Is access to the profession access to justice? Lessons from Canada

Abstract

Canada, and within it the Province of Ontario, has not had a new law school in over 30 years. A combination of factors discussed in this paper has caused access to the profession to be quite limited. At the same time, the cost of legal services has increased, putting legal representation outside the reach of the lower and middle classes. In addition, diversity within the legal profession has not improved, leading to the perception of a profession dominated by 'old white males'. The paper discusses whether in light of these factors, greater access to the legal profession, in terms of absolute numbers coupled with the removal of societal barriers, would lead to improved access to justice for Canadians.

Shouldn’t the bench be a mirror? The diversity of the Canadian judiciary

“…Once these lawyers are put through the vetting of committees and the relevant government's approval, even fewer are appointed to the bench. As we wrote elsewhere, it is as if the pipeline is in fact a funnel or a filter, which serves to exclude at every stage of a professional legal career persons from underrepresented communities (Levin and Alkoby, 2013). This pattern creates a heavier burden for lawyers from diverse communities, particularly those who enter the profession at an older age for reasons related to their underprivileged background.…”