#TalkJustice

#TalkJustice is an initiative of the Access to Justice Coordinating Committee, bringing the public voice to justice reform. Go to ‘Share your story’ above and help improve how justice and legal services are delivered in Nova Scotia!

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Special #TalkJustice edition of The Society Record

Delve into the new edition of The Society Record for essays, poems and reflections inspired by the #TalkJustice initiative.

Many thanks to two guest editors who gathered a number of contents for the special #TalkJustice cover feature: Halifax writer and educator El Jones and “R.”, a resident of a provincial corrections facility.

See the new edition on the Nova Scotia Barristers’ Society website for these articles and more:

The power and potential of ‘finding voice’ and listening – El Jones, Guest editor

Joining the justice conversation – ”R.”, Guest editor

Senator Kim Pate: Issues of criminalization and imprisonment 

ESSAYS & POEMS by residents of provincial institutions

50 Shades of Brown – a poem by Killa Atencio

National recognition for “Untitled: The Legacy of Land in North Preston”

#TalkJustice: What’s next? – Jane Willwerth, NSBS Strategy & Engagement Officer

Our most vulnerable – Paul Vienneau

#TalkJustice in the community

A young voice of resilience and a judge who listened – Ammy Purcell

Community conversations inform justice improvements – Emma Halpern, NSBS Equity & Access Officer

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Reflection on a #TalkJustice community exchange

Charlotte Sullivan is a Dalhousie University student who is completing a practicum with the Equity & Access Office of the Nova Scotia Barristers’ Society. Below, she reflects on her experience at a recent community exchange event co-hosted by United Way Halifax and the Nova Scotia Barristers’ Society. The opinions expressed in the article are hers.   

On January 26, 2017, community leaders and members of the legal profession gathered in downtown Halifax to discuss the #TalkJustice project. This initiative is designed to identify and amend problems in our justice system by gathering the stories of Nova Scotians who have interacted with it in some way. Preliminary results from the first phase of this research are expected in June. In the meantime, the Nova Scotia Barristers’ Society and other partners in the Access to Justice Coordinating Committee are aiming to gather as many stories as possible. “Eighty-five per cent of Canadians with legal needs do not interact with the justice system in a formal manner,” Darrel Pink, the Society’s executive director, said during his opening remarks. This statistic is staggering. Why does this massive majority of individuals who require legal services avoid resorting to our judicial system? For many, unfortunately, it all boils down to a lack of accessibility. Our legal system is convoluted and bureaucratic, not to mention financially inaccessible for the average Canadian. For someone without a legal education, it can seem daunting and sometimes even impossible to seek out legal assistance. Pink goes on to say that it is our imperative to provide access to all. As I listen to the testimonials of community members, I hear it affirmed again and again – the truth about our justice system is that it is designed to serve some individuals at the expense of others. Adam Craft, from the Metro Non-Profit Housing Association, discusses the classism inherent in accessing legal justice in Nova Scotia. He mentions the difficulties that many people in the Halifax area have had in securing adequate housing and that often, landlords will get away with providing substandard housing to tenants with the assumption that these tenants will not have the education or the means to fight for their right to a decent place to live.

Julie Chamagne, executive director of the Halifax Refugee Clinic, talks about the experience of a Libyan woman who was afraid to seek help in a case of serious domestic abuse because of her immigration status. She considers what justice looks like for people who do not have Canadian citizenship, and talks about language as a barrier to accessibility: refugees will often require interpreters in seeking this sort of help. This centres and privileges native English speakers within the justice system. She also notes a distinct lack of resources available to help dissolve these barriers. We hear from Rodney Small of Common Good Solutions and Denise John of the Mi'kmaw Native Friendship Centre that the issues faced by BIPOC (Black, Indigenous and people of colour) folks in Nova Scotia are exacerbated by historical tensions and traumas. I was particularly struck by Small’s personal story of growing up in Uniacke Square. He tells the room that in his community, some people dealt drugs to feed their families and to rise above turmoil. His own run-in with the law happened when he was 15 years old. (Read about it in this article, How a landmark case heard 20 years ago shaped a black teen at the centre of it, CBC News, March 10, 2017.) Small recalls a good experience with the justice system because he had an excellent lawyer (the late Burnley Allan “Rocky” Jones), one who genuinely cared about him and involved him in the process.

