Experiences of serious problems or disputes in the Canadian provinces, 2021

Every Canadian has the right to a justice system that is fair, timely and accessible. An accessible justice system is one that enables Canadians to obtain the information and assistance they need to help prevent legal issues from arising and help them to resolve these issues efficiently, affordably, and fairly, either through informal resolution mechanisms, where possible, or the formal justice system, when necessary (Department of Justice Canada 2019). The definition of an accessible justice system has evolved over time and may mean different things to different people depending on their own lived experiences and on social context (Farrow 2014).

Timely access to a fair and effective justice system—and the resolution of problems and disputes—helps support the well-being of individuals and communities (Pleasence et al. 2004; Smith et al. 2013). Recent Canadian research has found that approximately one-third of Canadians are confident that the Canadian criminal justice system is accessible to all people, while 27% are confident that it is fair to all people (Department of Justice Canada 2019).

Administrative data analyzing the number of court cases and case processing times are critical sources of information in highlighting the amount of time and resources needed to complete a case in federal and provincial courts. However, results from legal problems surveys in Canada and around the world show that the majority of individuals do not turn to the formal justice system to resolve their serious problems (Farrow et al. 2016). There are many reasons for resolving serious problems outside of the legal system, including the cost of legal representation, the time needed to navigate the justice system, a lack of available services in certain areas, along with other barriers to accessing justice (Trebilcock et al. 2012; Sandefur 2014). As a result, administrative data sources alone are unable to provide a complete picture of access to justice in Canada.

It is important to note that unequal access to justice caused by these barriers may perpetuate existing inequalities within society. Legal problems surveys, which ask people directly about problems in their daily lives that may have a legal dimension, highlight the experiences of different populations. This helps governments, decision-and policy-makers better understand people’s legal problems from their perspective, and aids in the development of effective justice programs and policies that will better serve Canadians. The move from a system-focused to a people-centered approach to access to justice represents a significant paradigm shift in the conceptualization of access to justice and, with it, the delivery of legal services.

In 2021, for the first time, Statistics Canada conducted the Canadian Legal Problems Survey (CLPS). The development and collection of this survey was funded by the Department of Justice Canada and other federal partners^Note  as part of the Canadian federal government’s strategy to measure Canada’s progress in realizing the United Nations Sustainable Development Goal 16: Equal access to justice for all (Text box 3). A legal problem, in the context of legal problems surveys, includes any problem that could have legal implications or a possible legal solution, and is not limited to problems that were addressed or resolved through the formal justice system or even recognized by the respondent as having a “legal” aspect.

Using data from the 2021 CLPS, this Juristat article highlights the frequency and types of serious problems that people living in Canada’s provinces experience,^Note  actions taken to resolve these problems, and the financial, socio-economic and health impacts of these problems on people’s everyday lives. Barriers to accessing justice are explored and, wherever possible, data are disaggregated to highlight the experiences of different populations in the 10 provinces.

There are two key methodological points to highlight regarding this analysis. First, this survey was not conducted in Canada’s territories. Second, respondents were asked two questions to determine whether they had experienced a problem within the scope of this survey. The first question was whether they had experienced any of a series of possible problems in the three years preceding the survey; and then those who had experienced a problem were asked if they considered these problems serious or not easy to fix. Analysis in this report focuses primarily on serious or difficult to resolve problems.

It is important to note that the ongoing global COVID-19 pandemic has had a drastic impact on access to justice. Courts, tribunals and other legal services were closed or limited to respect public health and safety requirements. Since then, the COVID-19 pandemic has created new serious problems for some Canadians living in the provinces or made existing problems more difficult to resolve. The pandemic has also further highlighted the challenges of accessing justice for many people in Canada’s provinces, affecting certain populations more than others. Data collection for the CLPS took place from February to August 2021. During this time, COVID-19 spread at different rates across the country, with some provinces imposing stricter restrictions than others. Respondents were specifically asked about the COVID-19 pandemic in relation to their serious problem(s) and the results are outlined in this Juristat article (see Text box 4).

