2009 News
MAY Clicklaw Launched Clicklaw was launched during Law Week 2009 and is now live at: www.clicklaw.bc.ca. This portal site, aimed at the public, features legal information and education resources from the 24 organizations in British Columbia that are associated with the Public Legal Education and Information Network (PLEI Network). The site is launching as a beta website, with additional features to come in the fall. The Clicklaw project is funded by the Law Foundation of BC, and is being led by Courthouse Libraries BC. For details, visit the Clicklaw website at: www.clicklaw.bc.ca.
Public Libraries in BC Offer Residents Access to More Legal Information LawMatters at Your Local Public Library, a special project of Courthouse Libraries BC, launched online during Law Week 2009. LawMatters has enabled all public libraries in BC to add more legal resources to their collections. Residents will be able to obtain information on policies and procedure, receive updates in the law, or obtain information on a specific legal problem concerning topics such as divorce, housing and property issues, employment, immigration, or wills and estates. Much of the material is written in plain language and is available in several languages. Training and support is provided by Courthouse Library staff. The LawMatters project is funded by the Law Foundation of British Columbia. For more information on the LawMatters project, visit the website at: www.bclawmatters.ca.
Changes to LawLINE Advice Services LawLINE advice services will continue until at least March 31, 2010. 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. As of mid-April 2009, LawLINE advice services are available for the following areas: debtors’ assistance issues; employment law issues; family law issues; health, estates law and seniors’ issues; housing law related issues; and income security law related issues. For information on LawLINE Advice Services, visit the website at: www.lss.bc.ca/general/LawLINE.asp Family Relations Act Review: Report of Public Consultations Available Online British Columbia's Ministry of Attorney General has released its Family Relations Act Review: Report of Public Consultations. This report summarizes the responses the Ministry received during public consultations on reform of the Family Relations Act held in 2007 and 2008. In 2007, the Ministry conducted public consultations on the Family Relations Act by posting discussion papers that posed questions about possible areas of reform and sought feedback. Responses came from within government, e.g. from Family Justice Counsellors and Victim Services, and from outside government, e.g. from community groups, family advocates and support workers, academics, lawyers, mediators and individuals. As well, forums were hosted by the Social Planning and Research Council of B.C. and the Law Courts Education Society. The report is available online at: www.ag.gov.bc.ca/family-relations-act/index.htm.
Advocacy Access Publications Updates Advocacy Access of the BC Coalition of People With Disabilities has completed their annual Disability Benefits Help Sheets update. This year they have produced a new Help Sheet (#14) entitled Registered Disability Savings Plan and the Disability Tax Credit. Help Sheet 14 outlines the eligibility rules of the new Savings Plan and explains the application process. Advocacy Access has also updated its series of Disability Benefits Application and Appeals Guides for advocates and their clients. This series of 10 Guides includes detailed information on applying for and appealing the denial of provincial disability benefits, Schedule C benefits and the MNS nutritional supplement. The Help Sheets and Disability Benefits Application and Appeal Guides are available through the new Clicklaw website. Visit the Clicklaw website at: www.clicklaw.bc.ca. They can also be accessed directly from the website of the BC Coalition of People with Disabilities at: www.bccpd.bc.ca.
