In to see the journals you follow.
Journal Cover
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Online) 2561-5017
Published by Érudit Homepage  [151 journals]
  • INNOVATION AND ACCESS TO JUSTICE: ADDRESSING THE CHALLENGE OF A DIVERSE
           JUSTICE ECOSYSTEM

    • Abstract: Nicole Aylwin and Martha E. Simmons
       
  • THE STORY OF THE BC FAMILY JUSTICE INNOVATION LAB

    • Abstract: Jane Morley and Kari D. Boyle : Many in the justice system know that fundamental change is needed but few know the best way to do it.  Previous attempts using strategic planning approaches have not achieved meaningful change.  Something different is needed.  The BC Family Justice Innovation Lab (the Lab) is experimenting with a different approach drawing on complexity science, the experience of other jurisdictions and disciplines and incorporating human-centred design as a way of focusing on the well-being of families going through the transition of separation and divorce.  This article is the story of the first few years of the Lab’s life.  It has been a fascinating and challenging path so far, and it remains to be seen whether it will ultimately succeed. The story is offered so that others with similar ambitions can learn from the Lab’s experience – its successes and its failures.  It is the nature and strength of stories that the reader will take from them what they will. For the authors, one overriding theme that emerges from this story is that transforming a complex social system, such as the family justice system in British Columbia, requires embracing the complexity of paradox and refusing to be defeated by the tension of opposites and a multitude of wicked, unanswerable questions.
       
  • BUILDING BETTER LAW: HOW DESIGN THINKING CAN HELP US BE BETTER LAWYERS,
           MEET NEW CHALLENGES, AND CREATE THE FUTURE OF LAW

    • Abstract: Susan Ursel : The legal profession faces increasing challenges to the relevance, utility, and acceptance of law and the rule of law as tools of social organization that are important and essential to human beings. Often the issues which challenge law and legal systems seem perennial, obstinate, and intractable. In order to remain relevant to the societies it serves, the law needs to innovate. We need to find new ways of thinking about law as a human designed and deliberate system of social organization. In this context, adopting an innovation mindset is an important starting point. “Design thinking” offers us a description and practice of an innovation mindset that can be and is employed in a variety of professional contexts. This article is an introduction to design thinking, its challenges, and its possibilities for law. It postulates that in fact design thinking as a concept and as a set of techniques is particularly well suited for use in law, and that we actually employ many of its techniques already. The article argues that by bringing these techniques into sharper focus, we can both recognize how we are in some ways using them already, and more importantly, how they can be deployed in even more useful and innovative ways to “build better law” at all scales of the legal endeavour, from individual service to legal systems.
       
  • COLD, HARD JUSTICE LESSONS FROM THE FLEET: INNOVATING FROM THE BOTTOM UP

    • Abstract: Omar Ha-Redeye : With law school graduates encountering increased difficulty in securing articling positions, legal incubators are an alternative way of providing practical training and mentorship opportunities for young practitioners. Not only do they have the potential to help launch careers in law, but they can also play a major role in increasing access to justice. Though legal incubators have been gaining popularity in law schools across the United States, they are still a novel concept in Canada. This article discusses the resources and practice models used by Fleet Street Law, a law practice in Toronto that evolved into the first legal incubator in Canada. The use of innovative business models allowed for greater service of low income and marginalized populations, especially on a “low-bono” rate, and also assisted in providing essential supports for racialized and minority lawyers early in their career. The flexible and innovative nature of a legal incubator was beneficial for the purposes of experimentation, but there were challenges associated with cost and long-term participation. The model of a practitioner-based incubator, as an alternative to traditional-type clinics, should be strongly considered by law schools to help address some of the market needs in the legal community today.
       
