Canada is Falling Farther Behind Other Countries on Access to Civil Justice
Ab Currie, Ph.D.Monday, September 12, 2022
The World Justice Project (WJP) will soon release the 2022 WJP Rule of Law Index.[1] This article discusses the 2021 WJP Rule of Law Index and what it reveals about the state of civil justice in Canada.
The Rule of Law Index is an overall score made up of eight components: (i) Constraints on Government Powers, (ii) Absence of Corruption, (iii) Open Government, (iv) Fundamental Rights, (v) Order and Security, (vi) Regulatory Government, (vii) Civil Justice, and (viii) Criminal Justice. The data used to measure the components are drawn from surveys of public attitudes and expert opinion. The World Justice Project has produced an annual Rule of Law Index for countries around the world since 2008, with data from recent reports accessible through a highly searchable dashboard. Readers who enjoy viewing the world through numbers will likely find this database convenient and interesting.
In 2021 Canada ranked 12th overall out of 139 countries included in the WJP Rule of Law Index global survey with an overall score of 0.80 out of 1.00. Denmark, Norway and Finland, with overall scores of 0.90, 0.90 and 0.88, respectively, occupied the top three places on the WJP Rule of Law Index. Canada ranks 11th in the world on Absence of Corruption with a score of 0.82, 11th on Open Government with a score of 0.80, and 11th globally on Criminal Justice with a score of 0.73. We rank 13th on Constraints on Government power with a score of 0.82 and 13th on upholding Fundamental Rights. Canada ranks 14th on Order and Security with a score of 0.90 and 15th on Regulatory Enforcement with a score of 0.80. This is very similar to previous years.
Canada’s overall position and our rank on all but one Rule of Law measure are consistently solid, but when it comes to the eighth component of the Rule of Law Index, Civil Justice, we rank 22nd in the world with a score of 0.70. Civil Justice has been Canada’s lowest score among the Rule of Law components since the WJP survey began. The Civil Justice component is made up of separate indicators measuring whether civil justice systems are accessible and affordable as well as free of discrimination, corruption, and improper influence by public officials. It examines whether legal proceedings are conducted without unreasonable delays and whether decisions are enforced effectively. It also measures the impartiality and effectiveness of alternative dispute resolution mechanisms. Since the WJP began publishing the Rule of Law Index, the two lowest scores making up the Civil Justice component for Canada have consistently been accessibility and affordability and absence of unreasonable delays.
In 2021 it is not only a case of oops, we did it again. We have slipped even further in comparison with other top-ranking countries. The graph below illustrates that Canada’s global rank on the Civil Justice component of the rule of law index declined from 18th in 2015 to 22nd in 2021.
Twenty-one countries rank higher than Canada on the Civil Justice component. Some are common law countries and some are civil law jurisdictions and the type of justice system makes a difference in terms of how things work. However, there are many factors that might affect the state of civil justice. An examination across different jurisdictions might be highly instructive in addressing our low position in relation to other high income countries, assuming that sitting in 22nd position indicates that we have some work to do. Perhaps it is time for a Canadian scholar, adequately funded, to carry out a comparative study of these other countries to determine how they do it and how we in Canada might improve our civil justice system.
The 2022 World Justice Project Rule of Law Index report will be released on October 26, 2022.
[1] For previous editions of the World Justice Project Rule of Law Index, visit: https://worldjusticeproject.org/our-work/research-and-data/wjp-rule-law-index-2021/previous-editions-wjp-rule-law-index.