More about changes to legal aid
The last issue of ELAN contained information about upcoming changes to legal aid staff and services. Since then, we’ve posted a backgrounder providing more details about the changes under News releases on the LSS website. Here’s a summary:
Family and CFCSA representation services continue unchanged for financially eligible clients who are facing serious family situations: for example, if their safety or the safety of their children is at risk; they have been denied access on an ongoing basis; there is a risk that a child will be permanently removed from the province; or their children are or may be removed by the Ministry of Children and Family Development.
Dispute resolution services, introduced in 2006 for financially eligible clients with significant family law problems who do not qualify for legal aid representation, will be discontinued after March 31, 2009. These services were added for cases that do not raise safety concerns or qualify under any of the emergency services criteria (for example, if clients need help with property division).
Extended family services, introduced in 2005 to give lawyers extra time to complete cases, have been reduced, but are still available.
Some criminal offences (Category 1 offences), including breach of probation, failure to appear, and breach of bail, will no longer be covered by legal aid representation after April 2009, even if the client is facing other outstanding charges or there is a risk of jail. Clients affected by this may be able to apply to the court for court-appointed counsel.
Youths facing Category 1 charges are not affected by this change, and continue to receive legal aid representation.
Immigration and refugee law representation services will continue to be provided to financially eligible clients with cases that have a reasonable chance of success involving refugee claims, immigration problems that could lead to the client’s removal from Canada to a country where he or she would be at risk, and appeals of immigration decisions.
LSS is introducing stricter merit screening of immigration legal aid applications to ensure that spending remains within the available budget, so some cases that would have been covered in the past will not be covered after April 1, 2009. People with immigration law problems are encouraged to still apply for legal aid so that their cases can be assessed for legal merit.
LawLINE will continue for another year, but will be reduced to two lawyers and six paralegals. LSS is redefining the scope of LawLINE services, and we will provide further details when they are available. The Community Advocate Support Line is not affected by these changes.
LSS will give priority to maintaining duty counsel services as long as resources permit.
Outreach services are provided by legal information outreach workers (LIOWs) and fieldworkers. LIOW services will continue unchanged. Fieldwork will continue at a reduced level after April 2009.
Publications, websites, and multimedia continue with reduced staffing after April 2009.
LSS welcomes your feedback. Please send any questions, comments, or suggestions to LSS-Services@lss.bc.ca.
LawLINE update
LawLINE services have been funded for another year and will continue until at least March 31, 2010.
Back in November, and before that in July, ELAN reported on enhancements to LSS phone services. These enhancements continue to yield positive results in terms of improvements in wait times and fewer abandoned calls (average wait times are now under 20 minutes).
However, as a result of reductions to LawLINE staff, the scope of coverage for LawLINE has been redefined to tailor the service primarily to issues arising from the current economy. LawLINE advice services will now be available only for six main areas: housing, debtor assistance, family law, health/estates/seniors issues, employment, and income security (welfare and other benefits). Examples of each category of service will soon be listed on the LawLINE page of the LSS website.
All callers to LSS telephone services have an initial interview in which our staff ask questions to determine what kind of service would best meet their needs. The service they get might be legal representation, legal advice, or legal information. Callers who are eligible for legal representation can complete a legal aid application over the phone; callers eligible for legal advice are transferred to the LawLINE or referred to in-person services; and other callers are redirected to a legal information outreach worker who provides legal information and/or referrals to other resources.
For more information about the changes to LawLINE and other legal aid services, see More on changes to legal aid.
Hot off the press from LSS
Aboriginal child protection wallet cards: We've produced a new wallet card describing what Aboriginal parents and their communities can do in Aboriginal child protection matters, and emphasizing parents’ rights to get a lawyer as soon as they are informed that they are under investigation for a child protection matter. The wallet card also provides space for writing down important details, such as court dates and the ministry social worker’s name, to give parents quick access to the information they need, including how to contact legal aid to find out if they qualify for a free lawyer. The cards are available for download from the LSS website.
Living Together or Living Apart: This updated second edition (formerly called Living Together, Living Apart), for people in same-sex or opposite-sex relationships who are thinking about separating or are already separated, explains legal rights when separating, including what happens to the children, how to settle money/property or other financial/legal issues, and where to get legal help and information. Living Together or Living Apart also includes information on pre-nuptial, cohabitation, and marriage agreements in case a relationship breaks up. This edition replaces the first edition, which is now out of date.
