In a speech last week, McLachlin noted that while the rich can afford to hire lawyers and the very poor can apply for government-funded legal aid, most other Canadians struggle to obtain justice.

Even though most disputes are settled out of court, they can still be expensive, and those that do wind up in court can be ruinous.

As the Star's Tracey Tyler recently reported, a three-day civil trial can cost more than $60,000.

McLachlin described the options for most working people with legal problems as "grim."

They can "use up the family assets in litigation; become their own lawyers; or give up," McLachlin told her audience at Toronto's Empire Club. "The result may be injustice."

Chilling words, those. And sadly accurate. Moreover the problems don't end there.

Many people who choose to represent themselves tie up the system because they are ill-prepared to navigate legal procedures. Judges who try to help them risk being seen as biased.

And when costs deter people from pursuing groundbreaking legal cases – Charter of Rights and Freedoms cases spring to mind – the courts miss out on trying issues that can push the law in new directions.

As McLachlin warned, "the most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve."

Her troubling appraisal bolsters Ontario Chief Justice Roy McMurtry's view that access to justice is the most critical issue facing the legal system.

Some "modest progress" is being made, McLachlin notes.

Some lawyers offer free, or pro bono, services to clients who cannot afford to pay.

People who represent themselves in court can turn to special clinics for guidance.

Class actions and rule changes allowing contingency fees in more cases also are helping more people bring lawsuits.

There needs to be more innovative thinking on these lines. Governments, judges and lawyers, the people who administer the system, must put their heads together to find ways to make the courts more accessible.

And, of course, Ontario and the other provinces must review eligibility and funding for their legal aid programs, with a view to expanding access.

"Whatever our political persuasion or our particular conception of justice, there can be no doubt that Canadians today expect a just society," McLachlin reminded her audience.

"They expect just laws and practices. And they expect justice in their courts."

To which we might add: Without going broke.