As someone who aspires to work in law, this story moved me. It’s a reminder of how one person can have an enormous impact on how people interact with justice, and a reminder of just how far compassion can go. As the afternoon unfolded, I had the opportunity to listen to many stories. Some of them were good, some of them were bad. All of them helped shape my growing understanding of the institutional barriers that marginalized and vulnerable populations in Nova Scotia face in attempting to get justice. The most shocking moment of the event, for me, was listening to someone from the deaf/hard of hearing community speak about getting handcuffed and therefore being unable to communicate through signing. I had never heard this perspective before, and was immediately conscious of my own privilege because I’d never considered it. In order to make the justice system truly accessible, it also must be rid of ableism. Hearing these kinds of stories through #TalkJustice at this event has helped me challenge my own privilege, and consider more broadly the manner in which that privilege manifests itself in my personal ability to access the justice system. This kind of consultation amplifies the logic of using stories in the research methodology of #TalkJustice to determine what needs to change in our justice system. Voicing these stories is imperative to enabling real change.

Help improve how justice and legal services are delivered in Nova Scotia by visiting the Share your story tab at the top of this website. Your input will be anonymous, and it’s very much appreciated!

– Graphic facilitation by Rachel Derrah, Brave Space

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“Too many people still view our legal system as unfamiliar and intimidating. We must do better. This is about putting the public first and improving access to justice for all Nova Scotians.” – The Honourable Michael MacDonald, Chief Justice of Nova Scotia, Co-Chair of Nova Scotia's Access to Justice Coordinating Committee (A2JCC)

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#TalkJustice: We’re listening!

Help us improve how justice and legal services are delivered in Nova Scotia.

We want to know what’s working well and what could be better. Tell us about your own experience with any aspect of the justice system. A few examples:

Have you ever appeared in court?

Tried to hire a lawyer?

Started a business?

Prepared a will?

Gotten a divorce?

Helped out a friend with a legal problem?

Go here to share your thoughts and stories – anonymously. Your input will help shape the changes ahead.  

Led by Justice Minister Diana Whalen and Chief Justice Michael MacDonald, the Access to Justice Coordinating Committee (A2JCC) is responsible for this project. The A2JCC includes a public representative and leaders from the Nova Scotia Barristers’ Society, the Nova Scotia Legal Aid Commission, the Schulich School of Law and the Canadian Bar Association’s Nova Scotia Branch.

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Community speakers sharing knowledge + stories re accessing #legalservices in #NovaScotia @uwhalifax @nsbs (at Halifax Marriott Harbourfront)

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A warm #NovaScotia welcome to the Hon. Senator Kim Pate! A great turnout of #lawyers and community advocates here at NSBS today for her new course on Issues in Criminalization and Imprisonment. #barriers #workingtogether #prisonreform #WomeninPrison #socialjustice http://bit.ly/2iUYeiK (at Halifax, Nova Scotia)

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Access to Justice Week: Kym

Kym Sweeny is a third-year student at the Schulich School of Law at Dalhousie University. She is currently the Executive Director of the Dalhousie Student Advocacy Service at the Dalhousie Student Union. Kym is a single mother to her six-year-year old son and two dogs.

Note: This story does not take place in Nova Scotia but its themes are relevant across provinces, and it speaks to the need for change in each province.

When she was 20 years old and a full-time university student, Kym found out she was pregnant. Under the circumstances in which her pregnancy occurred, she wanted to ensure that the father would not have access to her or her child, among other conditions. Kym qualified for a legal aid certificate and went to seek out a lawyer who could help her navigate the family law system. 

At the time in Ontario, the legal aid system was certificate based, with private practices taking on legal aid clients with certificates. Lawyers who represented legal aid clients were paid $60/hour, much lower than normal rates. They were also limited in the number of hours they were allowed to work on the case, putting legal aid clients at a significant disadvantage. Given these restraints, lawyers might not be able to devote the necessary amount of time to a case. Being a broke student, Kym had no other option but to use the certificate.

