How has the LFO evolved over time?
In 2014, the LFO celebrated its 40th anniversary. The LFO has evolved in many ways since it was first created in 1974, while staying true to its access to justice mandate.
Many LFO decisions are about how to allocate the 25% of its funding that is not required by law to go to Legal Aid Ontario. In the early years, the bulk of this discretionary funding went to institutions such as the Law Society of Upper Canada, law schools, and law libraries.
Over time, the LFO has become more proactive and creative in identifying areas of need and new ways of meeting them. As a result, a much broader range of organizations now has access to LFO funding for innovative projects, services and research.
In addition to traditional grant programs, the LFO has:
- Created an award, three types of fellowships, and four targeted granting programs.
- Commissioned leading edge research and consultation.
- Contributed to the creation of exciting new organizations such as the Ontario Justice Education Network, Pro Bono Law Ontario, and the Law Commission of Ontario.
- Worked with groups of community agencies to strengthen their capacity and share knowledge.
The more focused, proactive and strategic approach is especially important in times of scarce resources. We are currently in a period of low revenues because our revenues are largely dependent on volatile interest rates. In 2010, for example, revenues from mixed trust accounts were less than 20% of 2007 amounts.
Highlights in the LFO History
1974: Creation of The Law Foundation of Ontario
An amendment to the Law Society Act established The Law Foundation of Ontario in 1974. The purpose was to receive the interest on lawyers’ mixed trust accounts and to use it to support legal education, legal aid, legal research, and law libraries. The LFO was the third Canadian jurisdiction to create a law foundation. British Columbia was first in 1969, followed by Saskatchewan in 1971. As of 2001, all Canadian provinces and territories had law foundations in place.
Sydney Robins was the founding Chair of the LFO. He had been the Law Society Treasurer and later served as a judge on the Supreme Court of Ontario and the Ontario Court of Appeal.
1979: The Osgoode Society for Canadian Legal History
The Osgoode Society is the only national organization devoted to recording the history of Canadian law. It has published more than 80 titles (many award-winning), and recorded hundreds of oral history interviews stored with the Archives of Ontario. The Honourable Roy McMurtry founded the Osgoode Society in 1979 with support from the LFO, the Ministry of the Attorney General, and the Law Society of Upper Canada. The LFO has supported the Osgoode Society’s unique mandate through annual grants since 1980. Learn more…
1983: Association of Canadian Law Foundations
The Association of Canadian Law Foundations was formed in 1979. The Association promotes excellence in the work of Canada’s law foundations through annual conferences and information sharing. The LFO is also an associate member of IOLTA, the equivalent body in the United States.
1993: Creation of the Class Proceedings Fund
The Class Proceedings Fund began in 1993 with a $500,000 grant from the LFO. The fund helps plaintiffs in class action lawsuits by funding legal disbursements and covering adverse cost awards. The Class Proceedings Fund and the Class Proceedings Committee were established under a 1992 amendment to the Law Society Act. Learn more..
1996: Guthrie Award
The Guthrie Award acknowledges outstanding individuals or organizations for their contributions to access to justice and excellence in the legal profession. The LFO created this award in 1996 to honour H. Donald Guthrie who served as a Trustee for 21 years, including 13 years as the Chair. Learn more…
2001: Creation of Pro Bono Law Ontario and the Ontario Justice Education Network
In 2001, the LFO helped to create two exciting new organizations:
- Pro Bono Law Ontario creates opportunities for lawyers to provide free (“pro bono”) legal services to people of limited means and the charitable organizations that serve them.
- The Ontario Justice Education Network strengthens public understanding of the legal system and the administration of justice.
2005: Articling Fellowships
In 2005, the LFO created a program to fund articling student positions at public interest organizations.