If Your Child Is Taken by the Ministry of Children and Family Development: Your Rights as a Parent: This brochure (also for guardians, family members, and advocates) was updated in February 2009 with current contact numbers for legal aid offices in BC and information on mediation and shared decision-making options.
Your Guide to the Refugee Claim Process combines and replaces the Refugee Fact Sheet Series and explains the process of seeking refugee protection in Canada. The guide contains straightforward information about how to start a claim in BC, the overall process (including a new flowchart), how to fill out the forms for each stage, and where to get legal and other help. As well, an additional translation of the Immigration and Refugee Board’s Personal Information Form (PIF) is now available in simplified Chinese (Spanish and traditional Chinese versions are still available as well). These translated forms are designed to help refugee claimants fill out their official PIF document.
Benefits and Services for Seniors: This booklet is now available in Farsi, and there's a new edition in traditional Chinese. Benefits and Services for Seniors gives immigrant seniors the information they need to access benefits and services in the areas of health care, housing, income security, wills and agreements, protection from abuse, transportation, and interpretation and community services.
Update insert for Your Welfare Rights: A Guide to BC Employment and Assistance: There have been some important changes to welfare law and policy since Your Welfare Rights was last printed in January 2008. We have created an insert — to be used with the existing booklet — that details the effects those changes have had on citizenship requirements, disability trusts, medical benefits, security deposit supplements, reconsideration deadlines, and other areas of welfare rights.
How to Appeal Your Conviction and How to Appeal Your Sentence: New editions of these two criminal law booklets with only minor changes were printed in January 2009, so your existing copies are still usable. Intended for people who may or may not be in custody, but have to conduct a conviction or sentence appeal without the help of a lawyer, the booklets explain how to prepare for the appeal, and contain a sample affidavit and removable blank forms the applicant can use.
All of the above are available on the LSS website. To order copies, e-mail Distribution.
LawMatters public library project: A new legal information resource in BC
LawMatters, a Courthouse Libraries BC project funded by the Law Foundation of BC, will provide a list of recommended titles; give public libraries financial assistance to buy plain language legal resources, as well as other legal resources on this list; and train public library staff on legal information. LawMatters will ensure that current legal information sources are available to local community groups (and the people they work with) at one of the 240 public library outlets in the province. Groups can also get help from Courthouse Library Reference Services staff who provide additional information and reference support to local libraries. Even after project funding ends in 2011, Courthouse Libraries BC will continue to maintain this research, training, and collection development support to public libraries.
The official launch of LawMatters takes place during Law Week, April 16 – 25, 2009. Watch out for media publicity, including a virtual online launch event scheduled for April 22. See the LawMatters blog for details, and to read about new legal education publications, events, and resources. For more information, including a downloadable poster and a reading list of legal titles, see the LawMatters Web page.
Law Week 2009 events
Law Day, held every April, is a national event created by the Canadian Bar Association to celebrate the signing of the Canadian Charter of Rights and Freedoms, and provides an opportunity for Canadians to learn about their justice system and see a positive image of the legal profession.
Law Day is held in communities throughout BC and in some places, it’s expanded into Law Week (April 16 – 25, 2009). This year’s theme is Access to Justice: Public Confidence in the Justice System, and events will be held in the Cowichan Valley, Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Terrace, Tri-Cities, Vancouver, Victoria, and possibly Maple Ridge and Prince George.
Made possible by the volunteer efforts of hundreds of lawyers and other partners in the justice system, Law Week will include the following events across the province.
Cowichan Valley
April 23, 4 – 6 p.m., at the Duncan Law Courts, visitors can watch a fairy tale trial, view various community displays, question a lawyer, tour with the sheriffs, and go on a treasure hunt (well, the kids, at least).
Fort St. John
April 8: RCMP presentation on “Responding to Drug Houses”
April 16: Goldilocks will stand trial at the Fort St. John Courthouse, charged with theft of porridge and mischief, ably prosecuted and defended by the Ambrose Elementary Grade 5/6 class.
April 25: Open house at the RCMP detachment from 1 – 4 p.m., including a canine unit demonstration at 3 p.m.
