Delays in the Justice System and the Rise of Vigilantism
Slaw.ca recently published an article on he Breakdown of Trust: How Delays in Canada’s Justice System Foster Vigilantism.
It is written by Travis Dods of the Canadian Forum on Civil Justice (CFCJ):
"The Canadian justice system has long grappled with delays, but recent figures underscore a crisis of unprecedented proportions (...) As an example, data from the post-pandemic Tribunals Ontario 2021-22 Annual Report revealed that the four largest tribunals in Ontario ... were burdened with a collective backlog of over 67,000 cases."
"This staggering number translates to real, life-changing consequences for individuals awaiting justice. Parties face extended trauma, enduring persistent anxiety as they seek closure on some of the most distressing experiences they likely have ever encountered. More broadly, these delays undermine the public’s confidence in the justice system."
"The frustration stemming from the principle of 'justice delayed is justice denied' has led to real-world consequences, with individuals abandoning the justice system and turning to extralegal means to resolve their disputes. For instance, in response to growing backlogs at the Landlord and Tenant Board, legal clinics have reported a rise in 'self-help' methods used by landlords and tenants, such as illegal lock changes or withholding rent. While these actions may sometimes be understandable given the circumstances, they reflect a troubling shift away from formal legal processes toward a preference for immediate, and often unlawful, resolutions. Perhaps the most alarming of these extralegal methods is vigilantism."
The article explores examples of vigilantism from Canadian history and proposes avenues for restoring faith in the system.
The CFCJ is a national non-profit organization that works to advance civil justice reform through research and advocacy.
Labels: access to justice, courts
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