Victoria (City) v. Adams: Advancing the Right to Shelter The Poverty and Human Rights Centre in Vancouver has produced a Law Sheet on homelessness: Victoria (City) v. Adams: Advancing the Right to Shelter. This Law Sheet discusses the role played by Canada’s international human rights obligations in the British Columbia Supreme Court decision in Victoria (City) v. Adams. The Law Sheet notes that in Victoria (City) v. Adams, the Court recognizes that creating shelter to protect oneself from the harshness of the weather and the environment is critical to an individual’s dignity and independence. The Court also recognizes that there are constitutional limits on governments’ powers to stop people from trying to shelter themselves. To view the Law Sheet visit the PovNet website at: www.povnet.org. Community Justice Centres to Open in Quebec Quebec Justice Minister Kathleen Weil has announced that three pilot Community Justice Centres will be created in Quebec City, Sherbrooke and Rimouski this year. Justice Minister Weil said that the intention is to have one “in every community across Quebec.” The Minister said two-thirds of Quebecers consider the justice system a labyrinth and this is creating a “crisis of confidence” in the system. The Community Justice Centres, which will offer “one stop” access to justice, will be open in the evenings as well as during office hours. They will be staffed by volunteer lawyers and notaries. Based on an article by Kevin Dougherty, The Montreal Gazette, Tuesday April 21, 2009. Pro Bono Law Ontario Award Win Will go to New Help Centre The American College of Trial Lawyers has chosen Pro Bono Law Ontario as the recipient of the prestigious Emil Gumpert Award. This is the first time the award has been won by a Canadian organization or individual. The award recognizes programs, public or private, whose principal purpose is to maintain and improve the administration of justice. Pro Bono Law Ontario will use the monetary part of the award – valued at $50,000 USD – to open a new walk-in, legal help centre in Ottawa. The centre will be modelled on the successful “Law Help Ontario” centre operating out of the Superior Court of Justice in Toronto. Law Help Ontario is a project of Pro Bono Law Ontario that provides pro bono legal services to people who cannot afford to hire a lawyer and are unrepresented in a legal matter. For information on the award and Law Help Ontario, see the online article at: www.pblo.org/about/item.1309-Gumpert_Award. Pro Bono Net’s Pro Bono Manager With the support of the Bill & Melinda Gates Foundation, Pro Bono Net in the United States has developed a customized, hosted web application to increase law firms' pro bono program management capacity. Operating as a secure, seamless extension of a law firm's intranet, the platform will integrate content from the public interest legal community regarding training events, volunteer opportunities and news with powerful reporting, knowledge management and lawyer matching tools that draw on data from the law firm's internal personnel, billing, time keeping and docketing systems. For details about Pro Bono Manager, visit the Pro Bono Net website at: www.probono.net/probonomanager. For details on how a large US law firm is using Pro Bono Manager, see the article, Software Helps Manatt, Phelps & Phillips Increase its Pro Bono Impact, at: www.probono.net/library/attachment.146107?print. Promoting Remote Pro Bono In the Australian state of Queensland, the Queensland Public Interest Law Clearing House (QPILCH) is conducting research into the provision of pro bono services in remote parts of the state. The research provides an assessment of that organization’s Rural, Regional and Remote (RRR) pilot program. “The findings of the research indicated that there were a number of barriers that were preventing regional law firms from providing pro bono legal assistance in their communities,” says Aimee McVeigh, coordinator of the RRR project. “We also identified a number of small regionally based firms that were interested in commencing or increasing their pro bono activities but were unable to do so due to capacity issues and lack of expertise. Through the RRR Project, QPILCH will partner small RRR law firms with big city firms for the purpose of increasing the capacity of the small firms to provide pro bono assistance. The partnership might involve the big firm being available to field enquiries or complete a discreet part of a matter.” “One of the outcomes of this program will be the development of precedent documents and protocols that will enable regional firms to access the resources of city firms for the purpose of pro bono activities,” says McVeigh, adding that these resources will still be available as a tool for regional firms to broker partnerships with larger firms, regardless of whether the RRR project continues. As well as assisting regional firms to offer pro bono services, QPILCH hopes to have an increased capacity to refer applications for legal assistance to a solicitor in the client’s local area. For details, see the article, Remote Pro Bono in Queensland, on the National Pro Bono Resource Centre website at: www.nationalprobono.org.au/page.asp?from=4&id=234#5.
APRIL New Features at Access Justice
Client Services Online is a new Access Justice service feature. Clients may register, receive a password, and use the Internet to connect with Access Justice for pro bono assistance. Rural Education and Access to Lawyers (REAL) Initiative Launched
The Canadian Bar Association British Columbia Branch (CBABC) has received three-year funding from the Law Foundation of British Columbia to implement the Rural Education and Access to Lawyers (REAL) initiative. The initiative will encourage law students to gain experience in smaller communities and witness first-hand the opportunities that exist outside the larger urban centres. Recent changes to Employment Insurance
PovNet has posted a summary of recent changes to Employment Insurance on the PovNet website.
