SaskWatch Newsletter

Safety First, Shopping Second: How To Shop Online Safely

by Billie Sarcauga

Responding to Consumer Needs for Effectively to Further Access to Justice: A Legal Needs Survey in the Province of Saskatchewan

By Dr. Lisa Jewell, Dr. Bryce Stoliker, Brea Lowenberger, Heather Heavin, and Trisha Esmeralda

Approximately 50% of Canadians have experienced a justice-related problem within a two-year period [1] and about 1 in 5 Canadians have experienced a legal dispute or problem which was serious and challenging to resolve in the last three years.[2] A survey conducted by the World Justice Project in 2019 revealed that the top three most common legal problems that Canadians experience were related to consumerism, housing, and money and debt.[3] In Saskatchewan, the most commonly reported serious problems residents experienced were related to a large purchase or service they received where they did not get what they paid for and the seller did not fix the problem.[4] In the current study, both lawyers and legal and non-legal service providers reported that the most commonly experienced justice-related problems that Saskatchewan residents experience relate to money or debt, criminal matters, and family matters.[5]

It is concerning that these justice-related problems could give rise to a variety of legal needs, which unfortunately for many Canadians, are left unmet.[6] When legal needs are unmet, they could remain unresolved and, in some cases, become worse [7] or lead to more problems. In fact, Saskatchewan residents who have experienced three or more serious problems reported that their serious problems caused or contributed to losing their jobs, and two-thirds reported experiencing a mental health problem as a result of their most serious problem.[8]

It is therefore important to understand consumers’ legal needs in order to identify which service gaps have to be addressed. Identifying consumers’ legal needs could in turn alleviate access to justice barriers and increase the likelihood of more legal problems being resolved. The purpose of the Legal Needs study was to take the first step toward achieving equal access to justice by assessing justice-related problems, legal needs, and barriers within communities in Saskatchewan.

The researchers hoped that the insights produced in this study could assist legal service providers and justice stakeholders in responding to consumer needs more effectively.

What did the researchers find?

A survey [9] of 67 representatives from community-based organizations providing legal and/or nonlegal services/supports and 272 practicing and non-practicing lawyers who have provided legal supports and services in Saskatchewan was conducted.

Although both participant groups indicated that the major justice-related problems that their clients face relate to criminal matters and family matters, both participant groups also reported that about a quarter to a third of their clients’ problems were related to money or debt. In addition, community-based organization representatives reported that almost half of the problems their clients experience relate to social assistance and housing.

The most common barriers to resolving these justice-related problems are the cost of accessing legal and non-legal services and the lack of awareness of these available services in the clients’ communities. Unfortunately, people’s limited awareness of available legal services could lead to inaction, and more unresolved justice-related problems.

The cost of accessing non-legal and legal supports is the major barrier to resolving justice-related problems. Costs of these services could include financial, time, or energy involved in solving justice-related problems. Both participant groups noted that people are less likely to take action to resolve their justice-related problems that have higher costs.

It is unsurprising then that participants identified low-income earners, Indigenous peoples, persons with mental illness, and homeless persons in Saskatchewan as the ones needing legal supports the most but are not being adequately served.

Relatedly, participants in the current study agreed that the majority of justice-related problems could be resolved outside of the formal legal system. As such, more access to informal legal and non-legal supports could also assist in finding resolutions for Saskatchewan residents’ legal problems.

Further, representatives of community-based organizations noted that their clients most often needed non-legal supports including general consumer information, consultation, and guidance, and other non-legal supports, such as culturally appropriate services and access tools (e.g., Internet, transportation).

In addition to enhancing free or low-cost legal supports, representatives of community-based organizations noted that the following strategies could increase accessibility of legal supports:

• Increasing public awareness of available legal support through target advertisements and information sessions;
• Developing dedicated services to assist clients navigate the legal system;
• Integrating social and legal services, such as by having legal practitioners collaborate with community-based services to meet clients at community organizations; and
• Increasing access to cultural support, such as providing translation services and increasing support materials languages other than English.

In conclusion, this study was the first to investigate access to justice gaps experienced by Saskatchewan residents from the perspective of those who provide legal and or non-legal supports and services necessary to resolve justice-related problems. Its findings provide a more comprehensive understanding of potential avenues to bridge gaps surrounding legal (and non-legal) services and supports in Saskatchewan.

Findings from this study can serve to guide decision- and policy- makers in developing justice programs, policies, and services aimed at improving access to justice for Saskatchewan residents.