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Almost one in five Canadians experienced at least one serious problem in the previous three years

In 2021, approximately one-third (34%) of people living in Canada’s provinces reported experiencing at least one dispute or problem measured by the Canadian Legal Problems Survey (CLPS) during the previous three years. Among those who experienced a dispute or problem, almost one in five (18%, or 5.5 million Canadians) stated that the dispute or problem they experienced was serious and not easy to fix. Overall, experiencing a serious problem was as common for women (18%) as it was for men (18%) (Table 1).^Note 

Of the problems considered to be serious, problems in the neighbourhood, including vandalism and property damage was the most commonly reported problem (21%), followed by harassment (16%), poor or incorrect medical treatment (16%), a problem related to discrimination (16%), and a problem with a large purchase or service (15%). Notably, there were some gender differences in terms of the most common serious problems experienced, including poor or incorrect medical treatment (19% of women versus 14% of men) and harassment (18% of women versus 14% of men) (Table 1).

More than four in ten Canadians who reported at least one serious problem experience multiple serious problems

Research shows that most problems are not isolated incidents but instead tend to co-occur, with the risk of experiencing additional problems increasing as the number of current problems multiplies (Currie 2009; Pleasence et al. 2004; Smith et al. 2013). According to the CLPS, of those who experienced at least one serious problem in the three years preceding the survey, 55% experienced one serious problem, 22% experienced two serious problems, and an additional 23% experienced three or more serious problems^Note  (Chart 1). There were no statistically significant differences between women and men when it came to the number of serious problems experienced in the past three years.

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Some socio-demographic groups were more likely to report experiencing a serious problem

The likelihood of experiencing a serious problem is not the same for everyone. Research to date has shown that some socio-demographic groups are particularly disadvantaged when it comes to experiencing serious problems, as well as when accessing justice (The Hague Institute for Innovation of Law 2021). Specifically, research shows that people who experience various forms of systemic disadvantage—such as people with disabilities or people with low household incomes—are most at risk of experiencing multiple problems in their lifetime (Smith et al. 2013; Currie 2009).

Generations of First Nations people, Métis, and Inuit (Indigenous) continue to be negatively impacted by colonial policies and practices on Indigenous peoples, including socio-economic and health care gaps. The long standing impacts of residential schools and the sixties scoop continue to perpetuate the inequalities and disadvantages among Indigenous peoples (MMIWG 2019).

Notably, First Nations people, Métis and Inuit living in the provinces^Note  were much more likely than non-Indigenous people to report experiencing one or more serious problems in the three years preceding the survey (27% versus 18%) (Table 2). More specifically, 28% of First Nations people, 27% of Métis, and 24% of Inuit experienced one or more serious problems.

A multivariate regression model was conducted to analyze factors associated with increased odds of experiencing one or more serious problems, including age, gender, Indigenous identity, visible minority status and immigrant status. Indigenous people were 41% more likely than non-Indigenous people to experience a serious problem, when controlling for other factors (Model 1).

One-fifth (20%) of people belonging to a group designated as visible minority reported experiencing at least one serious problem—a proportion slightly higher than that of people who are not a visible minority (18%). This difference was driven by a higher proportion of Black people reporting a serious problem (28%) (Table 2). After controlling for other variables of interest, people belonging to a group designed as visible minority had significantly higher odds (+24%) of experiencing a serious problem compared to non-visible minorities (Model 1).

Almost one-quarter (24%) of people with household incomes of $20,000 or less reported experiencing at least one serious problem—a proportion much higher than their counterparts with higher household incomes (Table 2).

People with disabilities are much more likely than people without disabilities to experience three or more serious problems

Overall, people with disabilities were twice more likely than people without disabilities to report experiencing one or more serious problem in the past three years (33% versus 16%). The most significant differences in the types of serious problems experienced by people with disabilities compared to people without disabilities were a problem relating to poor or incorrect medical treatment (29% versus 13%), a problem with receiving disability assistance (17% versus 2%), with government assistance payments (12% versus 4%), harassment (20% versus 15%), and discrimination (19% versus 15%).

