Opinion: British Columbians have not yet lost faith in the justice system

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Written for Daily Hive by Sarah Leamon, a criminal lawyer living in Vancouver, who works on high-profile cases. Leamon founded the Sarah Leamon Law Group in 2018.

With rising crime rates throughout the province and a so-called “catch and release” bail system, a new poll conducted by Research Co. has confirmed something that many may have already suspected – British Columbians are generally unsatisfied with the justice system.

Eight hundred British Columbians were asked to rate the justice system on a scale of one to 10, with one being the least satisfied and 10 being the most. They were also asked to identify areas of concern based on their perceptions of or interactions with the system itself.

The poll results found that only 19% of residents would rate our justice system with a score of eight or above, while 25% rated it as a three or lower. Unsurprisingly, half of the participants fell somewhere in the middle – giving the justice system a grade between four and seven.

Participants over the age of 55 and those of Indigenous descent were more likely to give the
system a lower grade, with almost a quarter of Indigenous people awarding it a one out of 10.

But behind the dissatisfaction, the poll also spoke to some longstanding issues that have
plagued our justice system over the years.

A primary source of dissatisfaction was identified as a delay. Poll participants overwhelmingly cited delay as being one of their most central grievances about a broken system, with 82% voicing it as a leading concern. The same respondents seemed to support more resources being given to the justice system to help matters move along in a more expedient manner.

Public support for more resources is good news. More resources would almost certainly help to curb courtroom delays.

But perhaps what is most revealing about this information is that it reflects equal support for a solution to the problem as the concern with the problem itself. This shows that the public – while perhaps disillusioned – has not yet lost faith in the justice system altogether. It reflects a sort of optimism that a solution can be found and that any perceived issues are repairable with the right amount of resources and support.

It, too, is good news.

But it’s not all good news. According to poll participants, another perceived problem with the justice system has to do with access to justice. A whopping 79% of participants said that the outcome of a court case will depend on how good the lawyer is.

While legal acuity can assist in advancing a case, this overwhelmingly strong response raises
questions about how the public perceives the fairness of our judicial and the rule of law. If
good money can buy the best lawyer, and the best lawyer will get the best results, then it
follows that those who cannot afford top-of-the-line legal counsel will get the short end of the stick. It also suggests the perception of a two-tier legal system, which is downright disturbing.

However, this perception does not appear to be rooted in reality.

Out of all poll participants, less than half actually had any first-hand interactions with the justice system themselves; and more than half of those participants rated their experiences as “fair.”

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Fifty-nine per cent of those who dealt with traffic or bylaw matters felt that their outcomes
were fair, while 53% of family law and civil litigants walked away satisfied. The sense of fairness was slightly lower for those who interacted with the criminal justice system though, but not by much. Forty-six per cent of participants said that their resolution was fair there, while 45% said it wasn’t.

Still, it all seems pretty fair. It also seems disconnected from the general sense of
dissatisfaction expressed by most poll participants.

However, what is revealing about the fact that only half of participants had first-hand
interactions with the justice system is the flip side – over 50% of people polled were basing
their opinions on second-hand accounts, like news stories and other sources of information.

Accounts like that may not offer the most accurate insight into what is actually going on, which could explain the seemingly jumbled results and somewhat jaded perceptions.

So, while our justice system is not perfect – and admittedly in need of some repair – this poll ultimately reflects a persisting sense of faith in our current system, as well as hope for the future.