Two pilot projects have been extended to include all regions of Canada: Not with a Ten-Foot Pole: Family Law Report Released
The West Coast Legal Education and Action Fund (LEAF) has launched a research report highlighting a worrying trend affecting access to legal representation for women. The report, Not with a ten-foot pole: Law Students Perceptions of Family Law Practice, written by Zara Suleman, summarizes the findings of the Family Law Student Survey. The survey was created to capture a snapshot of what law students perceive to be the main challenges and systemic barriers in pursuing a career in family law practice.
Despite Downturn, Law Firms Should Make the Right Choice for the Future
Law Firm Attorneys Displaced by the Economic Downturn: Best Practices and Guidance for Effective Pro Bono Engagement is an article by Esther Lardent, Executive Director of the Pro Bono Institute, based in Washington DC. MARCH Call for Nominations: Harry Rankin QC Pro Bono Award
In recognition of the immense contribution of Harry Rankin, QC in supporting access to justice for the poor, the CBABC established an annual reward to recognize outstanding contributions by a member of CBABC in the area of pro bono work.
The CBA Pro Bono Committee Needs Your Help
The Canadian Bar Association's Pro Bono Mentorship Program was successfully launched at the 2008 CLC last August. The Program received an encouraging amount of applications required to launch the program. The Program is continuing to accept applications to be a Mentor and is now also accepting applications to be a Mentee. Law Week 2009
Law Week 2009 takes place from April 16-26 this year, with events planned across the province. The theme of Law Week 2009 is Access to Justice: Public Confidence in the Justice System.
Dial-a-Lawyer
On Saturday, April 25, 2009, the Canadian Bar Association, BC Branch will hold its province-wide "Dial-A-Lawyer" program between 10:00 am and 2:00 pm. During that time, members of the public are invited to call and speak with a lawyer for up to 15 minutes. This event is part of Law Week activities. VictimsInfo.ca: An Online Resource for Victims & Witnesses of Crime in BC This new website includes information on reporting a crime, police investigation, preparing for trial and what happens after sentencing. Visit the website at: www.victimsinfo.ca. Justice in Our Times As part of its 20th anniversary celebration, the Law Courts Education Society is hosting Justice in Our Times - a lecture series focused on highlighting important, current justice issues. The opening event was Aboriginal Justice in Our Times on March 3, 2009. For details and to view the monthly newsletter, go to: www.justiceinourtimes.ca. Access to Justice Online Blog
The Access to Justice website (separate from Access Justice) is an online blog devoted to the campaign to halt cuts to legal aid services that were announced in January 2009. The site contains media coverage, a petition, and other developments. Law Foundation creates Legal Research Fund
The Law Foundation of British Columbia has established a fund of $100,000 per year to support legal research in British Columbia. The purpose of the initiative is to support legal research projects that "advance the knowledge of law, social policy, and the administration of justice."
Law Foundation's Civil Legal Needs Research Report Now Online The Civil Legal Needs Research Report, written for the Law Foundation of B.C. by Carol McEown, and released December 1, 2008, is now available for download. To view the report, go to: www.lawfoundationbc.org. Creative Support for National Pro Bono Day in Australia
Friday May 15, 2009 is National Pro Bono Day in Australia. Activities include Pro Bono Uncut, a competition with a $4000 prize for original short films that highlight pro bono legal work. The competition is sponsored by the National Pro Bono Resource Centre of Australia.
2009 Equal Justice Conference
The 2009 Equal Justice Conference will be held May 14 - 16, 2009 in Orlando, Florida. The Equal Justice Conference brings together all components of the legal community to discuss equal justice issues as they relate to the delivery of legal services to the poor and low-income individuals in need of legal assistance.
