Access to Justice for All: Towards an 'Expansive Vision' of Justice and Technology

Windsor Yearbook of Access to Justice, Volume 31, Issue 2 (2013)

26 Pages Posted: 13 May 2015

See all articles by Jane Bailey

Jane Bailey

University of Ottawa - Common Law Section

Jacquelyn Burkell

Faculty of Information and Media Studies

Graham J. Reynolds

University of British Columbia (UBC), Faculty of Law

Date Written: 2013

Abstract

The Canadian dialogue regarding access to justice has taken an important turn in the last few years, more robustly conceptualizing what is to be accessed (“deliverables”) and who is intended to benefit (“beneficiaries”), as well as recognizing that access to justice initiatives that benefit some citizens or groups of citizens cannot be presumed to benefit all citizens. Recent initiatives shift focus away from particular kinds of deliverables (e.g. access to lawyers and courts) and/or particular groups of beneficiaries (e.g. the middle class) toward a more “expansive vision” of access to justice. The expansive vision not only integrates and prioritizes a variety of deliverables, but also explicitly recognizes that socioeconomic and other structural differences among citizens affect their respective abilities to benefit both from the justice system itself and from initiatives designed to improve access to justice. These developments hold important promise not just for responding to what has been called an access to justice “crisis” in Canada, but also for tailoring responses in ways that are mindful of the differing needs and situations of all citizens. In this paper, and in keeping with this expansive vision, we argue that this more robust approach to access to justice must also be brought to bear on the specific dialogue around access to justice and technology.

Keywords: Access to justice, technology, law, cyberjustice, social justice

JEL Classification: K40, K41, K49

Suggested Citation

Bailey, Jane and Burkell, Jacquelyn and Reynolds, Graham J., Access to Justice for All: Towards an 'Expansive Vision' of Justice and Technology (2013). Windsor Yearbook of Access to Justice, Volume 31, Issue 2 (2013). Available at SSRN: https://ssrn.com/abstract=2605462 or http://dx.doi.org/10.2139/ssrn.2605462

Jane Bailey (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 ext. 2364 (Phone)
613-562-5124 (Fax)

Jacquelyn Burkell

Faculty of Information and Media Studies ( email )

FIMS and Nursing Building, Rm. 2050
London, Ontario N6A 5B9
Canada
5q9-661-2111 ext 88506 (Phone)

Graham J. Reynolds

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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