Access to Justice: Comparing Human Rights Models in British Columbia

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Authors: Matthew Arkinstall, Dominique Clement, Howard Ramos
Cited by: 0
References: 15

Abstract

Abstract Human rights systems in Canada face difficulties: growing caseloads, slow case processing, and a lack of access to hearings. Some Canadian jurisdictions have responded to these challenges by changing from a commission system to a direct access system. This change is made to maximize efficiency, to more quickly process complaints, and to render faster justice to all. Using British Columbia, Canada, as a test case, we assess which of these two systems is most efficient at processing complaints by examining annual reports from 1996 to 2022. We analyze which system closed complaints faster and which system screened out and or settled more cases over time. We also determined which system processed more cases in full hearings. We conclude that the commission system was more efficient, it closed more cases and was faster than the direct access system. It also provided a greater chance to have complaints adjudicated in formal hearings.

Fields of Study & Subjects

Ombudsman and Human Rights Legal Rights and Human Rights Dispute Resolution and Class Actions

Publication details

Journal / source
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
Volume
41
Issue
1
Pages
109–127
Publication date
12 January 2026
Language
EN