 |
| Heather Campbell Pope |
As more systems move online, a troubling gap is widening for many seniors and people with dementia. Tasks that once began with a conversation across a desk — applying for benefits, signing documents or seeking advice — are now hidden behind chatbots, automated menus and complex online forms. For individuals experiencing cognitive decline, these barriers can turn simple processes into overwhelming challenges.
When these same barriers extend into the legal system, justice can easily slip out of reach. Innovation and technology have created important new ways to deliver legal services, but they are not the right fit for everyone. For many older adults, especially those with dementia, the shift online can unintentionally create new hurdles. Balance and good practice mean keeping people — not platforms — at the centre.
Recent research reinforces this need. Pro Bono Ontario’s 2024 Gateways to Justice report recommends a continuum of virtual and in-person approaches, and the Advocacy Centre for the Elderly’s 2023 study concluded that in-person services are critical, noting that “virtual-only strategies have left seniors unable to fully access essential support systems and vital networks, exacerbating isolation and marginalization.” Both reports underscore the same conclusion: access to justice depends on human connection, not just digital convenience.
Courts, too, have shown that slowing down can serve justice. In R. v. Larocque, 2025 QCCQ 4763, the judge took deliberate care to ensure that an older witness — who was paralyzed, incontinent and living with a major neurocognitive disorder — was treated with patience and dignity. The court took breaks as needed and instructed counsel to keep questions short and simple, as the witness was easily overwhelmed.
In the judge’s words, “The process was long and tedious, but it was generally effective.”
Larocque illustrates that justice does not lose legitimacy when it slows down — it gains it.
Fairness is not always about speed; it is about taking the time to listen, adapt and ensure that everyone, regardless of ability, can meaningfully participate. This kind of patience is a quiet but powerful form of justice — one that moves at the speed of understanding.
Ensuring access to justice for people with dementia means more than just keeping up with technology; it means re-centering the human experience in a system that sometimes forgets its most vulnerable users. That responsibility belongs to all of us who work and volunteer in and around the justice system.
Across Canada, community legal clinics, pro bono lawyers and others have long provided essential, in-person support to seniors navigating the justice system. Their work has demonstrated how vital human connection is in resolving legal problems with dignity and understanding. My own grassroots efforts simply build on this foundation. Last month, I launched the Dementia Justice Clinic, a small initiative in Ottawa that provides free, in-person legal information to people with dementia and their families.
As a program without walls, I host information tables in community spaces such as libraries, community centres and farmers’ markets. I offer printed brochures from other non-profits, taking information that is online and placing it into the hands of those who may not know where to start. For many, a short conversation can be the first step toward finding support and feeling less alone.
I also visit retirement homes and other residential settings to reach seniors where they live. Many residents face mobility challenges or may not feel comfortable navigating community events on their own. By bringing resources directly into these spaces — through informal chats and small group sessions — I aim to make legal information a little easier to access and a little less intimidating.
To help people take the next step, I am building a directory of Ottawa lawyers who offer a free 30-minute consultation to people with dementia and their caregivers. Participating lawyers complete short readings on elder law ethics, capacity, elder abuse and dementia-friendly practices. An annual fee supports clinic operations. This initiative marks the beginning of a broader effort to expand capacity. Additional support would make it possible to strengthen training and grow the network of lawyers and pro bono services, while remaining alert to the risks posed by unscrupulous actors.
These are small steps that complement the valuable work many others are already doing, especially those who have long championed access to justice for seniors. My goal is simply to add one more piece to that collective effort — one table, one brochure, one conversation at a time. Each interaction is a reminder that justice doesn’t need to be fast to be accessible.
As dementia rates rise, the justice system must balance innovation with the personal touch that makes legal help meaningful. The goal is to create pathways that are simple, compassionate and human-centred. I encourage lawyers to join the directory and help ensure that people with dementia can access legal support in a way that works for them.
Heather Campbell Pope, LLB, LLM, is founder of Dementia Justice Canada, a small non-profit dedicated to safeguarding the rights and dignity of people with dementia.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Peter Carter at peter.carter@lexisnexis.ca or call 647-776-6740.