SPILL: What Do You Want the Public to Know About the Law?

The importance of public education around the rule of law and administration of justice continues to be a topic of much discussion, but where do the greatest gaps between reality and perception lie? We asked lawyers: “If you could snap your fingers and make the public understand one thing about how the Canadian legal system works, what would it be?”

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Discretion is Not Arbitrary

“If I could snap my fingers and make the public understand one thing about how the Canadian legal system works, it would be that the rule of law is not just about following rules—it requires decision-makers to exercise discretion within a principled framework. Every legal decision must be grounded in relevant facts, established case law, and statutory authority, ensuring fairness, consistency, and adherence to legal precedent. Discretion is not arbitrary; it is a structured, reasoned process that upholds justice and public confidence in the legal system.” - Alex Battick, Battick Legal Advisory

System Won’t Work Without Cooperation

“The civil justice system generally does not work without cooperation as between the lawyers. The system is adversarial by design, but the parties have to work together, as they have a common problem – a dispute – that needs to be addressed as between themselves or by the court. This is particularly important in an underfunded justice system which does not have enough judges and resources to service the legal needs of the residents of this Province.” - Michael Kealy, Moodie Mair Walker LLP

Distinction Between Civil and Criminal

“I wish people understood the difference between civil and criminal responsibility. You can be negligent and it’s not a crime.” - Brenda Hollingsworth, Auger Hollingsworth Professional Corporation

Barriers to Accessing Legal Services

"No system is perfect and that includes the administration of justice network across the globe. Despite efforts, there are still barriers to accessing legal services, particularly for marginalized communities. The Canadian legal system is continuously evolving to address these gaps and ensure that justice is administered fairly and efficiently." - Abhinav Sharma, AVOS Law Professional Corporation

Similar Cases Can Have Vastly Different Outcomes

“I wish the public understood that the Canadian legal system is not just about laws—it’s about discretion, meaning two similar cases can have vastly different outcomes. In certain immigration applications and hearings, officers and decision-makers assess factors like establishment, hardship, or rehabilitation on a case-by-case basis, making the strength of legal arguments, supporting evidence, and strategic presentation critical. The way a case is presented can be the deciding factor between approval and refusal. That’s why strong legal representation matters.” - Aminder Kaur Mangat, AKM Law

Not the Be-All and End-All

“That legislation isn’t the be-all and end all of the law.” - Robert Richler, Bernardi Human Resource Law LLP

Importance of Judicial Independence

"If I could snap my fingers and make the public understand one thing about the Canadian legal system (or just a fundamental principle for the rule of law), it would be the importance of judicial independence. Judges must make decisions based on the law, not political pressure, public opinion, or personal interests. Many people think judges should follow popular sentiment or align with government priorities, but their main job is to uphold the law and the Constitution, even when it leads to unpopular or difficult decisions. This independence protects fundamental rights, ensures fairness, and keeps public confidence in the legal system strong. One way to look at this is that who interprets the law is often more important than the law itself. Around the world, many dictatorships and authoritarian regimes have beautifully written laws that promise rights and justice, but in reality, they are just words on paper. Without independent judges and a legal system that applies the law fairly and consistently, those rights mean nothing." - Claudio Klaus, University of Toronto Faculty of Law (GPLL.M Student), Studying Law Around the World Podcast

The Small Picture: Gavels Away!

“Canadian courts don’t use gavels!” - OBA staff

The Last Word: A System Worthy of Investment

“The Canadian legal system is one of the best in the world. It is made up of brilliant jurists, skilled advocates, and it's regulated by laws underpinned by equity and equality. However, it is far from perfect. Our jurists are overworked, the legal fees are cost prohibitive, and the laws are far too often ineffectually enforced. Despite these shortcomings, our legal system can be enhanced by constant investment in human, knowledge, and financial capital to decrease judicial vacancies and expand access to justice. Our legal system must not be taken for granted and constantly reinvested in to protect its integrity and Canada's standing in the world as a leader in the promotion and protection of the rule of law.” - Matthew Rendely, Loopstra Nixon LLP