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Page 12 February 8, 2016 • Law Times www.lawtimesnews.com FOCUS It's time to rank… THE TOP 10 LITIGATION AND CORPORATE LAW BOUTIQUES Complete the survey online at canadianlawyermag.com/surveys and make your picks. SURVEY IS OPEN UNTIL MARCH 1 st Untitled-2 1 2016-02-03 9:32 AM Governments as change leaders? MARG. BRUINEMAN For Law Times T he legal profession is regularly accused of be- ing slow to change from its staunch ways. But an evolution is clearly afoot that also has governments stand- ing up and taking note, launch- ing a variety of legal innovation initiatives. In its search for a more in- novative and collaborative ap- proach, for example, the Gov- ernment of Saskatchewan justice ministry developed a justice in- novation division. The division currently has about 20 projects underway, af- fecting criminal, family, and civil processes. Kevin Fenwick, Saskatch- ewan's deputy minister of justice and deputy attorney general, points to the 5,500 civil actions launched in the province's Court of Queen's Bench in 2014. Only 17 non-family or non-criminal cases made it to trial. "We really are looking at changing the way we do justice," says Fenwick. "We realize we re- ally are here trying to change a culture." The idea of the division is to make the front end of the justice system more accessible and user- friendly, he says. Those working within the Saskatchewan justice system have become accustomed to innovative practices through things such as restorative justice programs for the province's large indigenous population. Fenwick says his ultimate vi- sion is a justice system that is af- fordable, understandable for its users, and timely. In one of the projects under- way in Saskatchewan, justice of- ficials are examining the small claims process and whether the limit of $20,000 should be in- creased. In another, there is a three- year pilot program called Family Matters. The program is funded by the Law Foundation of Saskatch- ewan and provides new ways to involve family, including chil- dren, in dispute resolution. It provides help for separating families early on, using a triage approach to resolve issues. Early resolution initiatives have also been launched in Sas- katchewan's civil and criminal streams. "These are ideas whose time has come," says Fenwick, adding that lawyers are supportive of the initiatives and they recognize the potential to do things differently could help improve the system. British Columbia's justice ministry is developing the tech- nology-based Civil Resolution Tribunal. It serves as an alternative to the province's traditional bricks- and-mortar court system by of- fering opportunities for light ne- gotiations, information sharing, and the possibility of teleconfer- encing and preparing the parties for adjudication. "This is about using technol- ogy to create new processes," says Darin Thompson, legal counsel for British Columbia's justice ministry. The idea is to deliver services in alternative ways, in addition to the traditional service delivery models, by capitalizing on tech- nology and the Internet to meet the needs of the public. The Civil Resolution Tribu- nal uses an online location to guide users from the informa- tion stage through to resolution. The process for small claims disputes and strata/condo dis- putes is expected to be in place some time this year. Users begin with a tool called Solution Explorer to answer questions about their issue to drill down to the user's specific needs to find solutions. It then directs them to infor- mation, problem diagnosis, and self-help. The user can invite the other party involved and use the on- line negotiation tool and can then access case managers and facilitators if necessary. If that doesn't resolve their issues, they can open a case be- fore the tribunal and request an arbitrator to make a binding de- cision. Currently, small claims cases are heard in the provincial small claims court, while strata dis- putes have to go to the B.C. Su- preme Court. "We're trying to get it up so all those other traditional chan- nels will still be available," says Thompson. "One of the innova- tive aspects of this thing is: 'Let's grab hold of one of the service channels that society has already used everywhere else.'" The goal, he adds, is not sim- ply to automate existing services but use technology in a way that allows the government to offer a true alternative to the current process. The system is cloud-based, so it can be adopted by other juris- dictions. The goal in B.C. is to get other tribunals on board and perhaps it can be expanded to the courts. "We're really trying to stay true to the notion that this should really be designed around users," says Thompson. Much like in Saskatchewan, the guiding principal for On- tario through its Better Justice Together initiative was looking for a simpler, faster, and less ex- pensive way of doing things. In 2013, the Ministry of the Attorney General launched its innovation office to modernize its system, provide more effec- tive services, and work toward bridging the gap that makes jus- tice inaccessible for some. Some of the initiatives in- clude an online filing service for small claims court, daily court lists posted online, and a track- ing system allowing court staff to find search warrants, no mat- ter where they're filed. It also includes electronic dis- closure between police and the Crown through a new in-house scheduling and case manage- ment system in Toronto, Dur- ham, Ottawa, London, and Windsor, Ont., and an online service that allows parents to change or set up child support payments without having to go to court. LT This is about using technology to create new processes. 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