The justice system is currently broken because many lawyers and some judges are like blind men who proceed to debate among themselves about the true nature of the elephant, each believing passionately that their answer is the only true one, based (literally) on the evidence at hand.
In Ontario, this arbitrary abuse of power has become the norm, it is not acceptable and common people get it.
It's time for major change, and these are some of the understandings that must be practiced and clarified to fix the broken system.
Unless one is personally informed and aware, it is essentially necessary to emphasize current failures through specific examples and/or metaphor:
According to a sutra from the Udana, one day the Buddha was approached by a group of his followers, who inquired about the many ascetics and holy men living in the area with their widely varying and often contradictory views about the nature of reality and spirituality. The Buddha responded with a parable about an earlier king, who had ordered that all of the local men who had been blind from birth be brought together and presented with an elephant.
After each of the blind men had explored a different portion of the elephant, they were asked by the king to describe the beast. Those among the blind who had touched the head of the elephant replied, 'an elephant, your majesty, is just like a water jar.' Those who had felt the ear of the elephant replied, ‘an elephant… is just like a winnowing basket.' Those presented with the tusk of the elephant replied, 'an elephant… is just like a plowshare.' Those confronting the trunk replied, 'an elephant… is just like a plow pole.' The ones at the hindquarters pronounced, ‘an elephant… is just like a mortar.’ Those feeling the massive body replied, 'an elephant… is just like a storeroom.' Those touching the foot replied, 'an elephant… is just like a post.' And those at the tail of the beast responded, 'an elephant, your majesty, is just like a broom.'
The blind men proceeded to debate among themselves about the true nature of the elephant, each believing passionately that their answer was the only true one. Eventually the disagreement became so heated that the participants began beating one another with their fists. According to the story, the king had been delighted with the spectacle, while the Buddha saw the tale as a metaphor for the disputations of the local holy men, saying:
Some recluses and brahmans, so called, Are deeply attached to their own views;
People who only see one side of things Engage in quarrels and disputes. (Udana VI.4)1
This parable admirably demonstrates the fact that an exceedingly narrow focus inevitably leads to an extremely cruel and arbitrary abuse of power and those who exercise the outcome of the well-known metaphor, of ‘not being able to see the forest for the trees’ should not be judges or lawyers.
In the meantime, Lawyers and Judges have been "fixing the problem" in their own minds.
For example, Paul Schabas, a partner at Blakes law firm and treasurer of the Law Society of Upper Canada, said access issues have been front and centre in the legal system for many years. “We’re trying to take steps, creative steps, to work with all the stakeholders to improve access for justice” he said.
We are the stakeholders, we have been hearing the same rant for years and it is time for action. Word are not enough and despite all the "fixing" there, it appears, less access to justice today than there was when our parents raised us.