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Most Ontarians say justice system ‘broken’: survey

Survey by justice advocates finds many feel they won’t receive equal access to archaic system.

Longtime civil rights advocate and lawyer Peter Rosenthal says, “only wealthy or upper-middle-class people can really afford to hire lawyers."  (Lucas Oleniuk / Toronto Star) | Order this photo 

By Jennifer PagliaroCity Hall reporter

Mon., Oct. 17, 2016

A majority of Ontario residents feel our justice system is broken, labelling it an archaic institution that is not accessible to all.

The Action Group on Access to Justice (TAG) asked Ontarians to describe the centuries-old system in a recent survey. In a poll of 1,500 adults by Abacus Data Inc. in August, the verdict the advocacy body received was damning: 78 per cent called Ontario’s justice system “old-fashioned,” 71 per cent said it was “intimidating.” “Confusing,” “inefficient” and “broken” was how more than 60 per cent of respondents described it.

At a time when sexual assault cases and continued complaints that the black community is being targeted by police are demanding public attention, only half of those surveyed feel there is equal and fair access to the system and few, just 13 per cent, felt strongly that they would be treated fairly in the system.

“The justice system is there for the public and … if they’re not onside, then no solution can really reach its full potential in terms of impact,” said TAG manager Sabreena Delhon. 

It’s the first time the group, founded two years ago and supported by the Law Society of Upper Canada and the Law Foundation of Ontario, has polled public opinion on access issues.

                     

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“This report does confirm what we’ve heard anecdotally around cost and intimidation and frustration, but I think it also helps us understand or appreciate access to justice affects the most important things in your life — family, where you live, where you work,” Delhon said.

Recent headlines, she said, have created a new appreciation that the justice system matters, but few people feel in control of that process.

Published results of the survey also follow a Supreme Court decision on unjust delays that ruled provincial courts should find a way to ensure cases do not take longer than 18 months — a decision that, as the Star reported, could result in even serious charges such as murder and sexual assault being thrown out.

Those surveyed say affording a lawyer or paralegal is the biggest barrier to justice. What’s surprising, Delhon said, is that affordability is an issue across income brackets.

A large majority, 76 per cent, said creating more affordable options for those not qualifying for legal aid is a top priority. 

“There are many ways in which access to justice is limited,” longtime civil rights advocate and lawyer Peter Rosenthal wrote by email. “Only wealthy or upper-middle-class people can really afford to hire lawyers … Legal aid is only available to very poor people and only for certain kinds of cases. Therefore many people are denied essential representation in criminal and civil cases.”

Daniel Brown, a Toronto criminal lawyer and director for the Criminal Lawyers’ Association, said the affordability concerns are the most troubling issue.

“Access to justice should not be reserved for only the wealthy. Significant cuts to Ontario’s legal aid programs have made it almost impossible for the working class to access our justice system,” he wrote in an email. “Better funding for lawyers who represent our most marginalized citizens is an important first step to ensuring that all Ontarians have equal access to the courts.”

Paul Schabas, a partner at Blakes law firm and treasurer of the law society, said access issues have been front and centre in the legal system for many years.

“We’re trying to take steps, creative steps, to work with all the stakeholders to improve access for justice,” he said. 

One example is the “unbundling” of legal services, he said — changing the rules to make it easier for lawyers and paralegals to take on some aspects of a case without being fully retained to represent someone. This could include representing someone at an appeal or helping file certain paperwork.

“This is a challenging issue and the law society is not shying away from it. In fact, it’s really trying to actively engage with all the stakeholders to try to improve access to justice,” Schabas said.

For those daunted by the prospect of legal bills, there are services beyond Legal Aid Ontario. The law foundation maintains an Access to Justice Fund that grants thousands of dollars to groups helping marginalized communities, including refugees, navigate the legal system.

As a result of the survey, TAG will host an Access to Justice Week for the first time, beginning Monday. Events include a keynote speech from Ontario Attorney General Yasir Naqvi. The group is also launching a podcast on access issues.