Privatizing Our Public Civil Justice System

Abstract:     
At every level of the system - starting with the federal government itself - a strong preference is being voiced for getting cases out of the public stream and into a typically private, or at least confidential, alternative stream. Small claims courts, provincial superior courts, the Federal Court, and provincial and federal administrative tribunals have all developed alternatives to traditional, more formal investigation and hearing processes. These are in addition to the already available informal private tools of negotiation, mediation and arbitration typically available outside of a formal court or tribunal setting.

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