2017 Bi-Monthly Update Series: November/December

To keep you informed, here are some highlights of changes and updates made to Clicklaw in November and December:

Jan-Feb | Mar-Apr | May-Jun | Jul-Aug | Sep-Oct | Nov-Dec


Legal Services Society

  • Gladue Submission Guide
    This new, plain language booklet for Aboriginal peoples explains how to prepare a Gladue submission to help the judge decide bail or sentencing. Includes a Gladue factors checklist and a worksheet to help Aboriginal peoples, lawyers, and Native courtworkers gather information needed to prepare a submission.
  • Your Gladue Rights
    This revised booklet explains Gladue rights, rights under the Criminal Code that apply to anyone who identifies as Aboriginal. Gladue rights can apply at bail and sentencing hearings.
  • Sponsorship Breakdown
    This updated booklet is for permanent residents who need help when the person sponsoring them in Canada is no longer supporting them.

Provincial Court of BC

  • CFCSA flowchart (Child Protection Matters)
    Chart shows possible stages and orders in child protection proceedings under the Child, Family and Community Service Act, with notes – statute sections are hyperlinked to the Act.
  • Criminal Case Flowchart
    Stages in a Criminal Case: These notes provide more information about criminal procedure – the procedures set out in the Criminal Code of Canada to be followed in criminal cases.
  • BC Provincial Court Common Questions
    General information about the Provincial Court and the BC justice system.

Disability Alliance BC Help Sheets Update

The following help sheets on BC’s disability benefits have been updated:

Small Claims Trial Preparation Clinic
by Seniors First BC

Are you a senior representing yourself in a Small Claims Court proceeding? Call 604-336-5653 to find out more about this Trial Preparation Clinic. A lawyer will call you back to assess if the clinic is able to assist.

Mothers Without Status
by YWCA Vancouver

This updated booklet is for service providers assisting “mothers without status”. It now has new content on MCFD and has been updated for immigration and Family Law Act changes.

Financing Litigation Legal Research Project
by British Columbia Law Institute (BCLI)

The paper reviews six financing models to pay for litigation: unbundled legal services, third-party litigation funding, alternative fee arrangements, crowdfunding, legal expense insurance, and publicly funded litigation funds. It also discusses 18 ideas on how to enhance the use of each model.

Operating in Darkness: BC’s Mental Health Act Detention System
by Community Legal Assistance Society (CLAS)

Mental health detentions in BC have increased dramatically over the last ten years. This report reveals several disturbing practices and points to a number of deep flaws in the BC Mental Health Act that do not comply with the rights guaranteed by the Charter and international human rights law.

2017 CEDAW Report Card
by West Coast LEAF

The annual CEDAW Report Card grades BC’s compliance with United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). BC’s record of action and inaction in the past year is assessed in nine key areas impacting the rights of women and girls.

The National Self-Represented Litigants Project

Charterpedia
by the Government of Canada

Charterpedia provides legal info about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law.

Canadian Research Institute for Law and the Family

Stay informed:

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West Coast LEAF Report says BC can do better on Women’s Rights

This post introduces a newly added resource in the Reform & Research section of Clicklaw, the public window to legal reform and innovations in BC.

By Kendra Milnelogo_westcoastleaf
Director of Law Reform, West Coast LEAF

After an election campaign in which women’s equality became a rhetorical tool in a divisive attempt to instill fear and xenophobia in voters and control women’s religious choices, Canada has opted for a more hopeful federal government. But where does that leave women in BC?

We know the primary causes of women’s inequality: disproportionate financial insecurity due to unpaid caregiving and wage inequity, and violence, which undermines a woman’s ability to exercise her most basic rights. These are some of the fundamental drivers of women’s well-being and security, in addition to the ability to access assistance to enforce their legal rights. Many of the solutions to these issues fall totally or partially under the responsibility of provincial governments.

With that in mind, West Coast LEAF has released its seventh annual report card on women’s rights in BC. The report card assesses how well the BC government is complying with the obligations set out in the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW, often described as an international bill of rights for women, was ratified by Canada in 1981. The focus of the report card is the provincial government, but it provides a useful framework to measure the potential impact of some of the platform promises of Canada’s new federal government. Below are some of the Liberal Party of Canada’s (LPC) campaign promises in areas particularly relevant to women’s equality and some key findings about the BC provincial government’s role and progress in those areas from this year’s CEDAW report card.

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