April 30: Family Law Clinic at Northern Lights College
Kamloops
April 16, Luke Skywalker will stand trial during the open house at the Kamloops Law Courts. Visitors can meet a judge, ask a lawyer questions, visit displays put on by more than 40 community groups, judge an elementary school poster contest, go on a scavenger hunt, learn more about the RCMP, and tour the courthouse with a sheriff.
Kelowna
April 18, 10 a.m. – 2 p.m., at the Kelowna Law Courts, a Girl Guide will be arrested and tried. The public can ask lawyers and/or a Supreme Court judge questions, visit community group information booths and RCMP demonstrations, see a mock trial put on by Law 12 students, meet a sheriff, and tour the courthouse.
Nanaimo
April 25, 10 a.m. – 2:30 p.m., at the Nanaimo Courthouse, events include seminars on wills and estates and family law, question and answer periods with a Supreme Court judge, tours of the courthouse with a sheriff, RCMP and other information booths, presentations by the court registry on e-filing of civil and small claims matters, and R. v. The Big Bad Wolf, with a Provincial Court judge holding the wolf to account for all the huffing and puffing.
Terrace
April 16, featuring an open house at the Terrace Regional Centre (legal aid office) from 12 – 1 p.m. with lunch provided, then a courthouse tour at 1:30 p.m., followed by justice workers/professionals speaking in a courtroom from 2 – 4 p.m.
Vancouver
April 25, 2009, 10 a.m. – 2:30 p.m., at the Vancouver Public Library, events include free law classes, displays by a number of key organizations in BC’s legal community, Dial-A-Lawyer, mock trials, a public speaking contest for students, a student outreach program, citizenship ceremonies, and a free public forum featuring senior representatives of BC’s justice system.
Victoria
April 18, 10 a.m. – 3 p.m., at the Victoria Courthouse, events include a fairy tale trial, the K-9 dog demonstration and other police presentations, talks with judges, a skit introducing family law and dispute resolution, resource rooms, a high school moot trial competition, and a scavenger hunt for the kids.
For more information about Law Week 2009 events, see the BC Law Week website.
Reinventing pro bono (free) legal services
In recent years, the number of pro bono (free) legal services available in BC has exploded. Today, the Salvation Army offers 22 clinics in communities around the province, with plans to open more, including a northern expansion program to cover Prince George, Dawson Creek, Fort St. John, Prince Rupert and Williams Lake.
Access Justice has over 400 volunteer lawyers working at 61 clinics from Campbell River to Winnipeg. The UBC Law Students’ Legal Advice Program and the University of Victoria Law Centre run busy pro bono services with the help of dedicated students. And Pro Bono Law of BC has developed new and original ways of providing free representation and assistance to people and non-profit organizations of limited means through its roster programs.
The demand for legal advice and representation continues to grow. This spring, the three leaders in BC’s pro bono world, John Pavey, manager of pro bono and justice services for the Salvation Army, Allan Parker, the new executive director of Access Justice, and Jamie Maclaren, executive director of Pro Bono Law of BC, began to reinvent how they will deliver pro bono in the future.
With a $75,000 grant provided by the Law Foundation of BC, the three organizations have begun to map out a system to identify available services and, where gaps and duplicate services exist, allow the organizations to direct clients to the services most appropriate to their needs. By working together to coordinate pro bono service delivery, Pavey, Parker, and Maclaren hope to serve their clients more efficiently and effectively. Pro Bono Law of BC and Access Justice are likely to merge into one organization in 2010.
Pro Bono Law of BC already offers a searchable map outlining all pro bono legal services in BC (probonomap.bc.ca), and Access Justice provides a list of alternative resources for clients on its website (accessjustice.ca). The Salvation Army is also very familiar with coordinated service delivery (see probono.ca).
While a recent survey conducted by Pro Bono Law of BC shows that most pro bono clients come to lawyers via referrals from family, friends, or colleagues, Maclaren, Pavey, and Parker point to the benefits of working with their organizations. Maclaren notes that many lawyers don’t know that Pro Bono Law of BC provides disbursement coverage for poverty law cases. The Law Society also extends insurance coverage to lawyers who are not otherwise insured for certain pro bono legal services provided through approved programs. In addition, the Lawyers Insurance Fund waives the financial consequences of paid claims for lawyers providing pro bono services in these circumstances.
Pro bono work helps both lawyers and clients because it provides legal help to clients and allows young lawyers to gain experience, get into the courtroom, and conduct their own files. If the last 10 years are any indication, the pro bono world is bound for positive change.
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