Navigator Programs in Canada

This Research in Brief describes navigator programs in Canada, a people-focused approach to enhancing access to justice by providing assistance to those with serious legal problems. The Department of Justice Canada uses a definition of access to justice that is broad and recognizes the importance of informal resolution, as much as resolution through tribunals or courts: Enabling Canadians to obtain the information and assistance they need to help prevent legal issues from arising and help them to resolve such issues efficiently, affordably, and fairly, either through informal resolution mechanisms, where possible, or the formal justice system, when necessary. Keeping this definition in mind, existing barriers make it extremely challenging for individuals who are economically or otherwise vulnerable - for example, due to language, literacy, or disability - to gain access to legal information, support or advice, and navigate through the justice system, whether this is mediation, a court or tribunal process, or even completing necessary paperwork. This is particularly an issue for self-representing litigants who may not possess the necessary information about their options or the training and skills to navigate the justice system effectively. Research on self-representing litigants has shown that one of the most common reasons individuals are unrepresented is the financial burden of accessing a lawyer or paralegal (Macfarlane 2013; Birnbaum et al. 2013). These individuals may lack the knowledge to thoroughly assess their cases and understand legal implications. In the recent 2021 Canadian Legal Problems Survey, respondents reported several reasons why they chose not to contact a lawyer, including cost, but also that they did not think a lawyer would be useful and they wanted to resolve the problem on their own (Savage and McDonald 2022). The National Justice Survey, an annual public opinion survey conducted by Justice Canada, asked respondents about their confidence in the accessibility and fairness of the criminal and family justice systems. A third (33%) of respondents reported that they are confident that the Canadian criminal justice system is accessible to all people, while 25% reported being confident that it is fair to all people (Confidence in the Canadian Criminal Justice System 2022). For the family justice system, just over a quarter (26%) of respondents reported being confident that the system is accessible to all people, while 18% reported being confident that the system is fair to all people (National Justice Survey 2022). Access to justice challenges are not new in Canada, nor in other countries (World Justice Project 2019). The legal profession along with other sectors continue to propose and pilot different ways of delivering legal services and ensuring that everyone has access to justice (United Nations n.d). “Navigator” programs are one such approach.