Deminor Wiki –Canadian Institute for the Administration of Justice (CIAJ)

History

The CIAJ was established in 1974 at Osgoode Hall Law School of York University in Toronto. The organisation was founded by then Associate Dean Stephen Borins and Dean Harry Arthurs, with initial funding from a $225,000 grant provided by the Donner Foundation. Professors Allen M. Linden and Sidney J. Lederman served as the first Director and Associate Director respectively, establishing the organisation's foundational structure as an independent, university-housed body serving as the educational, planning, and research arm for courts and administrative tribunals throughout Canada.

The organisation relocated to the Faculty of Law at the University of Alberta in Edmonton in 1978, where it remained until 1986. Subsequently, the CIAJ moved to the Université de Montréal, where it continues to be housed today. The year 1999 marked the organisation's 25th anniversary, prompting a comprehensive review and update of its mandate. In 2014, after four decades of operation, the CIAJ undertook further modernisation efforts, renewing its visual identity, revising its statutes, establishing a social media presence, and adopting a new strategic plan.

Structure and Membership

The CIAJ operates as a bilingual organisation, offering services in both English and French. Its membership draws from all regions of Canada and encompasses a diverse range of justice system stakeholders, including members of the legal profession, the judiciary, law professors and students, legislative drafters, members of administrative tribunals, journalists, court personnel, government agency representatives, social and police agency staff, and members of the public. This multidisciplinary composition enables the organisation to address issues affecting the administration of justice from multiple perspectives.

Programs and Activities

The CIAJ delivers a comprehensive suite of programs designed to advance the administration of justice. These include annual conferences addressing forward-looking topics such as artificial intelligence in legal institutions, access to justice, Indigenous peoples and the law, and human dignity in Canadian law. The organisation also conducts conferences on legal drafting, national and regional seminars on administrative and regulatory law, seminars on judgment writing, and training programs for newly appointed judges and long-serving members of the judiciary.

A significant component of the CIAJ's work is the Charles D. Gonthier Research Fellowship, named in honour of the late Mr Justice Charles D. Gonthier of the Supreme Court of Canada, who served as a former President of the CIAJ. Established in 2001, this fellowship supports research related to the annual conference theme and is open to faculty and graduate students at Canadian universities. The organisation also publishes research papers, reports, and recommendations aimed at informing justice system reform.

Litigation Funding Context

The CIAJ's mission intersects significantly with the objectives of litigation funding through its sustained focus on access to justice, a fundamental challenge that third-party funding seeks to address. The organisation has consistently examined barriers preventing Canadians from accessing the justice system, including the rising costs of litigation, the increasing prevalence of self-represented litigants, and systemic delays in court proceedings.

Canada has witnessed substantial growth in third-party litigation funding, particularly in class actions and commercial disputes. Canadian courts have approved funding arrangements since the mid-2010s, with judicial acceptance established through cases such as Schenk v. Valeant Pharmaceuticals (2015) and Houle v. St. Jude Medical Inc. (2017). The Ontario Class Proceedings Act now contains specific provisions governing third-party funding agreements, requiring court approval to ensure fairness to class members.

The CIAJ's work on access to justice provides valuable context for understanding the role of litigation funding in the Canadian legal landscape. Through initiatives such as its National Summits on Access to Justice, roundtables on criminal court delays, and partnerships with organisations like the National Self-Represented Litigants Project, the CIAJ addresses the same fundamental access barriers that litigation funding helps overcome. For litigation funders operating in Canada, the CIAJ's research and policy recommendations offer important insights into justice system challenges and reform efforts that shape the regulatory and practical environment for funded cases.

Conclusion

The Canadian Institute for the Administration of Justice occupies a central position in Canadian legal education and justice system reform. For over five decades, it has served as a vital forum for dialogue among judges, lawyers, academics, policymakers, and the public on matters affecting the administration of justice. Its ongoing work on access to justice, court modernisation, and the challenges facing self-represented litigants provides essential context for understanding the environment in which litigation funding operates in Canada. As the Canadian litigation funding market continues to mature, the CIAJ's research and policy initiatives will remain relevant to funders, legal practitioners, and claimants navigating the evolving landscape of dispute financing.