A key barrier to accessing justice in rural and remote communities is the lack of high-quality, reliable Internet. According to Statistics Canada, households in rural areas are nearly twice as likely to lack home Internet access and are almost ten times more likely to cite poor Internet quality as the reason for not having it.[1] Over the last few years, much of the legal world has shifted from the physical to digital space. Those unable to access information or services online are increasingly at a disadvantage. This means that there are potentially millions of Canadians who cannot access justice in the same way that urban Canadians can.[2]
Shift to Digital
Before the COVID-19 pandemic, most legal services were only available in-person.[3] Lawyers were often reluctant to communicate with clients unless they met in-person. However, things quickly shifted once the pandemic hit. Telephone usage increased significantly, and the increased use of telephone communication rather than in-person meetings has continued.[4] During the pandemic, there was some consensus that remote proceedings were effective as an alternative to in-person proceedings, particularly for appeals, lower-value cases, and less complex matters.[5] Post-pandemic investments in online legal service delivery such as Ontario’s 2023 Digital Justice Platform announcement signal a continued appetite for and confidence in remote service delivery.[6] There were also several other shifts during the pandemic which arguably demonstrated a path forward for increased integration of online services for legal problem resolution. For example, videoconference platforms were used for mediations, arbitrations, and hearings.[7] Additionally, the introduction of electronic court document filing (through secure drop boxes, online portals, or email) and the option to pay court fees by phone were widely viewed as significant advancements, in the context of the pandemic.[8]
While many legal services have since resumed in-person formats, there has been a lasting expansion of online service delivery. As a result, some legal processes and services now require Internet access. For example, in 2020, Tribunals Ontario announced that the “digital first approach will continue even when the pandemic is over,” and made it clear that in-person hearings would be the exception going forward.[9] These changes reflect a growing reliance on digital infrastructure in certain areas of legal service delivery, making Internet access increasingly important for meaningful participation.
Why This Is a Disadvantage
What this means for rural and remote communities who lack a stable Internet connection is that, for legal processes which are primarily held online, they are at a disadvantage. Common challenges could include issues connecting to the Internet at a scheduled time; Internet connectivity problems which interrupt a proceeding in progress; or there may be high costs associated with accessing a more stable connection to complete a given process. Research also suggests that video-conferencing platforms like Zoom often require clients to be more organized and self-directed than a regular face-to-face meeting.[10] Clients in rural and remote communities who do not know how to navigate these tools may appear less prepared and resourced if they are unable to quickly pull up documents or information on their laptops during the proceeding.[11]
While stable Internet is an important aspect of a high-quality network, there are other aspects that are required for truly accessible Internet. This includes affordability, speed, and having more than one network option in place to avoid blackouts and spotty service.[12] The gap between potential and actual Internet purchasers is larger in rural and remote communities than in urban ones.[13] At least in part, this reflects the high cost of Internet services and the shortcomings of current networks to adequately serve users.[14] If Internet is unaffordable or poor quality, having Internet access “is no more of an improvement to the lives of Canadians living on First Nations reserves or in rural and remote areas than having no connectivity at all.”[15]
Lack of Internet access is also a significant barrier for self-represented litigants (SRL). Self-represented litigants in rural and remote communities with limited or unreliable Internet will not be able to turn to the Internet for legal information in the ways that their urban counterparts do.[16]
It is significant that Tribunals Ontario’s digital-first approach resulted in the closure of 44 regional Landlord and Tenant Board (LTB) hearing locations where landlords and tenants once received in-person assistance from LTB counter staff — support that had helped prevent many of the errors now causing delays.[17] Those with Internet access can try to find help online, but this avenue is often unavailable to people in rural and remote communities.
Research suggests that when a person is not afforded an in-person opportunity to participate in a proceeding in which their rights are at issue, they are less likely to be successful.[18] This is due to several factors, including that non-lawyers may feel disoriented while in electronic hearings, videoconferencing makes it harder for adjudicators to recognize when a party is experiencing vulnerabilities that hinder their full participation in the hearing, and that parties may not fully grasp the seriousness and finality of remote proceedings and often fail to take advantage of available procedural safeguards, such as obtaining legal advice.[19]
Positive Outlook
Since 2015, more than $3.23 billion has been put towards broadband Internet programs by the Canadian government, with the goal of connecting 100% of Canadians to high-speed Internet by 2030.[20] The COVID-19 pandemic has reinforced that Internet access is now an essential part of cost of living.[21]
Further, a number of programs have been developed to bridge the access to justice gap in rural and remote communities. Mobile legal services are now available in some rural areas.[22] There have also been several initiatives aimed at bringing new lawyers into rural and remote communities.[23] Initiatives like these, which go beyond Internet access, are essential to achieving substantive access to justice for rural and remote populations.
Conclusion
As Canada’s justice system continues its digital shift, the lack of reliable, high-quality Internet in rural and remote communities creates a significant barrier to meaningful participation—particularly for self-represented litigants and marginalized groups. As of 2021, 40.5% of rural households in Canada lacked access to broadband Internet. By contrast, only 0.7% of urban households did not have access to this level of service.[24] This indicates that, although progress is being made for rural and remote communities, it may be happening slowly. While digital solutions can facilitate better efficiency and access, they risk exacerbating inequalities in rural and remote communities where access to reliable and affordable Internet is lacking.
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Sitara Erskine
Osgoode Hall Law School JD candidate
Canadian Forum on Civil Justice Research Assistant
Digital Justice: Rural Communities and the Access to Internet Problem