  • DESIGNING ADMINISTRATIVE JUSTICE

    • Abstract: Lorne Sossin : This article explores the adaptation of design thinking to administrative justice. The human centred design perspective has been missing from most debates surrounding the design and reform of administrative tribunals in Canada. As a result, the author asserts that the administrative justice system in Canada at all levels of government (federal, provincial, municipal, and Indigenous) is generally fragmented, poorly coordinated, and under-resourced in relation to the needs of its users and has multiple barriers of entry. This article is divided into two parts. The first part reviews the development of design thinking in the context of legal services and legal organizations. The second part explores the implications of this development for administrative justice, particularly in the context of the establishment of new tribunals. Several examples of tribunal reform are examined from a design thinking perspective. By way of conclusion, the author suggests the criteria that should be applied to evaluate the design of a new administrative tribunal.
       
  • ONLINE DISPUTE RESOLUTION AND JUSTICE SYSTEM INTEGRATION: BRITISH
           COLUMBIA’S CIVIL RESOLUTION TRIBUNAL

    • Abstract: Shannon Salter : This article undertakes a brief comparison of private and public online dispute resolution [ODR] systems before providing an overview of the Civil Resolution Tribunal [CRT], Canada’s first online tribunal, and its ODR processes. The article discusses why the CRT has come to be, how it has been implemented, as well as its implications for civil justice reform more broadly. A main proposition is that the transformational potential of ODR will only be realized when ODR is fully integrated with public justice processes. This proposition is not without its difficulties, as the CRT’s experience illustrates. To this end, the article also provides an introduction to some of the opportunities and challenges offered by an integrated ODR system like the CRT as well as some of the steps the CRT has taken to meet these demands as transparently and collaboratively as possible.
       
  • A THIRD REVOLUTION IN FAMILY DISPUTE RESOLUTION: ACCESSIBLE LEGAL
           PROFESSIONALISM

    • Abstract: Noel Semple : Innovation in family law firms can tangibly improve access to justice in Canada. This article develops that claim by drawing on empirical data and scholarship about Canadian family law. Part 1 explains how and why legal needs arising from the dissolution of intimate relationships are so difficult for the parties to meet.  This Part draws on civil legal needs surveys, surveys with lawyers, and data from interviews with litigants. The focus shifts to family law firms (including sole practitioners) in Part 2, using new empirical data about the Canadian lawyers who do this work. Three promising opportunities to innovate for accessibility in family law practice are identified: (i) innovative fee structure; (ii) innovative service variety; and (iii) innovative division of labour. A "third revolution" in Canadian family law is proposed in Part 3.  Our family law doctrine was revolutionized beginning in the 1960s, and family law alternative dispute resolution was similarly transfigured beginning in the 1980s. It is now time to foment a third revolution, in family law practice accessibility, to bring the benefits of family justice to all Canadians who need them.
       
  • COLLABORATIVE POLICY-MAKING, LAW STUDENTS, AND ACCESS TO JUSTICE: THE
           REWARDS OF DESTABILIZING INSTITUTIONAL PATTERNS

    • Abstract: Brea Lowenberger, Michaela Keet and Janelle Anderson : Heightened concerns and dialogue about access to justice have infused the law school setting in Saskatchewan and, to varying degrees, across the country. If there ever were a time to approach social justice reform differently – to upset traditional parameters around decision making and step around older hierarchies for input and design – it would be now. This article describes the Dean’s Forum on Dispute Resolution and Access to Justice (colloquially known as the Dean’s Forum) as a platform for genuine student engagement in the development of public policy in this important area. We offer our combined reflections, gathered inside our “teaching team,” about the unique pedagogical features of our experiment and its challenges. As we continue to grow with the project, we offer this Saskatchewan story as one example of institutional collaboration in a quickly evolving educational and social policy landscape.
       
