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ARTICLE · 06 JUNE 2022

Narrative Lives And Affective Advocacy

Traditional advocacy focuses on effective justice – on outcomes, results, and rulings. The outcomes of litigation are of course tremendously important in shaping the life of law.

CanadaLitigation, Mediation & Arbitration

Justice should not only be done,
but should manifestly and undoubtedly be seen to be done.

Lord Hewart C.J.
R. v. Sussex Justices, Ex parte McCarthy, [1924] 1 K.B. 256

But why can't justice also be felt, in the process of being done? Is there room for affective advocacy in modern litigation?

Traditional advocacy focuses on effective justice – on outcomes, results, and rulings. The outcomes of litigation are of course tremendously important in shaping the life of law. But as Canadian courts and communities continue to be ground under the weight of backlogs and worsening access to justice crisis, modern advocates need to give more care and attention to our clients' experience of the justice "process". Process and outcome are, after all, echoes of one another just as form and function, and so justice needs to be more than seen to be done, it needs to be felt to be done by those encountering it.

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