In addition, people with disabilities were much more likely than people without disabilities to report experiencing three or more problems in the three years preceding the survey. Previous research shows that people with disabilities are less likely to have some form of post-secondary education, are less likely to be participating in the labour force, and tend to have lower average personal income—all of which have been linked to an increased likelihood of experiencing multiple problems (Burlock 2017; Currie 2009; Morris et al. 2018; Turcotte 2014). In 2021, among those who experienced a serious problem, people with disabilities were far more likely than people without disabilities to experience three or more serious problems (34% versus 20%). The proportion of people with disabilities experiencing two serious problems was not statistically different from that of people without disabilities (Table 3).

Indigenous people more likely to report experiencing three or more serious problems in the past three years

Previous research has found that Indigenous people are more likely than non-Indigenous people to experience multiple serious problems (Currie 2009), and data from the CLPS also shows that this is the case. In 2021, 29% of Indigenous people who reported experiencing a problem said they faced three or more serious problems—a proportion higher than their non-Indigenous counterparts (23%) (Table 3).

Indigenous people more likely to experience harassment and discrimination

Experiencing harassment and discrimination is linked to reduced overall well-being (Todorova et al. 2010). The 2019 General Social Survey (GSS) on Victimization measured experiences of discrimination among Canadians 15 years of age and older. According to the GSS on Victimization, one in five (20%) Canadians said that they had been discriminated against or treated unfairly at least once in the five years preceding the survey. The Canadian Legal Problems Survey (CLPS) asked Canadians living in the provinces whether they had experienced a problem related to harassment or discrimination in the three years preceding the survey, and whether or not they considered these problems to be serious.

In 2021, 6% of Indigenous people living in the provinces reported experiencing a serious problem relating to harassment in the last three years, compared to 3% of non-Indigenous people (Table 4). Almost half (49%) of Indigenous people who experienced harassment said that the harassment happened in their community or neighbourhood, while 34% said that it happened online. Indigenous people were also significantly more likely than non-Indigenous people to be harassed at school (10% versus 6%), in a store, bank or restaurant (23% versus 14%), and at a government department or agency (12% versus 8%) (Table 4).

Almost four in ten (36%) Indigenous people who had experienced a serious problem related to harassment said that the harassment was based on their Indigenous identity, while 29% said that it was because of their race, colour, national or ethnic origin. Most experiences of harassment consisted of unfair treatment (72%), offensive remarks (66%), aggressive behaviour (63%), and personal attacks (61%) (Table 4).

According to the CLPS, 7% of Indigenous people reported experiencing a serious problem related to being discriminated against in the three years preceding the survey—a proportion double that of non-Indigenous people (3%) (Table 5). Notably, 45% said that it happened in a store, bank or restaurant, compared to 30% of non-Indigenous people. Almost four in ten (37%) Indigenous people said they were discriminated against at work or when applying for a job—a proportion lower than that of non-Indigenous people (43%). Nearly two-thirds (63%) of Indigenous people said that they thought they were discriminated against because of their Indigenous identity, while 44% said it was because of their race, colour, national or ethnic origin (Table 5).

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Taking action to address or resolve most serious problem

The ability for citizens to resolve their most serious legal problems in a timely manner is a sign of an effective justice system. The financial, economic, and health costs of unaddressed legal problems can add up and negatively impact people’s everyday lives, including affecting their employment, personal relationships, physical and mental wellbeing, as well as their housing (Currie 2016; Currie 2009; Smith et al. 2013).

As may be expected, results from the CLPS show that people want to resolve their most serious problems. The vast majority (90%) of Canadians who experienced one or more serious problems in the three years preceding the survey reported that it was important for them to some degree to resolve the problem, with 47% stating that it was extremely important, 28% stating that it was very important, and 15% stating that it was somewhat important. Almost nine in ten (87%) Canadians reported taking some form of action to address their most serious problem (Table 6).

