Masuma Khan is a third-year International Development student from Halifax, Nova Scotia. She’s currently the Campaigns and Outreach Coordinator at the Equity & Accessibility Office of the Dalhousie Student Union.

Even as a young child, Masuma's feelings toward the justice system were fear and distrust. When she was 10 years old, she went with her older cousin to court to dispute a ticket. She remembers seeing court security officers turn the corner and she jumped back, scared out of her wits. She attributes that now to the cold, austere environment and lack of friendly faces in the courthouse.

She recounts another memory from childhood: her mother was in a courtroom, explaining her reasoning to the judge. No matter what her mother said, no matter how sound the reasoning behind the argument, the judge brushed her off. Masuma describes her mother as a strong, formidable woman who commands respect, and the way her mother was invalidated by the judge was seared into her memory.

The stories Masuma would hear about the justice system from family and friends, and her own experiences as a child, have coloured the way she feels about justice in Canada. Describing the overarching trend of these experiences as "white people telling you you're wrong," she feels disillusioned in the efficacy of the system. Or indeed, the efficacy of the system for non-white Canadians.  

It's a disillusionment with the justice system that she continues to hold today. While in Toronto, she attended a Black Lives Matter protest, a movement she feels strongly about. Yet she feared she and her friends would experience police brutality and would have no legal recourse because the justice system would be on the side of the police. While the justice system is supposed to exist to protect our civil liberties and right to speak our voice, Masuma feels as if her voice isn't valid, isn't worthy of being heard. She feels as if the justice system no longer supports those who are seeking justice.

However, when she speaks of her family's lawyer, who helped her with legal proceedings after she was in a car accident, it is in glowing terms. She attributes the difference being that her lawyer has known her all her life, that she feels comfortable with him. Her lawyer is not a part of a system that alienates her, but rather, he is a trustworthy guide to justice. When she walks into a courthouse, she feels as though its staff are threatened by her because she is a Muslim woman. But with her lawyer, she feels safe in the knowledge that he doesn't see her as a threat, but rather as a person who is in need of help.

University students aren’t just students. We are racialized folks, we are women, we are immigrants, and we are just as diverse as the rest of the population. Thus, we don’t experience the justice system just as students, we experience it as people. 

That being said, there are unique circumstances that separate university students from the rest of the population. Typically, we’re young adults who are stressed and thousands of dollars in debt to pay for the post-secondary education that’s increasingly necessary in today’s society. This isn’t true for some students, but it is certainly a trend.

This series of stories, shared by students living in Halifax, Nova Scotia, will attempt to highlight the unique challenges students face in accessing the justice system. Check back for Masuma’s story tomorrow!

Did you know this week (Oct. 17-21) is Access to Justice Week? The Action Group on Access to Justice (TAG) in Ontario is hosting a series of events Monday through Friday in Toronto, which is sure to keep the access to justice conversation rolling.

Angela Hou is a practicum student with the Equity & Access Office of the Nova Scotia Barristers’ Society. She recently attended a story circle hosted as part of our preparations for #TalkJustice 2.0. Here, she shares her experience:

The only time I've ever interacted with the justice system was to appeal a speeding ticket. Something incredibly mundane, and not very exciting. However, I was 14 years old, the ticket was my mother's, and she didn't have any idea how to handle it. As the best English speaker in the family, I was left to negotiate the complexities of legal language and the Canadian legal system because neither of my parents were equipped culturally or linguistically to do so. I was confused and intimidated and at the end of the bureaucratic ordeal, the legal system was still shrouded in mystery for me and my family. All this for a speeding ticket.

This is the story I told my breakout group during the Story Circle in the Mi'kmaw Native Friendship Centre.

Other stories were told that speak to how the justice system absolves itself of responsibility for injustices, stories that showcased chronic fatigue of overworked legal workers, and stories of the justice system denying the humanity of the very people it is supposed to serve. All the stories impressed upon the need for change. The need, as one participant put it, to put the heart back into the justice system.

If for me, navigating the Canadian justice system as a racialized immigrant is difficult, I can imagine it is similarly so for other marginalized groups in Canada. The only thing is, sometimes it's not just a speeding ticket. Sometimes it's a matter of life imprisonment.

Stories from LISNS is a new ongoing series from #TalkJustice. The series documents what happens when Nova Scotians contact the Legal Information Society of Nova Scotia to attempt to resolve their legal problems, and how those problems intersect with other “struggles of everyday life.” Certain details have been omitted to protect the anonymity of callers.

 #11:  Trying to collect a small claims debt

The caller won his case in Small Claims Court, but has spent several fruitless months trying to collect on the debt.  He cannot get enough information about the defendant’s whereabouts and financial situation, and is very frustrated.  He feels the enforcement rules protect the defendant and not the successful party.

What can the justice system learn from a story like this?

Conflict often does not end with a court decision. How can we develop new and innovative tools for enforcing judgments that fairly balances the rights and responsibilities of both creditors and debtors?

Stories from LISNS is a new ongoing series from #TalkJustice. The series documents what happens when Nova Scotians contact the Legal Information Society of Nova Scotia to attempt to resolve their legal problems, and how those problems intersect with other “struggles of everyday life.” Certain details have been omitted to protect the anonymity of callers.

 #10: When justice system processes escalate conflict

 A senior received a “Protection of Property” notice, banning them from going to a municipally owned property.  The impact was very significant on this person’s life, as they had a low income and had few alternatives in terms of a place to go to socialize at little cost. The person tried to negotiate with the property owner, but with no luck.  They were planning to violate the notice in order to go to court and challenge the ban.

 What can the justice system learn from a story like this?

Community-based dispute resolution could resolve this issue in a more restorative way. What skills and resources do communities need to resolve disputes themselves? How can those of us who work in the justice system bring those skills and resources to the community level?