In Hryniak v. Mauldin, the Supreme Court of Canada (SCC) indicated that "ensuring access to justice is the greatest challenge to the rule of law in Canada today" (para 1). This is a challenge we, as law students, have been called to take up.
Admittedly, singularly tackling the issue of access to justice was not the crux of my desire to become a lawyer. Yet, as time passed, my reasoning became more nuanced, primarily due to an increasing awareness that the rights of Canadians were not being addressed because they did not have the resources to access our justice system.
Our Responsibility as Law Students
Thus, when I stepped into class on a bright Tuesday morning in September 2022, I imagined, rather naively, that my professors would hand me the solution. Do this, do that, and things will get better.
This did not happen.
Instead, the professor detailed a story of the legal system's impact on their life. And the phrase "Being a lawyer requires you to be the best version of yourself' was written in bright white chalk on the newly cleaned board.
What did that mean? Why did my professor so boldly make this heavy request?
At the time, the class was told that in law, the stakes are high; Canadians have come to you for your advice, expertise, and competence. You owed it to them, and that we now, as budding legal professionals, had a responsibility to our future firms and clients to possess the skills, knowledge, and attributes of a lawyer.
As law students, we hope that our educational institutions provide such tutelage that when we step into the shiny glass doors of the 2L summer firm, we can at least know the questions to ask.
The Call to Action
I urge law schools and professors to prioritize a curriculum that emphasizes practical application. For example, in a recent fall semester class, our professor encouraged the class to fill out articles of incorporation forms and reviewed national instruments 45-106. These real-world exercises build upon theory, providing insights into the practical implications of legal principles. Implementing such practices across various courses will better prepare us as law students to excel in legal practice, contributing to our growth as proficient lawyers while advancing access to justice.
I also want to emphasize that my call for competent and practically knowledgeable graduates is rooted in deep appreciation for the commendable work of law associations, committees, or pro bono clinics. Their contributions are invaluable, often undertaken with limited resources and recognition. I wholeheartedly encourage all students to actively engage in local initiatives, consider board memberships, and, as they advance in their careers, offer their services pro bono. These endeavors complement the goal of fostering well-rounded legal professionals who can contribute effectively to both private practice and public service, ultimately advancing access to justice for all.
One of the best things law schools can do to tackle issues of access to justice is to produce efficient, open-minded, and competent graduates. Once new associates have a couple of practicing years under their belt, the hours spent on cases are reduced, costs are lowered, and the firm can produce quality and cost-efficient services.
All this increases access to justice; however, it requires that students, graduates, new associates, and lawyers are the 'best version of themselves.'
Being the Best Version
In reflecting on this, perhaps my professor's call to be the best version of yourself, a competent, knowledgeable, and effective lawyer, was the answer all along. It transcends merely mastering legal theories and statutes; it encompasses a commitment to embodying the ideals of justice, empathy, and ethical practice. By cultivating a mindset of continual improvement and a genuine dedication to serving the legal needs of Canadians, we, as aspiring legal professionals, can be catalysts for positive change in the legal landscape. Ultimately, by striving to be the best versions of ourselves, we contribute to our success and the larger mission of enhancing access to justice for all.
About the author
Olivia L S Elliot is an aspiring political servant and lawyer in her second year at Queens Faculty of Law, Kingston, Ontario. Olivia obtained an Honours BA in Political Science, specializing in Public Law and Judicial Studies, from McMaster University in 2022. Serves as OBA's student ambassador for Queen's University Faculty of Law.
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