Access to Justice

Joining the Continuing Legal Education (CLE) panel “Access to Justice: Whose job is it anyway?” was a worthwhile and rewarding endeavour. As the designate from the BC Notaries Association (BCNA), I was pleased to be able to offer a unique, Notarial perspective on Access to Justice (A2J).

The session was extremely well moderated with excellent discussion topics. We discussed what A2J means to each panelist,

• what our various professions have contributed and what we might contribute in the future;

• who will benefit from creating A2J;

• what regulatory changes would support increased A2J;

• how technology can help us; and

• whose job it is to make A2J a reality.

A summary of my talking points follows.

It is easy to think of A2J only in reference to Court proceedings involving criminality, resolution of conflicts, or remedies for losses, areas you could assume BC Notaries influence in a limited way. I think it can be helpful to think of A2J as “access to the law,” meaning British Columbians have a fulsome range of reliable options when they need to engage with the legal system. Much like a healthy ecosystem thrives on diversity, so could our legal system.

Kate Roome

As a Notary, I am often presented with folks who are intimidated by the system due to their lack of resources, previous negative encounters, or a fundamental misunderstanding about how a particular problem might be tackled.

Frequently, people are deeply fearful of lawyers and will not seek their services, regardless of the referrals I might provide. Perhaps we can learn important lessons from their experiences that might positively inform the way we continue to construct a robust legal ecosystem that accurately reflects the population it is intended to serve.

To be successful in providing true A2J, there must be options reflecting the needs of every British Columbian and the factors that inform their decision-making. Providing accessible options reflective of the diversity of our population could be viewed as preventative care, helping keep citizens from increasingly complicated legal entanglements, including time in Court.

The BC Notary profession already makes significant contributions to A2J. Our Notary Foundation funds both Legal Aid and the A2JBC initiative. Additionally, Notaries continue to offer excellence in our practice areas and have increased the standard of education for our Notary members (via the Master of Arts in Applied Legal Services degree (MA ALS); we formed a Captive Insurance program and separated our regulator and our professional Association (BCNA). We’ve worked with our partners at Simon Fraser to prepare for the additional education needed for any upcoming expansion to our scope of practice.

We learned during COVID that perhaps we are underutilizing technology in the provision of services remotely. While I believe there are ways we can perform some of our duties successfully using remote technology, let us be cautious in our approach, particularly given what we are learning about land title fraud in Ontario. Remember that access to functioning technology and the skills required to use it may not be within reach for many British Columbians.

BC Notaries have long recognized we could be doing more to provide noncontentious legal services to British Columbians. We feel strongly that we could be offering more comprehensive services in the areas of

• testamentary trusts and life estates;

• probate filings; and

• corporate registry services for small businesses.

Currently, we are engaging with government about an expanded scope in those key practice areas— identified in very high public demand and a logical extension of the work we are already performing.

Notaries are ideally situated to fill for British Columbians. The inclusion of an expanded scope of practice for Notaries in the legislation would demonstrate an understanding of a need for a rapid response to the challenges faced by consumers. If the key principles of access to justice include lowering barriers and costs, including hardto-measure social costs, Notaries would play an important role.

During this pivotal time when unified legislation is being constructed, it’s important that government recognizes the niche

BC Notaries are a wellregulated body of highly trained legal professionals who continue to demonstrate our value to British Columbians. We recognize we are essential to the robust fabric of the legal system in BC. Proactive and enthusiastic contributors to both A2J and the project of new unified legislation, we are ready, willing, and able to do more for the citizens of British Columbia. ▲ Kate Roome’s Notary practice is in Duncan, BC.