In honour of Access to Justice Week in Alberta, we are pleased to spotlight the crucial work of the National Action Committee on Access to Justice in Civil and Family Matters, which brings together people and organizations across Canada to work towards improved access to justice for all. Patricia Hebert, K.C. is the Canadian Bar Association representative to the Action Committee, and she shares valuable insights into the role of the Action Committee and how the legal profession can make a meaningful difference in creating a more justice and accessible system.
LAW MATTERS: What is the purpose of the Action Committee, and how does it work to improve access to justice in Canada?
PATRICIA HEBERT: Established in 2007 by Beverley McLachlin, the then-Chief Justice of Canada, the Action Committee brings people together from all corners of Canada’s justice community, including provincial collaboratives, governments, the Bench, Bar, not-for-profits, academic institutions, and the public.
The Action Committee has as its core mission, to act as a catalyst for conversations and engagement to address pressing barriers to access to justice. It acts as a coordinating body to promote research, awareness, innovation. Its goal is to advance an inclusive people-centred, and broadly shared vision of access to civil and family justice in Canada and internationally.
The Action Committee encourages and supports research, data collection, and innovation to promote evidence-based reforms to help people understand and solve their legal problems.
LM: Over 15 years after its founding, what progress has the NAC made on improving access to justice and reaching the justice development goals?
PH: One of the core developments we have seen is access to justice being at the center of all conversations around improving and progressing our formal and informal justice system across the country. And importantly, the status of access to justice is no longer simply conversations about access to lawyers and courts.
Through Annual Summits, regional colloquia, communities of practice, annual tracking of progress across jurisdictions, and other activities geared toward national engagement, Action Committee members have shared innovative initiatives, lessons learned, and research findings to collectively support more equitable and accessible justice.
The Action Committee’s 2023 Annual Summit marked the 10th anniversary of its Roadmap for Change report, which set out the Action Committee’s goals for advancing access to justice in Canada. While considerable progress has been made in amplifying the conversation in all sectors of the justice system, and many significant initiatives have been launched to advance access to justice, the Action Committee recognizes that the overall crisis has only deepened in those 10 years.
People-centered justice empowers individuals to seek solutions and provides them with quality services throughout their justice journey. Action Committee members individually and collectively will work to understand the everyday problems people are experiencing, share their stories, and advocate for new ways to achieve just outcomes for individuals and communities.
Underlying our Strategic Framework is a shift in our perspective and a critical evaluation of long-held views of what “justice” means. We recognize the importance of access to justice in the quest of every individual for a good life, and intend to actively support that quest.
A specific action plan to advance each of our strategic goals has been developed. Projects underway include national interdisciplinary engagement, strategies to develop and promote a range of dispute resolution options, advance research, and reengage with our regional collaboratives. We are seeking to engage with the justice, health, and social services sectors to break down silos and establish partnerships with a collaborative vision.
LM: What was it that motivated you to get involved in the National Action Committee and work to improve access to justice?
PH: When I began work as a family lawyer 30 years ago, I was very interested in doing the best I could for my clients, but I became quickly aware that we needed systemic change, and that we all could contribute to something bigger than our individual businesses or practices.
The CBA gave me an opportunity to do that by participating in my local Section and joining the executive of that Section in an effort to support my own learning and best practices by my peers in our community. That led to me participating in national Sections, eventually becoming chair of the National Family Law Section. From there I was invited to work on CBA policy and advocacy on Legal Aid which was really important to me. That work brought me to the table with a team of amazing people who produced Reaching Equal Justice for the CBA in 2013. I am so proud of the group that produced that report. It was hard work, and I learned so much beyond my own practice areas about the unmet legal needs, and the role that the CBA and other organizations could play in addition to those of individuals, in meeting needs better.
I worked on some further projects to implement that report, and then was invited to follow some amazing mentors (Melina Buckley and John Sims) to take the role of the CBA’s representative to the Action Committee. These roles have been among the most rewarding parts of my entire career. It’s intense but it is energizing to work alongside this dream team of big thinkers on our A2J challenges from across the country.
LM: What are the primary access to justice challenges facing Canadians today?
PH: We know from the research of our partners that unmet legal needs remain at an all-time high. The cost of unmet legal needs, to communities and to individuals, is staggering. Although many of us are working towards solutions, the reality is that with the slow pace of change, the increase in population, the decreases in funded alternatives to support people, and the increase of complexity of the legal landscape, more people are left without resolutions. If we put people at the centre of justice and work towards giving all people access to good quality lives through the absence of legal problems, and the presence of accessible solutions, we can make effective change.
We also know that there are sectors of our population who have higher rates of unmet needs. Our partners have described that Indigenous people, remote communities, youth, and new immigrants particularly lack legal supports. Meeting people’s needs better in large-scale impact areas like family law, has always been and continues to be critical to the wellbeing of our communities and the next generation. We need big changes to meet those needs in any improved way over the next decade.
LM: What can members of the legal profession do in their own communities to help improve access to justice?
PH: Get involved. There was nothing special about my journey. I just took a step forward as a fairly junior lawyer, and found an opportunity to volunteer where some help was needed. It was before I had much knowledge or expertise, but I had interest, passion and time. One role led to another and then another. Find your path to bring the skills and passion that you have, wherever it lies. If you need ideas, read Reaching Equal Justice or Roadmap for Change, as both are still relevant, or reach out to an organization that is already on the ground doing this work.
We all need to be part of the culture shift and see ourselves as problem-solvers. Whatever the path may be to solving a problem for an individual client, whether it is through legal tools, or practical ones, find those which get the client closer to the goal of a problem-free life. And when we bring like-minded people together to work on projects, whether it is support for legal aid, individual legal services projects, pro bono activities, or policy and legislative reform, we keep people at the centre and give of our skills and abilities where we can. As we said in Reaching Equal Justice, we have to think globally but act locally. That is still good advice.
Visit www.albertaaccesstojustice.com for more information about Access to Justice Week and how you can get involved.