She wanted to be completely prepped for court once her child was born, so she looked to retain a lawyer while she was still pregnant. She called around and one firm agreed to take her on. Her lawyer was a man in his fifties and throughout their entire first conversation, he seemed apathetic, uninterested and bored. Nonetheless, Kym explained her situation, as well as what she hoped to achieve by going to court. 

Right away, her lawyer was dismissive toward her requests. He told her she wasn't going to get what she wanted, asked her to compromise on quite a few of her wishes, and offered little reasoning and no alternative solutions. He did all this without showing a single ounce of compassion for her or her situation. Kym remembers starting to cry in the lawyer's office and eventually asking him how he could say such callous things. His reply: "Well, you're not my family."

After that experience, Kym decided if she was going to be adequately prepared, she would have to do her own research. She began combing through legal texts and reading through court decisions. She took precautions following her research. For example, she moved out of her city to a town three hours away, so her child would be born there and couldn’t be ordered back to the father's city of residence. As a law student now, Kym looks back and realizes just how uninformed she was on every aspect of legal research. But as an undergraduate student without any legal training, it was the best she could do.

Kym's case went to court after her son was born. Her lawyer gave her no information on what to expect and Kym still remembers shaking in fear while in the courtroom, waiting to begin. However, the judge was a woman – and she was compassionate. The judge interrupted the lawyer to ask Kym direct questions about her circumstances and what she actually wanted out of the case. 

Upon fully understanding Kym's situation, the judge then proceeded, in a roundabout way, to give her the court order she was hoping for. Kym recalls the judge saying things like "I think what your counsel meant to ask for was …" and "I'm sure your counsel meant to include …" while crafting a court order that has allowed Kym and her son the autonomy she wanted. She can still picture the big, empty hallway as she walked out of that courtroom, crying with happiness and relief.

Kym feels that having a female judge made all the difference to the case and ultimately, to her and her son. Sometimes she thinks about how their lives could be drastically different if there had not been a woman presiding that day. 

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Access to Justice Week: Jessica

Jessica Dempsey is in her third year of a management degree at Dalhousie University. She is a transgender rights advocate and an advocate for people with permanent disabilities. She also holds a B.A. in sociology and hopes to continue on to law school.

Jessica's experience with the justice system lies mostly in the realm of human rights. After facing discrimination at Dalhousie University for being a trans woman, Jessica filed a complaint with the Nova Scotia Human Rights Commission (NSHRC). Even though NSHRC uses a restorative dispute resolution process, based upon the principles of restorative, rather than punitive justice, Jessica felt the system was still inherently biased toward those who held power. 

It was a struggle to find legal representation that would take her case. She called virtually every law firm in the Halifax area, but each declined to take her case because she did not have sufficient funds. Many firms never returned her calls, and the ones that did were dismissive of her case. In the end, she represented herself and had to do all the research normally done by professionals with extensive legal training – all while still in school. 

Jessica found the human rights complaints resolution process to be un-transparent and inaccessible. She felt disempowered by the legal might of the organizations she complained against, as if the system was not structured to account for the power discrepancies that arise out of human rights violations. To top it all off, the NSHRC included her male name in her case's paperwork, which she calls a clear example of contributing to systemic transphobia.

Jessica felt the NSHRC process and final decision to deny an investigation into her complaint were not fair or even adequate: the NSHRC Commissioner meetings were closed, with no reasoning given for a decision. As such, Jessica applied for judicial review of NSHRC's decision with the Supreme Court of Nova Scotia. At the Supreme Court, she felt as if she was finally heard. 

In contrast to the NSHRC, where she felt discriminated against and disempowered, Jessica described her experience at the Supreme Court as quite the opposite, with a fair judge and transparent process. For Jessica, the chance to present her case in a courtroom, with time and space to air her frustrations to an attentive judge, was incredibly empowering. Although the judge ultimately dismissed her application, Jessica was able to tell her story. The judge listened to her and carefully considered her version of events, and that was the major difference between the two experiences. One treated her as a person, the other as less than one.

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Access to Justice Week: Masuma

Masuma Khan is a third-year International Development student from Halifax, Nova Scotia. She’s currently the Campaigns and Outreach Coordinator at the Equity & Accessibility Office of the Dalhousie Student Union.

