A Shared Commitment to Access to Justice

Access to justice is a phrase we hear a lot these days—from CBABC in our Agenda for Justice, all three levels of court in our province, the non-profit organizations working hard to assist the citizens of our province, and from the government who relies on access to justice to justify the introduction of the Legal Professions Act.

Running a small law firm in a small community shapes both my understanding of access to justice and my perspective on what is needed to advance it. As the 2025-26 president, it has been my goal to hear from as many lawyers in as many communities across the province as possible about what it means to them. And, by doing so, to help CBABC better know how we can provide our members with the knowledge, skills, and community to tangibly increase access to justice.  

Thanks to the incredible staff at CBABC I had the opportunity to meet with lawyers, law students, and judges in the Kootenays, Vancouver, Kamloops, Victoria, Kelowna, Port Coquitlam, Surrey, Burnaby, Nanaimo, Duncan, Terrace, Hazleton, Parksville, Smithers, Prince Rupert, Prince George, North Vancouver, Courtenay, and Campbell River.

Through my travels, I have been privileged to meet with many hardworking, committed lawyers who are passionate about serving their clients and their communities. Through conversations in courthouses, law offices, community service offices, and local restaurants, I heard about the many challenges lawyers around our province are facing and how those both impact and define what access to justice means for them. I am going to discuss the four most prevalent problems.

First, there are not enough local lawyers to do the work in rural and remote communities, particularly legal aid criminal defense, family law, and child protection lawyers. While I heard that legal aid lawyers are available remotely to clients, I also heard that a lack of understanding about local resources and supports, and a lack of awareness of the reality that some clients do not have access to reliable technology, seriously impacts the benefit of remote representation. If a matter doesn’t resolve and looks like it will proceed to trial, a remote lawyer will sometimes remove themselves from the record because they either don’t want to travel to a remote community for the duration of the trial or are unable to get approval for the funding. A change of counsel usually results in delays, which has significant impacts in the areas of law covered by legal aid.

Second, the physical location where court is held in some rural and remote communities that do not have a purpose-built courthouse can feel unsafe. I heard about one space so small that there was literally no way to prevent a complainant and an accused in a sexual assault hearing from being in close physical proximity. I heard acknowledgment that everyone in the justice system is doing the best they can with what they have, but I also heard about the negative impact this kind of experience has on a community’s confidence in the justice system.

Third, and this is an issue we have heard about from the Courts as well¹, there is a serious risk of delays to criminal trials and an increased risk of stays of criminal proceedings in rural and remote communities because of the inability to transport and house accused persons during their trials. When a change in policy of external institutions (in this case police forces) impacts the ability of the justice system to deliver timely and procedurally fair access to justice for the participants and the community, it is far too easy to lose confidence in the justice system as a whole.

Fourth, I heard that the cases proceeding to trial are increasing in complexity and, as a result, in duration. This challenge either exacerbates or is exacerbated by the three other challenges described above.

While these problems are ongoing and it will take time and concerted effort to make tangible headway to resolve them, I also know that the commitment to access to justice is strong—not only from lawyers but from all three levels of our courts. At the beginning of his tenure, Chief Justice Marchand said that “one of my top priorities as Chief Justice of BC will be to ensure we have a justice system for all.”²  Chief Judge Gillespie has made impactful changes in the Provincial Court and says that “(r)emote attendance options provide the flexibility to support greater access to justice for those living in remote communities, vulnerable people, and those unable to attend court”³.  And Chief Justice Skolrood recently expanded access to virtual hearings and video appearances in civil and family proceedings as “part of a larger strategy to modernize the civil justice system, make efficient use of judicial resources and improve affordability and increase access to justice.”⁴

During my year as president, I have had the privilege of spending time with each of these leaders and I am inspired and encouraged by the deep commitment each one of them has—and that they also hold collectively—to ensuring that the courts continue to take concrete steps to ensure that everyone in this province has access to our justice system. I was fortunate to be able to share that encouragement and inspiration while on my travels.

I can’t finish this column without mention of the Legal Professions Act and the government’s stated position that a primary aim of this legislation is to increase access to justice for people in B.C. Many people, including those of us at CBABC, have asked exactly how the LPA will achieve this aim. To date, the answers have been less than satisfactory. But, to borrow from Chief Justice Marchand, I describe myself as an optimistic realist. And, while we remain uncertain as to how the LPA will make the kind of impact that is so clearly needed in increasing access to justice across this province, I will take heart in the fact that it is a stated goal of the government. I will also continue to be grateful and inspired that access to justice is a priority for the leaders of our courts, for lawyers working in communities around the province, and of course, for CBABC.

1. B.C.’s rural criminal trials have a transportation problem, Supreme Court warns Global News, May 1, 2026
2. Welcome from the Chief Justice Access to Justice BC, Feb 4, 2024
3. Chief Judge Melissa Gillespie on being open to change at the Provincial Court of British Columbia Canadian Lawyer, Oct 3, 2023
4. Expansion of Virtual Hearings in Civil and Family Proceedings Supreme Court of BC, Mar 31, 2026