What Is Access to Justice?

Julia Bass, W.A. Bogart and Frederick H. Zemans, eds. Access to Justice for a New Century: The Way Forward (Toronto: Law Society of Upper Canada, 2005) 113-46

18 Pages Posted: 25 May 2013

See all articles by Constance Backhouse

Constance Backhouse

University of Ottawa - Common Law Section

Date Written: 2005

Abstract

The author explores how Aboriginality, racialization, gender, disability, class, and sexual identity may affect one's ability to obtain justice in the Canadian legal system.  The Canadian justice system has historically given disproportionate access to white, non-immigrant, able-bodied, affluent men while marginalizing others. Today, Canadians would prefer to forget our history of discriminatory laws and practices, impeding compensation and change that would benefit marginalized groups. As a result, historically marginalized groups have less access to knowledge and power in our justice system, and continue to be underrepresented in politics, in the legal profession, and in the judiciary. The article suggests mechanisms to make our legal system more representative of Canada's population.

Keywords: Aboriginal, race, class, sex, gender, disability, sexual, identity, justice, Canada, Canadian, law, legal, system, immigrant, equality, history, historical, Backhouse, discrimination, discriminatory, access, justice, policy, inequality, power

Suggested Citation

Backhouse, Constance, What Is Access to Justice? (2005). Julia Bass, W.A. Bogart and Frederick H. Zemans, eds. Access to Justice for a New Century: The Way Forward (Toronto: Law Society of Upper Canada, 2005) 113-46, Available at SSRN: https://ssrn.com/abstract=2263446

Constance Backhouse (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
1,209
Abstract Views
2,579
rank
18,407
PlumX Metrics