Examples of organizations that have received articling fellowships include: Amnesty International, Lake Ontario Waterkeeper, Barbra Schlifer Commemorative Clinic, Association in Defence of the Wrongly Convicted, and Canadian Civil Liberties Association. Learn more…
2005: Roy & Ria McMurtry Endowment
In 2005, the LFO established the Roy & Ria McMurtry Endowment which currently funds two annual scholarships. One scholarship is for youth who have been at risk of being in the criminal justice system, and is administered through the Second Chance Scholarship Foundation. The other is for a student of an Ontario law school, distributed to each school on a rotating basis. Learn more…
2006: Community Leadership in Justice Fellowships
In 2006, the LFO created the Community Leadership in Justice Fellowships. This program funds two community leaders for a sabbatical at a post-secondary institution. This enables the Fellow, the academic institution, and the public interest organization to pursue ways to address distinct and challenging aspects of the law and the justice system. Learn more…
2006: Law & Innovation Fund
The LFO expanded its outreach with the creation of a one-time Law and Innovation Fund. The aim was to fund projects to address critical gaps facing disadvantaged population groups, enabling them to better understand and act on their legal rights. The LFO solicited applications from across Ontario that related to six themes:
- The working poor
- Victims of domestic violence
- Aboriginal peoples
- People with mental health challenges
- People who speak neither official language
2007: Law Commission of Ontario
The LFO worked with the Ministry of the Attorney General, Osgoode Hall Law School, and the Law Society of Upper Canada to create the Law Commission of Ontario. Its mandate is to recommend law reform measures to make the law accessible to all Ontarians. Learn more…
2007: Debt Repayment Assistance Program
The Debt Repayment Assistance Program helped law school graduates who had made a commitment to careers in public interest law. During each year of this five-year program, one graduate from each of Ontario’s law schools was eligible to receive $30,000 over a three-year term to help repay educational debt. This enabled them to follow career paths in public interest settings that paid less than private practice. The LFO committed nearly $1M during the life of the program.
2008: Inclusion of Paralegals
The LFO now receives interest on paralegals’ mixed trust accounts just as it does for lawyers’ mixed trust accounts. This is due to a 2008 amendment to the Law Society Act that brought paralegals under the regulatory authority of the Law Society of Upper Canada.
2008: Linguistic and Rural Access to Justice (The Connecting Report)
The LFO commissioned a report to identify systemic responses to two key barriers to access to justice: language barriers and barriers facing people who live in rural and remote areas. The report (“Connecting Across Language and Distance”) became the basis for the LFO’s Connecting Project. In 2009, the LFO began implementing the report through Connecting Articling Fellowships. During the first five years, the LFO made grants for 44 Connecting Articling Fellowships. Learn more…
2009: First Cy-Près Award
In 2009, the LFO received its first cy-près award from proceeds of a class action lawsuit. This new source of funding enabled the LFO to create the Access to Justice Fund. The LFO established a consultation group and enlisted all Canadian law foundations to assist in its grant making across the country. Learn more…
2010: National Access to Justice Fund
With cy-près award proceeds, the LFO launched the Access to Justice Fund to receive applications relating to five themes:
- Consumer rights
- Domestic violence
- Aboriginal issues
- Linguistic & rural barriers to access to justice
2010: Organizational Evaluation
In 2010, the LFO commissioned an independent evaluation. The evaluator concluded that the LFO is moving towards its desired results and has the key elements in place to assure effectiveness. Strengths include management and administration, grant making, and relationships with grantees. The LFO is effective as a catalyst as grantees use their LFO grants as leverage to obtain more funding, partnerships and recognition.
The evaluator also recommended that the LFO strengthen its efforts to:
- Maximize revenues.
- Assess priorities among grant programs.
- Collect information to help to assess the impact of grant making.
- Invest in human resources to bolster stability and productivity.
2011: Connecting Project
In 2011, the LFO implemented more recommendations from the Connecting Report to create innovative partnerships among legal and community organizations:
- Connecting Communities: to improve the ability of non-legal organizations to provide basic legal information and referral to their clients.
- Connecting Region/Ottawa: to improve the local delivery of legal information, referrals and services to Ottawa residents who speak neither English nor French or who have communication impairments or disorders.
- Applications to enhance access to interpretation services for people who are Deaf and for linguistic minorities
Planning for the Future
Over the next few years the LFO will continue to:
- Focus on activities that achieve the greatest impact for disadvantaged groups.
- Explore new ways to reach community organizations, lawyers, paralegals, students, and justice sector partners.
- Encourage cy-près awards from class action lawsuits to the LFO’s Access to Justice Fund.
We believe that these strategic directions will help the LFO to continue making an impact on access to justice even in times of reduced trust account revenues due to low interest rates.