Majority of Canadians living in the provinces resolved their most serious problem without the use of the formal justice system

When looking at the types of action Canadians take to resolve their most serious problem, a minority—one-third (33%)—contacted a legal professional and 8% contacted a court or tribunal. This suggests that the majority of Canadians seek resolution without involving the formal justice system. It is important to note that finding a satisfactory resolution to a civil justice problem may not always require legal assistance or representation—there are a wide range of options available for resolution outside of the formal justice system (Sandefur 2019). Among those who did not use the formal justice system to resolve their most serious problem, the most common actions taken were, obtaining advice from friends or relatives (51%), searching the internet (51%), and contacting the other party involved in the dispute (47%). Another 21% contacted a government department or agency, 11% contacted a community centre or community organization, and 4% contacted a labour union (Table 6).^Note 

Barriers to accessing justice

The formal justice system may not be the best avenue to resolve all types of civil justice problems. Some problems (such as landlord-tenant disputes or consumer-related problems) may not require legal representation and court or administrative processes to come to a fair and effective resolution (Currie 2009; Sandefur 2019). However, some problems that do require resolution via the formal justice system are not resolved because of barriers that prevent individuals from accessing justice. Legal needs surveys like the CLPS help policy makers better understand what these barriers are and highlight inequalities surrounding equal access to justice (OECD 2019).

Research to date has noted that the high cost of legal representation, the time required to resolve a case, the complexity of navigating the justice system, a lack of knowledge about available services, and a lack of available services as key barriers to accessing justice (Currie 2016; OECD 2019; The Canadian Bar Association 2013). Further, certain populations may face additional barriers to accessing justice and resolving legal problems, such as literacy and language barriers, and perceived discrimination or bias. The overrepresentation of Indigenous peoples in the criminal justice system is often attributed to the negative consequences of colonialism, including systemic racism and discrimination (Wortley and Owusu-Bempah 2011; MMIWG 2019).^Note 

Respondents who did not take any action to resolve their most serious legal problem were asked a series of questions about the reasons why. Of the 12% of people who took no action, slightly more than half (53%) said that they did not think anything could be done about the problem (Table 6). Other commonly reported reasons were that they thought it would make the problem worse (19%), they did not know what to do or where to get help (18%), and they thought the process would be too stressful (18%). In general, more than half (52%) of Canadians who experienced a serious problem said that they did not understand^Note  the possible legal implications when they first became aware of their problem.

Among those who did take action, perceptions of the helpfulness of the action varied. For example, seven in ten (70%) people who contacted the other party involved in the dispute said that it was not helpful in resolving their most serious problem (Chart 2). However, most helpful actions reported included contacting a legal professional (77%), obtaining advice from friends or relatives (73%) and searching the internet (70%).

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Among those who took action to resolve their most serious problem but did not contact a lawyer, over one-third (37%) said that they could not afford legal help. Further, four in ten (41%) stated that they did not think legal help would be useful in solving their problem. One-third (33%) of respondents who did not contact a lawyer wanted to resolve their problem on their own.

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Financial, socio-economic and health impacts stemming from serious problems

Research shows that experiencing one or more serious problems can have severe negative consequences on the mental and physical well-being, personal relationships, and financial security of individuals. Experiencing a serious problem may also create new, additional problems, further compounding these negative effects (Currie 2009; Pleasence 2006). In addition to questions about the types of problems Canadians experience and the actions they take to address or resolve these problems, the Canadian Legal Problems Survey (CLPS) also asked Canadians about the impacts of these problems on their daily lives. Impacts were broken down into three categories: financial impacts, socio-economic impacts, and health impacts.

Three-quarters of Canadians experience financial impacts resulting from their most serious problem

Three-quarters (75%) of Canadians who had experienced a serious problem said that they were impacted financially as a result of their most serious problem. The most commonly reported financial impacts were having to spend savings (49%), having to put expenses on a credit card (35%) and having to borrow money from family and friends (21%) (Table 7). These proportions were similar among women and men.

Women far more likely than men to report negative health impacts stemming from their most serious problem

The vast majority (79%) of Canadians said that their most serious problem contributed to some type of adverse health impact, and women were significantly more likely than men to report each type of health impact measured in the CLPS, as well as any sort of health problem overall (85% versus 72%) (Table 7). Among both women and men who experienced at least one serious problem, extreme stress was by far the most commonly reported health impact, yet women were significantly more likely than men to cite extreme stress (79% versus 65% of men).