CASK notes that an excellent application of these recommendations can be found in the Consumer Rights Pathway on the Financial and Consumer Affairs Authority website. This pathway is a free online solution to resolve disputes between businesses and consumers. A consumer with a complaint can use the pathway to:

• determine if the dispute could be valid
• learn their respective rights and responsibilities
• file a claim and achieve a fair resolution with the help of mediators and negotiators if necessary

You can learn more about the Consumer Rights pathway by searching Consumer Rights on www.fcaa.gov.sk.ca

Sources:

1. Farrow, T. C. W., Currie, A., Aylwin, N., Jacobs, L., Northrup, D., & Moore, L. (2016). Everyday legal problems and the cost of justice in Canada: Overview report. Canadian Forum on Civil Justice. http://www.cfcj-fcjc.org/sites/default/files/Everyday%20Legal%20Problems%20and%20the%20Cost%20of%20Justice%20in%20Canada%20-%20Overview%20Report.pdf; Savage, L., & McDonald, S. (2022). Experiences of serious problems or disputes in the Canadian provinces, 2021. Statistics Canada; Savage and McDonald, 2022; World Justice Project. (2019a). Global insights on access to justice: Findings from the World Justice Project general population poll in 101 countries. World Justice Project. https://worldjusticeproject.org/sites/default/files/documents/WJP-A2J-2019.pdf
2. Savage, L., & McDonald, S. (2022). Experiences of serious problems or disputes in the Canadian provinces, 2021. Statistics Canada.
3. Supra note 1.
4. Supra note 2
5. Supra note 1.
6. Supra note 1.
7. Currie, A. (2006). A national survey of the civil justice problems of low- and moderate-income Canadians: Incidence and patterns. International Journal of the Legal Profession, 13(3), 217-242.
8. Supra note 2.
9. The survey was comprised of close-ended and open-ended questions to gather the perspective of legal and non-legal service providers on a number of access to justice components including types of justice related problems and legal needs in their communities, most in demand areas of law and barriers to accessing services thereof, and social groups most in need of legal supports/services. Responses to close-ended survey questions were analysed through descriptive quantitative analysis whereas open-ended survey questions were analysed using thematic analysis.

CASK News

The New CASK Website is Launched!

CASK is excited to announce that we have launched a new website.

Designed by Rob Gilhuly Consulting, the website has a new look and great information. It provides consumer resources, updates on our activities, as well as the latest SaskWatch.

Introducing Our New Staff

We’re thrilled to introduce Anna Olatunbosun as the new Office Administrator at CASK. Anna brings experience and a passion for helping others. The only thing that matches her commitment to service is her need for order and organization—something that’s both a strength and a challenge as a mom of two young children. When she’s not chasing after her little ones, Anna is busy running a part-time baking business, exploring new recipes, and diving into her latest hobby—gardening. A graduate of the University of Saskatchewan, Anna has worked with several local non-profits and is eager to bring her skills and dedication to support the CASK team in her new role.

We would like to introduce Billie Sarcauga, who has recently joined us as our Communications Coordinator. Billie brings experience in social media coordination and correspondence, having worked with local businesses and administration. Billie is eager to contribute to the team and support CASK by overseeing the creation of SaskWatch and managing our social media platforms to effectively share our work and provide valuable consumer information. Outside of work, Billie enjoys spending time with her family and friends and exploring local restaurants in Saskatoon.

Consumer Resources

The Little Black Book of Scams is a compact, easy-to-use reference guide aimed to increase awareness of the many different kinds of scams targeting Canadians. It provides information on how to recognize scams, how both consumers and businesses can protect themselves, contact information for reporting a scam, and offers a step-by-step guide for victims to reduce their losses and avoid becoming repeat victims. Every year, Canadians lose millions of dollars to scammers who bombard us with online, mail, door-to‑door and telephone scams targetting people of all backgrounds, ages and income levels. The best way to fight fraud is to avoid becoming a victim.

Learn more at competition-bureau.canada.ca

Charter of Consumer Rights

The Eight International Consumer Rights and Responsibilities + One

1. Basic Needs

• The right to basic goods and services which guarantee survival
• The responsibility to use these goods and services appropriately. To take action to ensure that basic needs are available.

2. Safety

• The right to be protected against goods or services that are hazardous to health and life.
• The responsibility to read instructions and take precautions. To take action to choose safety equipment, use products as instructed and teach safety to children.

3. Information

• The right to be given the facts needed to make an informed choice, to be protected against misleading advertising or labelling.
• The responsibility to search out and use available information. To take action to read and follow labels and research before purchase.

4. Choice

• The right to choose products and services at competitive prices with an assurance of satisfactory quality.
• The responsibility to make informed and responsible choices. To take action to resist high-pressure sales and to comparison shop.

5. Representation

• The right to express consumer interests in the making of decisions.
• The responsibility to make opinions known. To take action to join an association such as the Consumers Council to make your voice heard and to encourage others to participate.

6. Redress

• The right to be compensated for misrepresentation, shoddy goods or unsatisfactory services.
• The responsibility to fight for the quality that should be provided. Take action by complaining effectively and refusing to accept shoddy workmanship.

7. Consumer Education

• The right to acquire the knowledge and skills necessary to be an informed consumer.
• The responsibility to take advantage of consumer opportunities. Take action by attending seminars and workshops, work to ensure consumer education takes place in schools.

8. Healthy Environment

• The right to live and work in an environment that is neither threatening nor dangerous and which permits a life of dignity and well-being.
• The responsibility to minimize environmental damage through careful choice and use of consumer goods and services. Take action to reduce waste, to reuse products whenever possible and to recycle whenever possible.

PLUS – Privacy

• The right to privacy particularly as it applies to personal information.
• The responsibility to know how information will be used and to divulge personal information only when appropriate.