TORONTO (CP) - Much has changed in the 25 years since the Charter of Rights and Freedoms was introduced and Canada's court system needs to change too, the country's top judge said Thursday.

Supreme Court Chief Justice Beverley McLachlin said the courts are now facing growing pains that are limiting access to the justice Canadians deserve.

"Canadian society is changing more rapidly than ever before," McLachlin said during a speech to the Empire Club of Canada.

"It should not come as a surprise that Canada's justice system in 2007 does face challenges."

In today's post-charter era, McLachlin said the number of pretrial motions have increased and since more areas are open to questioning, both civil and criminal trials have become less predictable.

Citing drawn-out and delayed trials as examples of the effects of such changes, McLachlin said middle-class Canadians could end up draining their pocketbooks trying to navigate the more complicated court system.

When those people run out of cash, they're often forced to choose between borrowing money, representing themselves or simply giving up their legal battles, she said.

While some may qualify for legal aid, McLachlin said most middle-class Canadians won't.

"They have some income, they may have a few assets, perhaps a modest home," she said.

"This makes them ineligible for legal aid, but at the same time, they quite reasonably may be unwilling to put a second mortgage on their house, or gamble with their child's college education fund, or retirement savings to pursue justice in courts."

McLachlin said those who decide to serve as their own lawyer do a tremendous disservice to both themselves and the court system.

"Our courtrooms today are, if not filled, amply represented with litigants who are not represented by council, who are trying to navigate (the system)," she said.

"(They) impose a burden on courts and work their own special forms of injustice."

McLachlin said some courts are reporting that up to 44 per cent of their cases involve plaintiffs representing themselves.

The influx of first-time "lawyers," she said, has resulted in a lot of wasted court time as judges and lawyers are forced to explain basic legal concepts and correct errors by filing motions that slow down the process and backlog the system.

Many jurisdictions, she added, don't have the resources to deal with the complexities of drug addiction and mental health issues which often arise in court cases.

McLachlin said legal aid advocates and governments have made strides towards improving access to justice - mostly by simplifying court processes and offering advisory services to self-appointed litigants in certain parts of the country.

"All of this is good, yet much more needs to be done if access to justice is to become a reality for ordinary Canadians," she said.

"There can be no doubt that Canadians today expect a just society. They expect just laws and practices and they expect justice in their courts."