Indigenous people more likely than non-Indigenous people to be negatively impacted by their most serious problem

Overall, three-quarters (75%) of Indigenous people reported experiencing some type of financial impact as a result of their most serious problem—the same proportion as that of non-Indigenous people (75%). Indigenous people were significantly more likely to state that they had to borrow money from friends or relatives (32%, versus 21% of non-Indigenous people), that they had to borrow money from a credit or loan agency (11% versus 6%), and that they had to miss a payment on bills or pay them late (32% versus 20%). Indigenous people were twice as likely as their non-Indigenous counterparts to say that their most serious problem caused or contributed to losing their housing (10% versus 5%). Socio-economic disparities stemming from the impacts of the historical oppression of Indigenous peoples have created greater financial burdens among Indigenous peoples.

More than eight in ten (82%) Indigenous people who had experienced at least one serious problem said that they faced health impacts as a result of their most serious problem, a proportion higher than that of non-Indigenous people (79%). When it came to specific health impacts, 56% of Indigenous people said that they experienced a mental health problem as a result of the problem, 49% experienced social, family, or personal issues, and 38% reported a physical health problem. These proportions were all higher than those of non-Indigenous people (45%, 40%, and 32%, respectively). Indigenous people were as likely as non-Indigenous people to report experiencing extreme stress as a result of their most serious problem (76% versus 72%).

Canadians who experienced three or more serious problems more likely to cite negative impacts from most serious problem

According to the CLPS, Canadians who experienced more than one serious problem within a three year period were more likely to experience a wide range of financial, socio-economic and health impacts. Just over three-quarters (72%) of Canadians who experienced one serious problem in the three years preceding the survey reported a health impact as a result of their most serious problem, compared with 82% of those who experienced two serious problems and 92% of those who experienced three or more serious problems (Table 8).

Extreme stress was the most commonly reported health impact, regardless of the number of problems experienced. As the number of problems experienced increased, so did the proportion of respondents reporting extreme stress. This was true across all types of health impacts.

Canadians experiencing three or more serious problems were more than twice as likely as those reporting one serious problem to report physical health problems as a result of their most serious problem (54% versus 24%) and much more likely to report mental health problems (67% versus 35%) (Table 8, Chart 3).

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Almost nine in ten (86%) people who experienced three or more serious problems in the three years preceding the survey said that they experienced at least one financial impact as a result of their most serious problem (Table 8). People with three or more problems were twice as likely as people with one problem to have borrowed money from the bank (10% versus 4%) and were significantly more likely to have put expenses on a credit card (48% versus 29%). Further, more than six in ten (62%) Canadians who experienced three or more problems said that they had to spend their savings and one-third (33%) had to miss payments on bills or pay them late (Table 8).

The majority of serious problems remain unresolved

Overall, two in ten (21%) serious problems in the Canadian provinces had been resolved at the time of the survey. The proportion of resolved problems ranged from 16% in New Brunswick and Prince Edward Island to 24% in Newfoundland and Labrador (Table 9). Just under two in ten (19%) of problems in the Canadian provinces were in the process of being resolved. A higher proportion of Canadians living in Quebec (13%), Alberta (13%) and Ontario (12%) stated that they gave up trying to resolve their most serious problem.

The percentage of cases resolved also varied depending on the type of problem. The problems with the highest proportion of resolved cases were contact with the police or other part of criminal justice system involving being stopped, accused, charged, detained or arrested (53%^E), a will or taking care of financial or health issues for a person unable to do so themselves (46%), and problems with an employer or job (37%) (Table 10).

People who had problems related to a large purchase or service or problems obtaining social or housing assistance were the most likely to report giving up on resolving their serious problem (31% and 25%, respectively).

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Summary

This Juristat article presents initial findings from the 2021 Canadian Legal Problems Survey (CLPS), including the frequency and types of serious problems that Canadians experience, the actions they take to address or resolve these problems, and the impacts these problems have on their daily lives. The data collected through the CLPS fill an important data gap by providing a better understanding of the various formal and informal methods people use to resolve their serious problems and issues related to access to justice for Canadians.