FEBRUARY Clearing the Path to Justice More than 250 people came to the Law Society's latest public forum to hear top opinion leaders, including the Chief Justice of Canada and the Attorney General of BC, speak about barriers to accessing the justice system and creative solutions to break down those obstacles. AdminLawBC.ca
The new AdminLawBC.ca website is a guide to administrative law in BC, with information on how to navigate the administrative law system in BC. It provides multimedia presentations on topics including: what administrative law is; what types of tribunals exist and what they do; and how educators and community groups can obtain more information or contact a speaker. New BC Superior Courts Website The new website of the BC Superior Courts provides:
Current BC legislation Available Online for Free
Starting January 1, 2009, current provincial legislation and regulations are available to everyone on a new website, BC Laws. The website is managed by the Queen's Printer and is located at: www.bclaws.ca. Cutbacks at the Legal Services Society
A news release about service and staff changes at the Legal Services Society (LSS) was posted on the LSS website on January 13, 2009. Most of the changes take effect April 2009. The news release says, in part, that the Legal Services Society's board of directors instructed the society to prepare a budget that brings service costs more in line with government funding for criminal and family services. Canadian Bar Association BC Branch Calls for Urgent Review of Legal Aid Funding
The CBABC, responding to the recent announcement by the Legal Services Society of emergency cuts being made to their staffing levels and programs, has called upon the provincial government to review legal aid funding and ensure access to justice for all British Columbians. Connecting across Language and Distance
The Law Foundation of Ontario has released its report, Connecting Across Language and Distance: Linguistic and Rural Access to Legal Information. The report describes significant barriers to access to legal information and services for people who do not speak English or French and for people who live in rural and remote areas of Ontario. It reviews efforts in many jurisdictions to overcome these barriers and suggests possible ways forward in Ontario. Ontario to Conduct Civil Legal Needs Study
The Honourable R. Roy McMurtry, former Chief Justice of Ontario, is leading a new access to justice project that will look to the public for help in identifying viable solutions to overcome barriers to justice. Alberta's Volunteer Lawyers Service Encourages Not-For-Profit Groups to Enrol in Free Legal Services Program
Alberta's Volunteer Lawyers Service (VLS) program is actively seeking not-for-profit organizations to match with Alberta lawyers for free legal services and advice. JANUARY 80 percent of Low-Income British Columbians Encounter Legal Problems More than 80 per cent of low-income British Columbians experienced a legal problem in the past three years that was serious and difficult to resolve, says a poll commissioned by the Legal Services Society, released December 15, 2008. Consumer, money, and housing issues topped the list of legal problems with employment and family relations following close behind. "The high incidence of legal problems is troubling," said Mark Benton, QC, Executive Director of the Legal Services Society, the organization that provides legal aid in BC. "This survey, along with other research in Canada and abroad, shows that legal problems have a serious impact on a person's physical and emotional health which, in turn, has a significant impact on health care and social service programs." Benton added that the incidence of legal problems among low-income people is not likely to decrease given the recent economic downturn. "In times of economic hardship, it is particularly important that people have access to reliable information and advice so they can address their legal problems quickly and effectively," Benton explained. "Otherwise, their problems will quickly cascade into more serious issues that require other resources such as health care and social assistance." Benton said the Legal Services Society commissioned the poll to "get a better understanding of the current legal needs of low-income people and to learn more about how best to meet those needs." The Ipsos-Reid poll involved 1,189 online surveys of British Columbians 18 or older with a household income of less than $50,000 a year. The results are considered accurate to within 2.8 per cent, 19 times out of 20. Survey results are posted on the Legal Services Society's website at: www.lss.bc.ca.
It’s No Joke: Lawyers Have Hearts Ian Mulgrew’s Vancouver Sun article reports that the BC pro bono programs are responding to ever-increasing need, now exacerbated by the economic downturn. Read the article at: www.accessjustice.ca/downloads/nojoke_lawyers_have_hearts_nov26'08.pdf. Access Justice: Resources for Clients Access Justice has updated its resources for clients. The resources can be accessed by category as well as alphabetically at: www.accessjustice.ca/clients/resources.asp. A Client’s Guide to Litigation A new publication by David Roberts, QC offers an invaluable, easy-to-read resource for clients. Access the Guide at: www.cba.org/bc/CBA_Publications/Main/client_guide.aspx. Criminal Justice Reform Secretariat Launches New Website The Criminal Justice Reform Secretariat has launched a new website to highlight their activities, including community crime prevention pilot projects and Vancouver’s Downtown Community Court. Visit the site at: www.criminaljusticereform.gov.bc.ca/en/index.html. Youth Crime Prevention Project Launched In December 2008, the Ministry of Children and Family Development launched the first of six community-based crime prevention pilot projects. The Inter-Regional At-Risk Youth Link (I-RAYL) brings together Pacific Community Resources Society and TransLink in the first program of its kind in Canada. I-RAYL targets homeless and at-risk youth aged 10 to 15 who gather at SkyTrain (rapid transit) stations in the Lower Mainland. Although these youth can intimidate transit riders and demand police resources, they are also at high risk of victimization and exploitation by drug dealers or gang members. Read more about the Project at: www2.news.gov.bc.ca/news_releases_2005-2009/2008CFD0057-001847.htm Protecting RRSPs from Seizure On November 27, 2008, the BC Legislative Assembly passed the Economic Incentive and Stabilization Statutes Amendment Act, 2008 (Bill 45), which included protection for retirement savings as recommended by Canadian Bar Association BC Branch (CBABC) in this Vancouver Sun article by CBABC President Miriam Maisonville: www.cba.org/bc/home/2008/president_11_25_08.aspx. Parts of E-Health Act in Force Parts of the E-Health (Personal Health Information Access and Protection of Privacy) Act (Bill 24), which regulates electronic personal health information, came into force November 7, 2008 pursuant to B.C. Reg. 314/2008. Additional parts are scheduled to come into force in June 30, 2009. For details, go to the website of Continuing Legal Education BC (CLEBC) at: www.cle.bc.ca/News/November/08-ehealth.html. The statute gives authorized health-care professionals secure access to patients’ information, but also allows individuals to block access to their own information from all health professionals unless they give their consent or are incapacitated in an emergency. New Publications and Resources from the People’s Law School New and revised publications from the People’s Law School include the following: Learning About the Law 10th Edition; Abuse of People with Disabilities 2nd Edition; Abuse of People with Disabilities for Service Providers 2nd Edition; and Animal Protection Law in BC in English, Chinese, Punjabi and Spanish. To access the above publications, visit: www.publiclegaled.bc.ca. Pro Bono Institute’s Second Acts: Innovative Pilot Projects In 2005, the Pro Bono Institute in Washington, D.C. developed Second Acts, an innovative initiative to support transitioning and retired lawyers who are interested in a second, volunteer career in public interest law. Despite the ongoing social justice gap for low-income and underserved populations, this seasoned and knowledgeable talent pool has been largely overlooked. The Pro Bono Institute is working with core constituencies – major law firms, corporate legal departments, and public interest organizations – to develop a bold new model of legal retirement and transition. In August 2008 the Pro Bono Institute selected five public interest organizations to pilot four innovative demonstration projects. Legal Aid Society, New York: The Second Acts pilot project at the Legal Aid Society will develop ways to enlarge the pro bono opportunities for transitioning and retired attorneys—as counsel, mentors and consultants in individual representation, law reform, transactional and legislative policy work. Volunteer Lawyers Project, Boston Bar Association: The Second Acts pilot project at Volunteer Lawyers Project will collaborate with Boston’s largest law firms to provide their transitioning and retired attorneys with opportunities to engage in public interest practice and to institutionalize firm support for pro bono work as part of retirement planning. Transitioning attorneys will be encouraged to try new areas of law through an array of opportunities, from individual representation in cases to signature projects that address far-reaching systemic issues. The Bar Association of San Francisco’s Volunteer Legal Services Program (VLSP) and Bay Area Legal Aid (BayLegal): The Second Acts pilot project at VLSP and BayLegal will engage transitioning and retired attorneys in opportunities that include the creation of an expert litigation panel to expand much needed representation and provide mentorship to less experienced volunteer attorneys. The project also plans to engage experienced attorneys in policy dialogue regarding redevelopment efforts in San Francisco’s Bayview-Hunter’s Point community, and with City officials, the District Attorney, and the Police Department concerning the prosecution of homeless people for the “status crime” of being homeless. Kids Matter, Inc. Milwaukee County, Wisconsin: Kids Matter Inc is a small grassroots organization that puts volunteer energy into improving the lives of the many Milwaukee County children involved in the child welfare system. As part of the Pro Bono Institute's Second Acts pilot project at Kids Matter, transitioning and retired attorneys from law firms and corporations will have opportunities to advocate for special needs foster or kinship children in guardianship cases and complex special education matters, and will remove barriers to independence for foster children who will age out of care by, for example, creating a limited liability checking account system with local banks. The project also seeks to engage transitioning and retired attorneys on significant law reform and policy issues over the three-year project period. For more information about Second Acts, see the Pro Bono Institute website at: www.probonoinst.org/secondacts.php.
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