Agenda For Justice

Innovations. Solutions. Resources.

CBA Alberta is pleased to present Agenda for Justice 2023. As lawyers, CBA Alberta members have an interest in ensuring the system of administration of justice is as effective as it can be. As taxpayers, we have an even bigger interest in the return on investment that is provided by an adequately funded and appropriately functioning justice system. The Agenda for Justice provides a roadmap for action to improve our justice system for the benefit of all Albertans.

More than 30 recommendations in the key areas of Access to Justice, Family Justice, Specialized Courts, Court Modernization, Judicial Independence, and Constitutional Democracy address everyday situations affecting people in Alberta. Our Agenda for Justice offers concrete suggestions where the legal community and the Alberta Government can work collaboratively to move families and communities forward.

Members of our Association welcome the opportunity to discuss our recommendations in more detail and to answer any questions. Please contact mail@cba-alberta.org.
 

Download Agenda for Justice 2023

Explore the six sections of Agenda for Justice 2023 below, as well as our background research. As we approach the 2023 provincial election, we will continue to update this page with resources and tools for speaking with candidates in your area and advocating for a better functioning justice system for all Albertans.

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Access to Justice
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The cost of legal representation is out of reach for many lower-middle and middle-income Albertans, resulting in many choosing to represent themselves. Evidence shows that self-representation is costly to the system due to fewer out-of-court settlements, and delays due to more court bookings and hearings. CBA Alberta commissioned analysis showing that investing $4-6 million/year in supports for self-represented litigants could save $11 million/year, potentially more with increased investment. We believe this would also yield more satisfactory outcomes.

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Family Justice
A family holding paper cut outs of two parents and two children in their hands

Family law cases account for over 35% of all civil court cases. In the Alberta Court of Justice, at least 40% of all family matters have at least one unrepresented litigant. Research shows that family conflict is toxic, particularly for children. Innovations in family justice would not only save court time (and thus costs), but reduce long term impacts on families such as students doing poorly in school due to stress, and parents being less productive at work and less adept at parenting.

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Specialized Courts
a photo of a road snaking through a forest

Specialized Courts, such as Drug Treatment Courts and Indigenous Courts, are both therapeutic and problem solving, meeting the goals of the justice system, improving outcomes, and reducing costs to taxpayers due to outcomes that move the dial rather than continue the cycle. Restorative justice is a strategy in which, rather than focussing on sentencing, offenders meet with a facilitator to acknowledge the harm to the victim and community and make a plan to repair that harm.

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Court Modernization
looking up at a modern office tower

Reforms made during the COVID-19 pandemic included the capacity and use of virtual courtrooms and digital filing of court documents. While these were introduced to react to a crisis, several can continue to be used to simplify and speed up dated legal processes. For example, the KB Digital Justice Filing Service simplified and clarified many of the issues that arose from email filing and has allowed for easier filing for a vast array of documents while simultaneously reducing the cost. Additional functionality might allow for the ability to perform searches and obtain copies of filed documents, access public information faster, expand to Alberta Court of Justice filings, and potentially open the system to non-lawyers, similar to what has been done in British Columbia.

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Judicial Independence

alex-pugliese-u2tSj5H3rXQ-unsplash_sq.pngThe Supreme Court of Canada has determined that judges’ compensation should be set by an independent commission. When governments reject the recommendations of the commission, it undermines the independence of the judiciary by interfering in the structure that was established to protect that independence. Judges must protect their independence, even from the government, part of which is to force the government to follow the rules for setting judges’ compensation.

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Constitutional Division of Powers

shubham-sharan-oa7OyUqNs5E-unsplash_sq.pngWhen unconstitutional legislation is introduced, and court challenges are inevitably unsuccessful, the general public does not understand the jurisdictional nuances. Instead, they may see a system that is unfair and against their interests. This undermines the respect that Canadians should have for our democracy in which the levels of government maintain a necessary division and separation to ensure that the local and national interests of Canadians are properly maintained. When the judiciary’s power in rejecting unconstitutional legislation comes under attack, our democratic system of government will be attacked as well.

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Background Documents

Appendix I: Cost and Saving Modeling for Legal Aid Funding

This report examines the relationsjip between legal aid funding and the overall public sost of Alberta's court system. There is strong evidence to support the assertion that because legal aid funding reduces the rate of self-represented litigants, there is a commensurate reduction in the burden that self representation places on other court resources such that increased legal aid funding would produce a net public savings.

Appendix II: Public Opinion Research

Nanos Resarch conducted focus groups and public opinion polling on behalf of CBA Alberta in April and May 2020. The results of this research demonstrate that Albertans support more investment and innovation in our justice system, and see this as a priority for the government.