  • READING LAW AND IMAGINING JUSTICE IN THE WAHKOHTOWIN CLASSROOM

    • Abstract: Sarah Buhler : This article analyzes an innovative community-based educational project called the “Wahkohtowin class” in Saskatoon, Saskatchewan.  The class brings together former gang members, Indigenous high-school students and university students from the disciplines of law, English, and Indigenous studies to learn together about law, justice, and injustice. Students in the class read legal texts together and then discuss and critique these texts in the context of the lived experiences of people in the class. Drawing on the experience of the Wahkohtowin project, this article argues that the practice of lawyers and law students reading and interpreting legal texts and talking about justice together with members of marginalized communities is an “access-to-justice innovation.” It is an innovation because it is a model that positions lawyers and law students not as experts but, rather, as co-learners and co-creators of knowledge with people who possess important lived experiences of the impacts of law and the justice system. It resists the notion that the legal system or lawyers possess a monopoly on justice, opening space for lawyers, law students, and community members to imagine justice together. Overall, this article argues that it is important for those within the legal system who are seeking to improve access to justice to engage with, and learn from, members of marginalized communities who have direct experience with the justice system and that the Wahkohtowin class is one example of how this can happen.
       
  • ENHANCING THE LEGAL PROFESSION’S CAPACITY FOR INNOVATION: THE PROMISE OF
           REFLECTIVE PRACTICE AND ACTION RESEARCH FOR INCREASING ACCESS TO JUSTICE

    • Abstract: Michele M. Leering : Recent national reports have documented growing justice gaps in Canada and have identified a compelling need for innovation in the justice sector to better meet the needs of the public. Nurturing a greater capacity for individual, collective, and critical reflection will ensure the legal profession is much better equipped to respond creatively and strategically to a lack of equal access to justice. In this article, I explore the generative and transformative potential of reflective practice – an important professional competency in other professional disciplines, but under-theorized in law, and action research – a dynamic and flexible form of qualitative research for supporting a culture of innovation in the legal profession and the justice system. Reflective capacity is a crucial enabler of innovative thinking, and it undergirds approaches to encouraging individual and systems change emerging from the organizational learning and innovation literature. An enhanced capacity for reflection will also support more generative and “future-forming” dialogues within the profession and between justice system stakeholders. Furthermore, systematically reflecting on disorienting empirical data about the troubling state of access to justice could develop an “access to justice consciousness” in law students and legal professionals, leading to a stronger willingness to take action to narrow the justice gaps. Introducing action research as an unpretentious and effective enabler of profound transformation and innovation in individual and organizational practices offers significant promise for tackling the “wicked problem” of access to justice. Practical illustrations of action research as an enabler of innovation drawn from legal practice are provided.
       
  • THE INTERNET AS A SITE OF LEGAL EDUCATION AND COLLABORATION ACROSS
           CONTINENTS AND TIME ZONES: USING ONLINE DISPUTE RESOLUTION AS A TOOL FOR
           STUDENT LEARNING

    • Abstract: Martha E. Simmons and Darin Thompson : Increasingly, digital technologies are influencing and impacting dispute resolution, particularly in the emerging field of online dispute resolution (ODR). ODR holds the potential to increase access to justice by engaging disputants in dramatically new ways. As a relatively new subject, ODR is unlikely to form part of the traditional curriculum at law schools. Aside from the question of whether it will become a mainstream part of tomorrow’s legal or dispute resolution landscape, ODR does show us that a familiarity with technology is becoming more important for tomorrow’s lawyers. As educators, how can we expose law students to these new forces of change in a meaningful way' How can we help students understand the benefits and drawbacks technology holds for the challenge of access to justice' This article describes a unique pilot project of an ODR simulation involving three universities in three cities, two continents, and three time zones. The main objectives of the project were to expose law students to ODR from the perspective of a disputant or client; expose clinical mediation students to a range of technology-based dispute resolution processes; demonstrate the potential for technology to support collaboration across vast distances; and promote experiential education by giving students “hands-on” ODR experience. This article will describe the simulation from an educator’s perspective.
       
 
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
Fax: +00 44 (0)131 4513327
 
Home (Search)
Subjects A-Z
Publishers A-Z
Customise
APIs
Your IP address: 54.235.55.253
 
About JournalTOCs
API
Help
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-