Access to Justice in Alberta

What is Access to Justice? In simple terms this is the ability for all individuals to gain fair, effective, and timely legal remedies for the protection of their rights; regardless of their financial background, status, race, and gender. Below you will find the key elements of access to justice, barriers of access to justice and the solutions used to improve the access to justice.

Key Elements of Access to Justice:

1. Legal Awareness – It is essential that people are aware of their rights and the legal remedies available to them.
2. Availability of Legal Services – Legal services include lawyers, legal aid, and community legal education.
3. Affordability – Legal processes and services must be affordable, with legal aid available for those who cannot pay.
4. Effective Legal Institutions – Courts and alternative dispute mechanisms should be fair, impartial, timely, and efficient.
5. Fair Procedures – Individuals must receive a fair hearing, with impartial decision-makers, and the right to appeal.
6. Non–Discrimination – Individuals have the right to equal access regardless of race, gender, disability, language, or economic status.

Barriers to Access to Justice:

1. High legal costs – This is one of the most significant barriers to access to justice; as this can prevent individuals with low to moderate income from seeking legal aid.
2. Lack of knowledge or legal literacy – This barrier is due to an individual’s inability to understand their legal rights, responsibilities and the legal system as a whole.
3. Complex legal process – Most individuals are unable to navigate the legal system due to it being time-consuming, technical, and filled with legal policies and procedures that are difficult to understand without proper legal training.
4. Language barriers – This becomes a barrier due to an individuals inability to understand the official language(s) being used within the legal system; which hinders their ability to know the legal information, procedures and causing a gap in communication with their legal team; which may compromise their right to a fair hearing.

Solutions to Improve Access to Justice:

1. Legal aid and pro bono services – These services are essential to gain justice for people who may otherwise not be able to afford legal representation.
2. Alternative Dispute Resolution (ADR) – These services refer to resolving matters outside of the traditional courtroom; making it faster, less formal and cost-effective.
3. Legal literacy programs – These programs have been put in place to help individuals understand and become aware of their legal rights, responsibilities, and the legal resources available to them.
4. Mobile courts – These are temporary courts which can be found in remote or rural areas where traditional courts are inaccessible due to distance and/or cost.
5. Simplified legal procedures – This refers to the modifications designed to make the legal system more understandable and accessible for individuals who may not have legal training or are representing themselves, also known as, self-represented litigants.