Even as a young child, Masuma's feelings toward the justice system were fear and distrust. When she was 10 years old, she went with her older cousin to court to dispute a ticket. She remembers seeing court security officers turn the corner and she jumped back, scared out of her wits. She attributes that now to the cold, austere environment and lack of friendly faces in the courthouse.

She recounts another memory from childhood: her mother was in a courtroom, explaining her reasoning to the judge. No matter what her mother said, no matter how sound the reasoning behind the argument, the judge brushed her off. Masuma describes her mother as a strong, formidable woman who commands respect, and the way her mother was invalidated by the judge was seared into her memory.

The stories Masuma would hear about the justice system from family and friends, and her own experiences as a child, have coloured the way she feels about justice in Canada. Describing the overarching trend of these experiences as "white people telling you you're wrong," she feels disillusioned in the efficacy of the system. Or indeed, the efficacy of the system for non-white Canadians.  

It's a disillusionment with the justice system that she continues to hold today. While in Toronto, she attended a Black Lives Matter protest, a movement she feels strongly about. Yet she feared she and her friends would experience police brutality and would have no legal recourse because the justice system would be on the side of the police. While the justice system is supposed to exist to protect our civil liberties and right to speak our voice, Masuma feels as if her voice isn't valid, isn't worthy of being heard. She feels as if the justice system no longer supports those who are seeking justice.

However, when she speaks of her family's lawyer, who helped her with legal proceedings after she was in a car accident, it is in glowing terms. She attributes the difference being that her lawyer has known her all her life, that she feels comfortable with him. Her lawyer is not a part of a system that alienates her, but rather, he is a trustworthy guide to justice. When she walks into a courthouse, she feels as though its staff are threatened by her because she is a Muslim woman. But with her lawyer, she feels safe in the knowledge that he doesn't see her as a threat, but rather as a person who is in need of help.

"To find trust within the justice system is hard, but once you find it, you don't let it go."

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Not just students

University students aren’t just students. We are racialized folks, we are women, we are immigrants, and we are just as diverse as the rest of the population. Thus, we don’t experience the justice system just as students, we experience it as people. 

That being said, there are unique circumstances that separate university students from the rest of the population. Typically, we’re young adults who are stressed and thousands of dollars in debt to pay for the post-secondary education that’s increasingly necessary in today’s society. This isn’t true for some students, but it is certainly a trend.

This series of stories, shared by students living in Halifax, Nova Scotia, will attempt to highlight the unique challenges students face in accessing the justice system. Check back for Masuma’s story tomorrow!

- Angela

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Access to Justice Week

Did you know this week (Oct. 17-21) is Access to Justice Week? The Action Group on Access to Justice (TAG) in Ontario is hosting a series of events Monday through Friday in Toronto, which is sure to keep the access to justice conversation rolling.

Here at the Nova Scotia Barristers’ Society throughout the week, our practicum student Angela Hou will be posting a series of stories of university student engagement with the justice system. University students form a relatively large percentage of Nova Scotia’s population and this week, we’ll tap into the ways in which students experience our justice system. 

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The Story Circle

Angela Hou is a practicum student with the Equity & Access Office of the Nova Scotia Barristers’ Society. She recently attended a story circle hosted as part of our preparations for #TalkJustice 2.0. Here, she shares her experience:

The only time I've ever interacted with the justice system was to appeal a speeding ticket. Something incredibly mundane, and not very exciting. However, I was 14 years old, the ticket was my mother's, and she didn't have any idea how to handle it. As the best English speaker in the family, I was left to negotiate the complexities of legal language and the Canadian legal system because neither of my parents were equipped culturally or linguistically to do so. I was confused and intimidated and at the end of the bureaucratic ordeal, the legal system was still shrouded in mystery for me and my family. All this for a speeding ticket.

This is the story I told my breakout group during the Story Circle in the Mi'kmaw Native Friendship Centre.

Other stories were told that speak to how the justice system absolves itself of responsibility for injustices, stories that showcased chronic fatigue of overworked legal workers, and stories of the justice system denying the humanity of the very people it is supposed to serve. All the stories impressed upon the need for change. The need, as one participant put it, to put the heart back into the justice system.

