38
88
Jacobs, at 4.
89
McLachlin, ...
90
Landerkin & Pirie, at 276.
91
Landerkin & Pirie at 261.
92
Australian Law Reform Commission, Managing Justice: A Review of the Federal Civil Justice
System. Report 89 (Australia: 2000).
93
Law Reform Commission of Western Australia, Review of the Criminal and Civil Justice
System, Final Report 1999.
94
Law Commission, Report 85, Delivering Justice for All: A Vision for New Zealand Courts and
Tribunals (Wellington, New Zealand, March 2004),
95
See e.g.: The Right Honourable H.S. Woolf, Access to Justice: Interim Report to the Lord
Chancellor on the Civil Justice System in England and Wales (London: Lord Chancellor's
Department, 1995) and The Right Honourable H.S. Woolf, Access to Justice: Final Report to
the Lord Chancellor on the Civil Justice System in England and Wales (London: HMSO,
1996) [Woolf Report]; Ontario Civil Justice Review, Civil Justice Review, First Report
(Toronto: Ontario Civil Justice Review, 1995) and Civil Justice Review: Supplemental and
Final Report (Toronto: Ontario Civil Justice Review, 1996); British Columbia Justice Reform
Committee, Access to Justice: The Report of The Justice Reform Committee - 1988 (British
Columbia: Research and Development Directorate, Department of Justice, November 1988).
96
Publications relating to this study are posted on the ALRI website at
www.law.ualberta.ca/alri/.
97
98
Arguments about the impact, on confidence in the courts and respect for the administration of
justice, of the increasing use of ADR in the courts cut both ways. public. For some, it is courts
responding appropriately to changing societal needs and demands. For others, it is courts
meddling where they do not belong, compromising rather than clarifying rights, creating
functional confusion.
99
All too often sound statistical data is lacking and law reform proceeds from anecdotal accounts
of problems, impressions, hunches (e.g., a dirth of information about why so few cases that are
commenced go through to trial followed by unverified assumption that the cases have been
resolved through agreement by the parties, that settlement has occurred.
100
Landerkin and Pirie, at 273.
101
Ibid.