In 2021, slightly more than one-third (34%) of Canadians reported experiencing one or more problems in the previous three years, with 18% stating that these problems were serious or not easy to fix. The most commonly reported serious problems experienced by Canadians were: obtaining social or housing assistance or other government assistance (21%), receiving poor or incorrect medical treatment (16%), being harassed (16%), being discriminated against (16%), and a problem with a large purchase or service (15%).

The majority (87%) of Canadians who experience a serious problem take action to resolve their most serious legal problems, but most choose to resolve them outside of the formal justice system. The most commonly reported actions taken were searching the internet (51%), obtaining advice from friends or relatives (51%), and contacting the other party involved in the dispute (47%). One-third (33%) of affected Canadians contacted a legal professional to help address and resolve their problems.

Of those who chose not to take any action towards resolving their most serious problem, slightly over half (53%) said that they did not think anything could be done about the problem. Other commonly reported reasons were that they thought it would make the problem worse (19%), they did not know what to do or where to get help (18%), and they thought the process would be too stressful (18%).

Across the provinces, 21% of cases were resolved at the time of the survey, with an additional 19% in progress. The proportion of cases resolved varied depending on the province, ranging from 16% in New Brunswick to 24% in Newfoundland and Labrador.

Most Canadians who experienced at least one serious problem stated that their most serious problem impacted them financially. Seven in ten (68%) people who experienced one serious problem experienced a financial impact as a result of their most serious problem, compared to 77% of people who experienced two serious problems and 86% of people who experienced three or more serious problems.

Detailed data tables

Table 1 Serious problems or disputes in the past 3 years, by type of problem and gender, provinces, 2021

Table 2 Serious problems or disputes in the past 3 years, by selected characteristics, provinces, 2021

Table 3 Canadians who experienced multiple serious problems or disputes in the past 3 years, by selected characteristics, provinces, 2021

Table 4 Experiences of serious problems related to harassment in the past 3 years, by Indigenous identity, Canada, 2021

Table 5 Experiences of serious problems related to discrimination in the past 3 years, by Indigenous identity, Canada, 2021

Table 6 Actions taken or reasons for not taking action to resolve most serious problem or dispute in the past 3 years, by gender, provinces, 2021

Table 7 Financial, health, and social impacts of most serious problem or dispute in the past 3 years, by gender, provinces, 2021

Table 8 Reported impacts resulting from most serious problem, by number of problems, provinces, 2021

Table 9 Resolution status of serious problems or disputes in the past 3 years, by province, provinces, 2021

Table 10 Resolution status of most serious problem or dispute in the past 3 years, by type of problem, provinces, 2021

Model 1 Logistic regression: odds of experiencing one or more serious problem, provinces, 2021

Survey description

In 2021, Statistics Canada conducted the first cycle of the Canadian Legal Problems Survey (CLPS). The purpose of the Canadian Legal Problems Survey (CLPS) is to identify the kinds of serious problems people face, how they attempt to resolve them, and how these experiences may impact their lives. The target population for the CLPS is the Canadian population aged 18 years of age and older living in one of Canada’s 10 provinces, with the exception of those residing in institutions.

Data collection took place from February to August, inclusively. Responses were obtained by self-administered online questionnaire or by interviewer-administered telephone questionnaire. Respondents were able to respond in the official language of their choice.

The sample size for the 10 provinces was 21,170 respondents. The overall response rate was 50.3%. Respondents in the sample were weighted so that their responses represent the non-institutionalized Canadian population aged 18 and older.

Data limitations

As with any household survey, there are some data limitations. The results are based on a sample and are therefore subject to sampling errors. Somewhat different results might have been obtained if the entire population had been surveyed.

For the quality of estimates, the lower and upper bounds of the confidence intervals are presented. Confidence intervals should be interpreted as follows: if the survey were repeated many times, then 95% of the time (or 19 times out of 20), the confidence interval would cover the true population value.

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