Legal Aid Service Delivery in Rural and Remote Communities across Canada: Issues and Perspectives in the Context of COVID-19
Part E: Conclusions
Moving forward, what should be the focus to create maximally effective service to persons with legal needs in rural and remote areas of the country? The findings from the two data collection methods used in this study lead to the following conclusions:
- Consumer types – the four primary needs groups in rural and remote areas are Indigenous persons, isolated women, seniors and tenants. These groups are not mutually exclusive. This study did not receive feedback that the needs of these groups are being ignored, but simply that ongoing outreach to them is important.
- Legal needs – criminal and specific family issues were identified as the main areas of need for rural and remote legal aid clients. While these have long been areas of need, housing-related matters were also emphasized by many respondents as a major emerging area of concern, due to shifts in the economy and the impacts of COVID-19. There is also a related and growing need for assistance in accessing government services.
- Language needs – for the most part, language needs have been described as manageable. Two areas where they are more prominent are in Labrador and in parts of Nunavut.
- Technology – this can be characterized as the largest area of change related to serving legal needs. It carries with it both major advances and efficiencies for deliverers of legal services and their clients in rural and remote areas, but also significant difficulties for pockets of consumers in those areas. There is a divide between those who can use technology to deal with processes remotely and thereby lessen the need for travel and in-person attendance, and those who lack cell phones, computers and/or the knowledge of how to use them. Thus, to serve rural and remote populations effectively, the employment of technological processes needs to be flexible, so that it is optional for some consumers. This issue is also related to the development of community partnerships (see next point).
- Partnerships between legal service deliverers and social or community agencies are important in order to maximize access for consumers in rural and remote areas. If service delivery is located in local community agencies for certain days, it reduces travel time for consumers (and providers in some instances), and may serve to connect users with additional services related to their case. Some health services provide transportation for their users, which could be advantageous for legal users in rural and remote areas.
- The use of Public Legal Education and Information (PLEI) materials did not feature as a significant component of the activities of legal services clients in rural and remote areas in this study. This may be associated with lesser use of technology among clientele, as reported by some respondents.
- The shortage of lawyers and judges who are located in smaller rural communities makes it difficult to consistently address legal needs in these areas. Approaches to incentivize lawyers or provide core funding for regional clinics are suggested.
- With few exceptions, respondents reported few monitoring and/or evaluation initiatives in their jurisdiction that might provide more information about rural and remote demand for services.
- The COVID-19 pandemic forced the legal system and clients to make technological adjustments in order to have cases proceed. In some cases, the use of technology to facilitate remote proceedings has been a boon and may become the new norm. However, as noted above, it is also a challenge for many clients, so across-the-board implementation is not advisable if the needs of rural and remote clients are truly to be met.
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