Access to justice is a fundamental human right, ensuring that everyone has the opportunity to seek legal remedies and protections. It is crucial in promoting equality and fairness in society.

The justice gap, which refers to the disparity between those who have access to legal services and those who do not, is a significant issue in Alberta.

Vulnerable populations, including low-income individuals, Indigenous peoples, and newcomers, are disproportionately affected by this gap.

In this article, we will explore the issue of access to justice in Alberta, including the barriers that vulnerable populations face, the legal resources available to them, and initiatives underway to improve access to justice in the province.

The Justice Gap in Alberta

According to a 2018 survey by the Canadian Forum on Civil Justice, 48% of Albertans who experienced a legal problem did not take any action to resolve it, and only 8% received assistance from a lawyer. This statistic reveals the significant justice gap in Alberta, indicating that many individuals do not have access to the legal resources they need.

Moreover, the justice gap disproportionately affects vulnerable populations. For example, Indigenous women are three times more likely to experience violence than non-Indigenous women, yet they face systemic discrimination when trying to access justice services, leading to further marginalization.

Legal Aid in Alberta

Legal aid is a government-funded program that provides legal services to low-income individuals who cannot afford a lawyer. In Alberta, Legal Aid Alberta is responsible for delivering legal aid services to eligible clients.

While legal aid provides assistance for a wide range of legal matters, including family law, criminal law, and immigration law, eligibility requirements must be met to receive legal aid. For example, an individual’s income must fall below a certain threshold, and their legal matter must meet specific criteria. Additionally, some types of legal aid, such as representation in court, may only be available in certain circumstances.

Despite these limitations, legal aid remains a vital resource for vulnerable populations in Alberta. In 2019, Legal Aid Alberta helped over 80,000 individuals access legal services. Of these individuals, 60% were women, and 25% were Indigenous.

Free Legal Clinics

Free legal clinics are also available in Alberta and provide legal advice and assistance to individuals who may not be able to access legal aid. These clinics are typically staffed by volunteer lawyers who provide pro bono services.

While free legal clinics can be particularly helpful for individuals who need assistance with specific legal issues, such as tenancy disputes or employment law matters, they may not be able to provide full representation in court, and their hours may be limited.

Pro Bono Services

Pro bono services are legal services that are provided for free or at a reduced rate. Many law firms and individual lawyers offer pro bono services to individuals who cannot afford a lawyer. Pro bono services may include representation in court, legal advice, and assistance with legal documents.

Vulnerable populations who may not meet the eligibility requirements for legal aid or who need assistance with specific legal matters can benefit significantly from pro bono services. However, pro bono services may be limited in availability, and the quality of services may vary depending on the provider.

Initiatives to Improve Access to Justice in Alberta

Several initiatives are underway to improve access to justice in Alberta. In 2020, the Alberta government announced funding for a new community legal clinic in Edmonton that will provide legal assistance to low-income individuals. The clinic will be staffed by lawyers and law students and will focus on providing services to Indigenous peoples and newcomers. This initiative aims to bridge the justice gap and ensure that vulnerable populations have access to legal resources.

Access to Justice Issues Alberta

There are many access to justice issues and people who have a problem with their lawyers.

Many people who feel wronged by another individual or company initially feel excited about starting a lawsuit to “get justice.”

When these individuals initially reach out to a law firm, they often speak of getting “the truth” out in the open.

These individuals are in for a rude awakening.

As we have seen with the criminal case of Meng Wanzhou, those that can afford top-quality lawyers can avoid issues quite easily through the courts.

For the average person who can’t or won’t spend tens of thousands of dollars on legal fees, justice is more of a theoretical concept than a reality.

Clients Have Unrealistic Expectations

Many individuals and small to medium-sized businesses have no understanding of how long, complex and expensive litigation is.

They assume their lawyer will just show up in court, show the judge the “evidence”, and the judge will make an immediate court order.

There will be no delays or adjournments, and the opposing side will have nothing to say.

Once the judge makes the court order, the client believes that the other side will immediately pay up and won’t appeal the case.

This sort of thinking comes from Hollywood and has no basis.

In legal TV shows or movies, the court part of the dispute is just the exciting part of the closing arguments.

You Can Get As Much Justice As You Can Afford

Here is how the litigation plays out in the client’s mind. Let’s say the lawyer’s hourly rate is $400/hour, which is an average fee.

The lawyer has to prepare for court for only one hour, and then the hearing would take only thirty minutes.

In total, that’s $600 in legal fees for the trial. Anyone in the legal industry knows this is nonsense. A three-day hearing can cost $60,000.

Outside of the countless back-and-forth emails, there are problems with the system.

Once a lawsuit is started and both sides have filed their positions, either side can file an application to the court at any time.

Adjournments and delays are common.

Litigation Goes On For Years

Court applications deal with many issues that can happen before the trial date.

Let’s say you hire a lawyer, and the other side wants to get a court order to change their position or the paperwork they filed.

Your lawyer might have to speak to the judge for ten minutes in court.

The lawyer charges $400/hour, and they must spend three hours getting ready for the hearing. There are filings that must be done before the hearing.

The lawyer must be ready to answer any questions from the judge.

During the hearing, your lawyer might have to wait a few hours to get heard.

You can easily spend $2000 on legal fees for something that only takes ten minutes. This situation happens often.

This leads some people to not trust their lawyers, even though it’s not the lawyer’s fault.

They will blame their lawyer for allowing the other side to rack up their bill by $2000 so easily.

For this reason, many people fire their lawyers. They then decide they can save some money and try it themselves.

The number of documents required during a lawsuit can be shocking in both their number of pages and their complexity.

The average person doesn’t stand a chance against an experienced lawyer.

Judges Are Also Unhappy With The System

Judges often get annoyed when someone comes to court with legal advice that they got from Facebook or Youtube.

Also, many of these self-represented individuals (people without a lawyer) do not know the rules of the court.

They forget to file things, and then adjournments are often graciously ordered by the judges.

To try and prevent people that don’t know what they are doing from filing random paperwork, judges can make the person without a lawyer pay the other person’s legal fees.

The judges want to make sure that they are accountable for their actions.

The courts are hit with applications and appeals from self-represented individuals that a judge would never accept.

I have seen a judge issue a “fine” of $12,000 against a lady from someone who didn’t want to fly to a nearby city to be questioned by the lawyer for the other side.

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Access to Justice Alberta: Your Guide