If for me, navigating the Canadian justice system as a racialized immigrant is difficult, I can imagine it is similarly so for other marginalized groups in Canada. The only thing is, sometimes it's not just a speeding ticket. Sometimes it's a matter of life imprisonment.

The justice system is inaccessible. And if the system that dispenses justice in our country is not accessible to all Canadians, then that system is broken. The air in the room that day was charged and determined. There was a collective agreement that change must happen and that somehow, there must be enough energy to make that change happen. There is simply no other alternative.

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So many stories and ideas are being generated! We're incredibly grateful to all the organizations and individuals for their insights on positive change in our justice system! And this is just the beginning. #TalkJustice (at Mi'kmaw Native Friendship Centre)

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Prepped and ready for our second Story Circle! #TalkJustice (at Mi'kmaw Native Friendship Centre)

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Tonight, the Halifax Law Courts will host a story circle that will bring the public voice to the centre of justice system reform. Learn more at TalkJustice.ca (at The Law Courts)

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Effective engagement is about building relationships with diverse communities in order to better understand their unique justice needs.

Building relationships requires more than focus groups, town halls or surveys. It requires justice system players and the public to exist in a space where everyone feels their voice is being heard. Simple principles outlined at the event planning stage can help steer conversations toward solutions.

[Graphic recording: On January 6, Nova Scotia Barristers’ Society staff met with a subgroup of the Access to Justice Coordinating Committee – representatives from Nova Scotia Legal Aid, the Courts of Nova Scotia, the Nova Scotia Department of Justice and a public representative – to begin planning a provincewide community engagement strategy.]

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COMING SOON ON #TALKJUSTICE:  A NEW APPROACH TO JUSTICE SYSTEM REFORM

Back in January, we told you about a meeting we had with a subgroup of the Access to Justice Coordinating Committee to begin planning a provincewide community engagement strategy. Much has happened since then – we’re pleased to announce our new project.

When we asked Nova Scotians about their experiences with the justice system during the first phase of #TalkJustice, they spoke in stories. They rarely spoke of ideas for program improvement or how individual bodies within the justice system could offer their services better. They told stories about the ways in which the system failed to treat them with mutual respect, concern and dignity. These recurring themes show a disconnect between the justice system and the people it impacts.

We also discovered that the complex issues revealed by people’s stories are often too much for a single department or organization to tackle alone. The need for a larger, system-wide project became clear. The Access to Justice Coordinating Committee is designed precisely to address this level of complexity. It convened this new project, which is a process to collect the quantitative data needed to change the way the justice system engages the public, evaluates its effectiveness and designs solutions to identified problems.

Over the next several months, we’ll look at certain aspects of the justice system and also where legal issues intersect with other struggles of everyday life. We’ll examine why problems are happening, and how the justice system needs to change to put the public first.

The first round of stories will be collected at two anecdote circles in the Halifax area this September. Those stories will be used to design a questionnaire that will be posted online and shared across the province using SenseMaker® research software. SenseMaker® stores all of the responses in a central database, presenting the stories in a way that reveals patterns and relationships. Participants are able to tell their stories in their own words, while SenseMaker® provides them with the tools to explain their story’s meaning. In the end, the central database of experiences will provide the quantitative data required by decision makers to enact change in the justice system.

Be sure to stay tuned – we’ll soon be sharing more details about the project, our team and how you can get involved!

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Stories from LISNS is a new ongoing series from #TalkJustice. The series documents what happens when Nova Scotians contact the Legal Information Society of Nova Scotia to attempt to resolve their legal problems, and how those problems intersect with other “struggles of everyday life.” Certain details have been omitted to protect the anonymity of callers.

 #11:  Trying to collect a small claims debt

The caller won his case in Small Claims Court, but has spent several fruitless months trying to collect on the debt.  He cannot get enough information about the defendant’s whereabouts and financial situation, and is very frustrated.  He feels the enforcement rules protect the defendant and not the successful party.

What can the justice system learn from a story like this?

Conflict often does not end with a court decision. How can we develop new and innovative tools for enforcing judgments that fairly balances the rights and responsibilities of both creditors and debtors?

The #TalkJustice team thanks the dedicated staff of LISNS for sharing the stories in this series. To access their services, dial 1-800-665-9779 or visit legalinfo.org.