Appendix C: Case Study Summaries

Case study: Access to justice in underserved communities

Focus

This case study examined the extent to which the Initiative has successfully reached traditionally marginalized individuals or communities to help address their legal-related needs or challenges. The case study focused on four organizations that have been funded by the Initiative:

Policy Context

It is well established that many individuals in Canada face challenges and barriers when it comes to accessing the justice system and, more broadly, relevant information about their rights and responsibilities. The systemic bias and discrimination found in the justice system itself has also been acknowledged by the Supreme Court of Canada.

Since the Initiative is specifically focussing on access to justice, it is important that its reach include individuals and communities that are traditionally marginalized and disenfranchised. This is aligned with the requirement found in the federal Directive on Results that all programs include GBA+ considerations in their ongoing management.

Needs Addressed

There are multiple sub-groups of individuals within each official language minority community that include more marginalized and vulnerable individuals who face systemic barriers as a result of any number of identify characteristics such as gender, age, sexual orientation, geographic location, income, literacy, or race. The activities undertaken by the funded organizations covered by this case study address important needs to access legal information and support, particularly in the areas of family law (child support, child protection services, separation and divorce), family violence, housing, labour and employment, succession law, immigration law, and criminal law.

In order to adequately support more marginalized individuals and communities, considerations must also be given to the strategies used to reach them. Using organizations that already work closely with marginalized individuals and communities, and have built trusting relationships, is seen as a best practice.

Activities and Results

The COVID-19 pandemic has had significant negative impacts on the ability of funded organizations to pursue their traditional outreach activities, which are heavily focused on in-person interactions and engagement. This approach continues to be seen as the most effective in providing assistance on legal related questions and matters. As such, the funded organizations intend to resume in-person activities once the public health directives concerning the pandemic allow for this to happen.

In the meantime, the funded organizations have provided on-line services and sessions using tools such as Zoom and Facebook, as well as using media such as community-based radio stations, to provide legal information and assistance. Based on these activities and the feedback received, the funded organizations will also continue to expand their services and the reach of their activities.

In the specific case of the AJEFO, the organization has adopted a policy on diversity and inclusion, which applies to all employees, board members, volunteers, and members of the organization, and guides all of the strategic planning and implementation of its programs and activities.

Case study: Language training

Focus

This case study examined the range of funded activities that support language training for those holding various positions in the justice system, in order to enhance the overall capacity of the justice system to operate in both official languages. The case study focused on five organizations that have been funded by the Initiative:

Overview of the Ecosystem

Ensuring access to justice in both official languages requires that a wide range of stakeholders in the justice system, including judges, prosecutors, defence lawyers, court support workers, probation officers, police officers, and other related professionals be capable of communicating in both English and French. This is particularly crucial considering the language provisions that have been contained in the Criminal Code, and those that are being implemented in the Divorce Act. While there are a number of organizations in Canada that provide language training, very few provide such training in the specific context of the justice system.

Enhancing the language capacity of justice stakeholders requires the development of appropriate training materials, the delivery of training sessions, and the assessment of the competencies acquired to date, and those needing to be further developed.

Activities and Results

Over time, the Initiative has funded a range of activities that have incrementally enhanced the capacity of stakeholders in the justice system to access training that specifically reflects the legal environment in which they operate. At the time of the case study, the following services were offered:

The Initiative has been pivotal in building the scope and reach of training opportunities offered to justice stakeholders. As new needs emerge, these stakeholders have the opportunity to coordinate their efforts and adapt their strategies. In addition, to maximize the impact and outcomes of these efforts, close collaboration and coordination is critical, particularly through the RNFJ. Finally, there are also opportunities for stakeholders to enhance their ability to document the impact of their activities.

Case study: Access to justice in English in Quebec

Focus

This case study examined the range of funded activities supporting access to justice in English in Quebec. While taking into account the various projects funded in the province, it focused on the following three organizations, which reflect the range of activities funded:

Overview of the Ecosystem

Individuals residing in Quebec have the right to access justice in both English and French, covering civil, administrative, criminal, and public law. The English-speaking community in Quebec constitutes approximately 12% of Quebec’s total population, and close to 60% of English-speaking individuals in Quebec reside in Montreal, while the remaining portion is predominantly found in the Montérégie, Laval, and the Outaouais region. To ensure proper access to justice in English, key stakeholders in the justice system must be able to communicate in both English and French, and citizens must be able to access legal information in both languages. This means that the legal terminology, particularly for civil law (which was first created in French), must be established in English. Additionally, proper language training and information awareness activities need to be conducted in English throughout the province and in a manner that adequately meets the needs of the diverse communities served, including underrepresented or marginalized communities.

While some training has been supported by the Initiative, particularly for provincial judges, the majority of the funds invested in the province of Quebec has been directed to legal information (both for the creation of the materials and the provision of activities to communicate the information).

Activities and Results

The following activities were undertaken by the funded organizations covered by the case study: