Electronic Legal Aid Newsletter
March 26, 2010

LSS services update: Current family law representation guidelines

LSS guidelines for family law representation (getting a lawyer) have undergone several changes over the past year. To help bring you up to date, here is a brief description of current family law coverage guidelines for extended services (as of March 26, 2010).

Your clients can get legal aid lawyers to represent them in family law cases in emergency situations: for example, if they need an immediate court order to ensure their own or their children's safety and security, or are seriously being denied access to their children.

Although LSS expects clients and lawyers to advance each case as much as possible under the initial family law referral, there are circumstances that allow for the lawyer to spend additional time on a particular case (including going to court). LSS may consider "extended services" justified if the case is high conflict and involves serious legal issues, or because resolving the case would make a significant difference to the client or his/her children (and all other reasonable efforts to resolve the case have been made). LSS also considers whether or not the case is likely to succeed. The lawyer must apply to LSS for the extended services.

To be eligible for extended services, your client must have a current legal aid referral and continue to qualify for legal aid but require assistance beyond the standard referral.

Specifically, LSS considers the following criteria:

  • The case involves significant contested issues involving sexual, mental, or physical abuse of the client or his/her children.
  • The other party is using the justice system to continue a pattern of abuse.
  • There is a significant risk that the client will be alienated from his/her children.
  • The client or his/her children may be at physical or psychological risk if the lawyer cannot continue to provide representation.
  • Resolving custody/access issues will have a significant positive impact on the relationship between the client and his/her child or the environment in which the child is raised.

LSS services update: New local agents in seven communities

Families in crisis, refugees, and people facing criminal charges will have more ways to get the legal help they need at new legal aid locations throughout BC opening on March 29, 2010. The seven communities with new local agents are Kamloops, Kelowna, Prince George, Surrey, and Victoria, where local agents replace Legal Services Society (LSS) offices, and New Westminster and Langley. Local agents are private lawyers who contract with LSS to administer legal aid and provide community legal outreach in the area. Here are some details about the new local agents. Watch future issues of ELAN for more in-depth profiles of these and other local agents starting in May.

Kamloops

Called to the bar in 1985, Louise Richards, a former LSS staff and managing lawyer, is currently the executive director of the Kamloops and District Elizabeth Fry Society, a non-profit agency that offers programs and services involving housing and community justice to people in the Kamloops area, with a focus on women and youth. She is chair of the Kamloops Women's Resource Group Society and a regional advocate for the Pacific region Elizabeth Fry Societies. Ms. Richards will be providing services at the Kamloops courthouse and at a location to be determined.

Kelowna

A lawyer since 1999, Andrew Vandersluys is currently the managing lawyer of the LSS Kelowna Regional Centre and is a member of the Kelowna Community Court Committee. He will be providing services at the Kelowna courthouse and from 210 – 347 Leon Avenue, Kelowna.

Prince George

Beatrix Josephy has been practising law in Prince George for more than 15 years. Before going to law school, she spent four years as a legal information counsellor at the LSS Quesnel Community Law Centre. She will be providing services at the Prince George courthouse and at 1057 Third Ave, Prince George.

Surrey, New Westminster, Langley

Craig Sicotte was called to the bar in 1990, and is a criminal lawyer in Surrey and a founding director of the Surrey Bar Association. While in law school at the University of Victoria, Mr. Sicotte participated in the Law Centre Program. He will be providing services at 102 – 10706 King George Highway in Surrey, 206 – 20641 Logan Avenue in Langley, and at the New Westminster Law Courts.

Victoria

Called to the bar in 1979, Roland Kuczma was an LSS staff lawyer and then director of the Victoria Law Centre. He has run legal clinics on the Tseycum reserve and was a member of the steering committee for the Native Women’s Association. He currently supervises advocates at Together Against Poverty Society in Victoria. He will be providing services at the Victoria Law Courts, the Western Communities courthouse, and at 218 – 852 Fort Street, Victoria.

LSS services update: Financial eligibility guidelines changing April 1, 2010

Financial eligibility guidelines for legal advice and representation are going up effective April 1, 2010. Check "Do I qualify for legal representation?" and "Do I qualify for legal advice?" on the LSS website on or after April 1 to find out the new household income guidelines.

Please update your websites

Due to this and other service changes taking effect at the end of March, several pages on the LSS websites will change. These pages contain information that some community groups have posted on their websites as well (e.g., current legal aid coverage and financial eligibility, and details of LawLINE and LIOW services).

Please remember to update your websites so that your clients are not trying to find services that have been changed or discontinued. Because our information changes from time to time, we suggest that you consider linking to the information on our site instead of providing details on your site.

Aboriginal Legal Services: Do you know about First Nations Court?

Defendants who self-identify as Aboriginal may be able to have their sentencing hearings at the First Nations Court in New Westminster. First Nations Court takes a holistic, restorative, and healing approach to sentencing, with a focus on rehabilitation whenever possible. The First Nations Court opened in 2006 and operates out of the New Westminster Provincial Court, with Judge Marion Buller-Bennett as the presiding judge. It sits once a month and hears criminal and related child protection matters.

First Nations Court provides an alternative to the conventional court structure, focusing instead on community and ensuring everyone involved in the case has a chance to be heard. During sentencing, the judge, Crown counsel, Aboriginal community members, the victim and the victim’s family, the defendant and his or her family, as well as probation officers, social workers, and drug and alcohol counsellors are invited to sit around a table where everyone is given the opportunity to speak. After each person has spoken, the judge will work with everyone at the table to come up with a healing plan. The healing plan can involve referrals to counsellors; culturally appropriate programs, employment training, and education; and programs offered by Health Canada. Defendants are expected to adhere to their healing plans and must appear at future dates to report on their progress.

Rob Frederickson is the expanded duty counsel for First Nations Court. The expanded duty counsel can give legal advice on or before the day of court. If you have a client who is interested in applying to have his/her sentencing hearing in the First Nations Court, you or your client can contact Rob Frederickson at 604-825-1861 for more information.

Lifetime of social justice nets Allan Parker a QC

Access Justice Executive Director Allan Parker identifies himself as many things, from a lifelong learner to a Legal Services Society (LSS) "lifer." Now he's got one more thing to add to his collection — a Queen's Counsel.

"For me this has been quite humbling because it means recognition from my peers," he explains.

"Everyone aspires to be recognized in some way, whether it's your spouse saying you've cooked a delicious meal or your colleagues saying you've done commendable work for your profession.

"It encourages you. Both Chris (Maddock — Abbotsford local agent and QC appointee) and I feel as though it's a source of recognition of the work we've both been doing for the past 30 years, and the importance of that work, and our commitment to that work."

Ever since Allan started practising law in the late 1970s, furthering people's access to justice has been one of his passions. He has since worked as a consultant to the Legal Advocate Training Course for the Law Foundation, published countless legal materials, and was awarded an "Honorary Lecturer" designation from Cardiff Law School (University of Wales) as a result of six months' consultation work with the school's legal practice course in 1993.

So what inspires Allan to continually take on more projects?

"I teasingly call myself a child of the '60s. That was when I went to high school and the first part of my post-secondary education, and I got caught up in various social action issues," he explains.

"I also have personal beliefs about social justice and had always wanted to do social justice law, so when I landed at the Legal Services Society (as a staff lawyer in Nanaimo), it meant I landed happily, exactly where I wanted to land, with my first position — and I loved it."

In particular, the idea of developing more pro bono law programs is something Allan holds close to his heart.

"Pro bono services will never be a substitute for properly funded legal aid, but I think there is now a more organized approach to saying there is a pro bono responsibility in the legal profession," he says.

"Realistically there's never going to be enough legal aid, so it's important to get the profession looking at pro bono and taking a bigger part in it."

Allan left LSS in May 2007 to become executive director at Western Canada Society to Access Justice (which will merge with Pro Bono Law of BC on April 1 this year) after the tragic death of well-known pro bono advocate, and Access Justice founder, Dugald Christie.

It was a challenging time — not least because of the legacy left by Dugald Christie — but Allan learned how to "make things work" his own way. And he has continued to learn, finding more ways, such as mediation, that help people with low incomes find resolutions to their legal issues.

"I'm a lifetime learner in the law field and I'm a firm believer in finding alternate ways to solve disputes … which is why I felt it was important to broaden my skill set and develop more mediation skills," he says.

"I really enjoy it because it's very hands-on and it's a very different mind-set you're in when you're trying to come to a solution for both parties, rather than just working on behalf of one. It's another solution for people, which is the most important thing."

Community Advocate Support Line update

As we announced in the last issue of ELAN, the Community Advocate Support Line (CASL) is moving to the Community Legal Assistance Society (CLAS). This important legal advice service for advocates who assist disadvantaged people throughout BC will continue until at least March 31, 2011, thanks to continued support from the Law Foundation.

Alison Ward, the CASL lawyer since the project began in March 2006, will continue to work on CASL at the new location. The new CASL contact phone numbers will be posted on PovNet listservs and e-mailed to community groups on the ELAN distribution list. The CASL line will reopen at CLAS on April 6, 2010.

LawLINE ends, but other services continue

As we announced in the November 2009 edition of ELAN, the LawLINE telephone advice service will close at the end of March 2010. This legal advice service was highly valued by both LSS and the public and it will be missed. Although no real replacement exists for these lost advice services, links to information about the law and legal services in British Columbia are available from the Links page of the LSS website.

Legal advice and representation services will continue to be available through family, criminal, and immigration referrals to the private bar. Free legal advice services continue at courthouse locations throughout the province through family and criminal duty counsel services.

Currently LSS is developing new services to deliver legal advice through innovative methods. LSS is planning alternative services and looking for ways to enhance community outreach in the coming months.


Hot off the press from LSS

We've been busy since January preparing lots of revised and a few new publications. Here are the latest:

Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce
This revised booklet is now available in English in print and online. Now in its third edition, this popular publication explains the basics of family law in BC, and includes information about living common-law or being married, the process for separation and divorce, how to work out custody, support, and access issues if there are children involved, and how to sort out money matters. It also describes legal options and where to get help. We've tweaked the content (minor clarifications) here and there, updated the LSS information, and added new resources.

Understanding Aboriginal Delegated Agencies: Information for Aboriginal Families
This new fact sheet is now available in English in print and online. It provides an overview of Aboriginal delegated agencies and their potential role in Aboriginal child protection matters. Aboriginal delegated agencies are part of the Ministry of Children and Family Development and provide child welfare services. Aboriginal delegated agencies are part of an effort to restore the responsibilities of child protection and family support to Aboriginal communities. Written in plain language, the fact sheet also contains an area for writing the details of your case.

Sponsorship Breakdown
We've revised and reprinted the English version of Sponsorship Breakdown. This popular publication, available in print and online, is for permanent residents when the person sponsoring them in Canada is no longer supporting them, and they are unable to support themselves. It explains what happens when a sponsorship breaks down and how to apply for welfare. There is also a resource section listing community groups and other help.

The previous edition, in Chinese (traditional), Korean, Punjabi, Spanish, and Vietnamese, remains useful and accurate, and is still available in print and online.

Your Guide to the Refugee Claim Process
The English version of Your Guide to the Refugee Claim Process (which replaced the Refugee Fact Sheet Series last year) is already in its second printing. Your Guide to the Refugee Claim Process explains the process of seeking refugee protection in Canada. This reprint, dated December 2009, includes some minor revisions such as updated website links and contact information for community organizations, and is also available online.

Your Welfare Rights: A Guide to BC Employment and Assistance
This popular guide to welfare law and policy has been revised and updated. The 21st edition is even easier to read and has an expanded resource section. It also has more information on reconsideration deadline extensions and the new process for phone applications. However, the ministry announced big changes just as the booklet went to press, so be sure to check the LSS website in a month or two for an update with more information on orientation requirements, the phasing out of the Child in the Home of a Relative program, and changes to medical and dental benefits.

Coming soon

The following publications are in progress and will be available in early April. All except Benefits and Services for Seniors will be available in print and online.

Are You Aboriginal? Do You Have a Bail Hearing? Are You Being Sentenced for a Crime? Do You Know About First Nations Court?
This new fact sheet is coming soon in English. It provides an overview of Gladue rights, which are rights under the Criminal Code that apply to anyone who self-identifies as Aboriginal, and what these rights mean for Aboriginal people who have a bail hearing or are being sentenced for a crime. The fact sheet also explains what a Gladue report is and provides some basic questions that can help Aboriginal defendants and their lawyers get started on preparing a Gladue report. The fact sheet also provides information on the First Nations Court in New Westminster, including contact information for the expanded duty counsel for First Nations Court.

Benefits and Services for Seniors
We've revised this popular booklet in English to include new programs that are available, and up-to-date information about existing programs and resources. Use this booklet to find out about the benefits you may be entitled to receive when you retire or if you get sick, how your rights to safety are protected, and how you can appeal an unfavourable decision. Available in English online only.

Consumer Law and Credit/Debt Law
We've reviewed and updated this problem-solving manual for paralegals, legal information advocates, and lawyers whose clients face problems with consumer goods and services contracts or consumer credit contracts. The format for each topic remains the same as in the first two editions: a list of common questions, an outline of the relevant law, suggestions for specific information gathering, and suggestions for solving the problem.

Surviving Relationship Violence and Abuse
Surviving Relationship Violence and Abuse is a new LSS publication available in English, and which replaces the booklet Speaking of Abuse: Violence Against Women in Relationships.

Surviving Relationship Violence and Abuse outlines what abuse is from a legal perspective and what a woman's legal rights are if she is in an abusive relationship. It explains what women can do to protect themselves and their children, and the kind of help they can get. It includes how to make a safety plan, what the police can do, how the court process works, and how to leave an abusive relationship. The booklet includes a chapter about violence against Aboriginal women in relationships and lists the resources available to them.

The booklet was written for advocates and community workers who support women who are being abused, assaulted, or harassed by their husbands, boyfriends, or ex-partners. The information provided applies to women who choose to stay in their abusive relationships and also to those who have left or who are trying to leave.

Understanding Aboriginal Child Protection/Removal Matters
This redesigned and reprinted fact sheet describes what Aboriginal parents and their communities can do in Aboriginal child protection cases. BC law says that if any child is at risk, they must be removed from their home. It also says that Aboriginal cultural ties are important to the well-being of Aboriginal children. Written in plain language, the fact sheet also contains an area for writing notes about the details of the case.

Understanding Court Orders and Hearings
This redesigned and reprinted fact sheet describes many of the court orders and hearings involved in child protection cases. Written in plain language, it contains an area for writing notes about the details of the case.

When I’m 64: A Guide to Benefits and Services for People Aged 60 and Over
This reprinted booklet contains information for seniors on government pensions and benefits for seniors. The booklet also contains information about adult guardianship legislation, health care services and benefits, housing, safety and security, and putting one's affairs in order. The reprint now includes the information update that was originally printed in 2009 as an insert.

If you have questions or comments about any of our publications, please send us an e-mail.