It's tough to gauge what exactly Justice Abella is arguing for
here. No one doubts there are problems with the justice system. As #Covid_19 has demonstrated, it needs to be much more tech savvy. And few would doubt it is still too expensive and cumbersome. /1 https://twitter.com/lawyersdailyca/status/1254058777533386753

But we have made some important innovations that have increased #accesstojustice which she appears dismissive of - namely mediation and arbitrations. Most cases settle at mediation and the vast majority settle before trial. /2

When cases do go to trial, lawyers and judges work hard to streamline the process. Pre-trial judges spend time with counsel reducing witness lists and pressure counsel to cooperate on exhibits, etc. /3

In the personal injury realm - which takes up a massive chunk of the civil docket - more lawyers are offering contingency retainers (myself included). This has significantly improved A2J for civil cases. /4

Again, more can be done. But fundamentally we have a system that works. And it works precisely because it recognizes the importance of procedure. Examinations for discovery are essential, cross-examinations are essential, the rules of evidence are essential. /5

All of these procedures add time and cost to trials, but they must remain in place if we want any real conception of justice to prevail. This is what Abella J. seems to miss - procedure may not always be sufficient for a just outcome, but it is absolutely necessary. /6

Justice Abella notes that a trial looks much like it did 100 years ago. She contrasts this with medicine, but the better analogy is Parliament, which also functions much as it did a century ago. Both institutions have room for improvement, but both have proven to be durable. /7

The stability and prosperity that we enjoy in this country is no accident - it derives at least in part from our enduring institutions, including our justice system. We would be extremely unwise to just throw it away in favour of "a whole new way of delivering justice." /8

Lastly, what has Justice Abella done to reform the justice system during her many years at its apex? Calling for a "whole new system" at the end of her career is unhelpful and will understandably frustrate many lawyers and trial judges who work hard every day to improve things.