Canada’s justice system is at an access to justice (A2J) tipping point. Society depends on a functioning justice system and the system must be accessible to those it is designed to serve. However, this is increasingly not the case. This is a pressing and urgent problem that requires innovative solutions to solve.

An accessible justice system is one with the “necessary institutions, knowledge, resources and services to avoid, manage and resolve civil and family legal problems and disputes … in ways that are as timely, efficient, effective, proportional and just as possible.” Upwards of 12 million Canadians will face a serious legal issue in the next three years, and the vast majority will go unaddressed. Clearly there is a problem here.

One symptom of Canada’s A2J problem is the rise in self-represented litigants (SRLs). Research continues to show that the number of SRLs is increasing. Most family cases now involve at least one SRL, and the consequences are alarming. A recent study revealed that SRLs increase legal costs for the parties, make settlement less likely, lengthen proceedings, and generally achieve worse outcomes. In the context of family law this inadequacy can pose severe risks to health and personal safety. Furthermore, self-representing also causes stress-related consequences, financial repercussions, and social isolation. The SRL phenomenon is an ill omen for the efficacy and accessibility of our justice system.

The legal system is frustrating, complex, and challenging to use. Online resources have been lauded as the solution to some of those problems. There is now a vast array of online resources available to the public such as ClickLaw, MyLawBC, the Justice Education Society and CanLII. There are also plain language, free-to-access, and SRL-targeted “primers” on offer. However, the sheer volume of these materials may itself be a problem. Utilizing the materials requires a baseline level of understanding, knowledge and comprehension, and it’s difficult to even know where to start.

Photo credit to Steve Copley on igcseict.info, found at: http://www.igcseict.info/theory/7_2/expert/

Expert systems overcome some of the barriers posed by traditional online resources. An expert system is a type of computer program which embodies the expertise and knowledge supplied by human experts and that uses artificial intelligence to provide inferences for users. Imagine the power of a legal app which elicits information and sifts through the multitude of available online materials for free (or low cost), accurately, and quickly. LegalAve does this through its “guided pathways.” My Legal Briefcase helps “ordinary people” handle cases without a lawyer. Thistoo (a fee charging app) is designed for SRLs navigating divorce cases. All share one commonality: they use expert systems to provide swift, accurate direction toward the resolution of legal issues.

Expert systems and legal technology have real promise to address A2J issues. Over 75% of Canadians own a smartphone, and for many their phone is the primary tool for accessing the internet and finding information. Legal apps for mobile phones reach a large audience, are low cost, and harness expertise for the lay user. If Canada’s justice system is indeed at a tipping point, legal apps are a well-suited, timely solution.