Access to Justice through Regulatory Reform

26 Pages Posted: 6 Jul 2012

See all articles by Noel Semple

Noel Semple

University of Windsor - Faculty of Law

Date Written: July 6, 2012

Abstract

The mounting wave of unrepresented litigants, and the many unmet legal needs which Canadians experience, demand innovative responses that go beyond the traditional call for more state-funded legal aid. The argument of this paper is that excessive regulation of legal services is partially responsible for Canada’s access to justice crisis. Regulation of legal services serves important public interest goals. However, the argument of this paper is that it also reduces competition and innovation, and increases price. It therefore impedes access to justice and drives up the number of unrepresented litigants. Some market entry and market conduct regulations appear to be stricter than they need to be to accomplish their legitimate goals, and others may not even have any legitimate goals. Policy-makers seeking to increase access to justice without spending public money should consider reforming these elements of the regulatory regime.

Suggested Citation

Semple, Noel, Access to Justice through Regulatory Reform (July 6, 2012). Available at SSRN: https://ssrn.com/abstract=2101831 or http://dx.doi.org/10.2139/ssrn.2101831

Noel Semple (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Ave.
Windsor, Ontario N9B 3P4
Canada

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