Organization of the Month | March 2018

For women leaving abusive relationships, the complication of dealing with the power and control issues of a violent spouse makes navigating the legal system more difficult. Some women give up and stay with their abuser because it is easier than leaving. Battered Women’s Support Services (BWSS) supports women leaving abusive relationships, through legal advice, representation and advocacy.

Introducing Harshada

Harshada Deshpande – Manager, Legal Services and Advocacy at BWSS

In her new position of Manager, Legal Services and Advocacy at BWSS, Harshada Deshpande is responsible for the management of the Legal Services and Advocacy Program (LSAP) team. She is also working on a number of on-going and new systemic advocacy projects and strategic interventions, such as the submission for the National Inquiry and the MCFD Advocacy Clinics (more on this below). Harshada co-authored (along with Executive Director Angela Marie MacDougall and Manager of Direct Services, Rosa Elena Arteaga) the BWSS Open Letter to Justice Minister David Eby regarding the Provincial Court Family Rules Project.

Editor’s note: Thank you for providing us with this update on BWSS’ latest services, Harshada!

> Legal Services and Advocacy Program (LSAP)

Approximately 80% of the women who access our services do not have legal representation because they are ineligible for government-funded legal aid and cannot afford a private lawyer.

We provide legal information and legal advice in the areas of family law, child protection, and immigration law.

Our services also include: providing court accompaniments, document drafting, and support with preparation for court hearings and case conferences for unrepresented women.

We will take on full representation files based on: the current case load, availability of time, the number of law students volunteering at BWSS, and the complexity of legal issues involved. BWSS will also consider if the following applies:

  • the woman has been denied legal representation by Legal Services Society;
  • the woman has appealed the Legal Services Society’s decision of denial and the appeal was unsuccessful;
  • there are multiple barriers that prevent the woman from self-representation, including language, disability, complexity of legal issues, gender orientation, and impact of trauma;
  • the abuser is using the court system as way to intimidate or harass or to continue any form of violence;
  • the inability to privately retain a lawyer, such as financial difficulties; and
  • the legal issue is either a family law, child protection or immigration law

Call 604-687-1867 or 604-687-1868 ext. 307 to apply.

> Legal Advocacy Workshops

BWSS supports women leaving abusive relationships, through legal advice, representation and advocacy.

Who & What: For women who have or are experiencing violence in their relationships and require legal support with the resulting family law issues. Lawyers from the community with experience in family law will facilitate all workshops.

When: Every Wednesday, April 4, 2018 – June 6, 2018, from 10am – 12pm

Where: at the BWSS office – call 604-687-1867 for location

> Family Law Clinic

BWSS provides summary legal advice clinics in family law every month with volunteer lawyers from the community. These clinics are able to offer necessary summary legal advice to women on a continuous basis while they are unrepresented in the family law system.

Call 604-687-1867 for the clinic schedule.

> Court Forms Preparation Clinic

In partnership with the Amici Curiae Paralegal Program, BWSS provides assistance to unrepresented women with drafting Supreme Court forms in family law proceedings, including affidavits, desk order divorce applications, and financial statements.

When: Third Wednesday of every month, from 5:45-7:45pm

Where: Call 604-687-1868 ext. 307 for location and appointments

> The National Inquiry into Missing and Murdered Indigenous Women and Girls

BWSS has been standing in solidarity with Indigenous women across Turtle Island in calling for a National Inquiry into missing and murdered Indigenous women and girls in Canada since before British Columbia’s Missing Women’s Commission of Inquiry (MWCI). On top of running a crisis line and offering legal, advocacy and counselling services, we are actively involved in a coalition on Missing and Murdered Indigenous Women and Girls formulated out of the failure of both group and family participation in the MWCI. Our efforts working in western Canada and northwest British Columbia through an initiative called Women’s Leadership and Training brought together Indigenous women to organize local responses to violence toward. We are an active long-time member of the February 14th Women’s Memorial March committee to honour Indigenous women who have lost their lives to violence in downtown eastside Vancouver.

In August 2017, BWSS was successful in obtaining Standing to make submission in the National Inquiry into Missing and Murdered Indigenous Women and Girls. A team of dedicated and passionate women from BWSS, led by the Indigenous Women’s Program, in collaboration with the Legal Services and Advocacy Program, are currently in the process of drafting the written submissions in order to give a voice to the countless Indigenous women and girls who have accessed our services and continue to be invisible in the justice system.

> *Upcoming* MCFD Advocacy Clinics

BWSS is proud to be one of the first organizations in the province of BC to provide advocacy workshops to women who have involvement with the Ministry of Child and Family Development (MCFD). BWSS’ Indigenous Women’s Program, in collaboration with the Legal Services and Advocacy Program, will be providing monthly clinics to women who have an open file with the MCFD. Staff and volunteers will provide women with short-term support, legal advocacy, court and MCFD meeting accompaniments, and strategic advocacy to support women in keeping themselves and their children safe. Watch this space for updates on the dates of these clinics!

Stay informed with BWSS:

01_Clicklaw_30px 01_Twitter_30px 01_Linkedin_30px 01_Website_30pxFB-f-Logo__blue_29

Organization of the Month | July 2017

This month, we feature Community Legal Assistance Society (CLAS), a Clicklaw contributor.

Meet Samrah

Samrah Mian is the Intake Coordinator for the Community Law Program at CLAS. Samrah acts as the first point of contact for all clients and advocates accessing the Community Law Program’s services. She listens to their stories, gleans relevant information, helps clients gather documents from various sources in order to complete a program intake, and links clients and callers to other resources and referrals when appropriate. She also plays a role in community outreach, public legal education and research, and works towards program goals surrounding residential tenancy.

Thanks for talking to me today, Samrah. Can you tell me more about what you do?

I was hired about a year ago at CLAS, in a newly created position, intended to streamline and simplify intakes with the hope that clients could quickly reach someone who would be able to help them immediately and that this would lessen the load on the rest of the program staff.

What I truly appreciate is the diversity of the work that my job involves. I’ve been given the opportunity to become involved in public engagement, conducting research and learning more about poverty law topics that interest me.

Can you tell me more about what your Community Law Program (CLP) is working on?

Besides providing direct services to hundreds of people every year, we’re involved in a number of systemic advocacy actions.

Our program is active in lobbying for changes to residential tenancy laws and procedures at the Residential Tenancy Branch (RTB). We supported the new legislative amendments that allowed tenants fleeing family violence to be able to end their fixed-term tenancies early and we actively work with the RTB to improve practices.

Outside of residential tenancy, our recent work includes a case that resulted in the repeal of discriminatory income assistance policies and we are currently challenging the validity of forced psychiatric treatments under the Canadian Charter of Rights and Freedoms. We also intervened at the Supreme Court of Canada in a human rights case that will determine whether the BC Human Rights Tribunal can deal with complaints of workplace harassment involving co-workers, customers, contractors and other non-supervisory personnel in the workplace.

Very cool to hear. What about your direct services? When should people refer to CLP?

Here’s a handy chart:

A good time to refer to CLPNot a good time to refer to CLP
Your client has received an Order of Possession from the Residential Tenancy Branch and is required to leave their homeYour client has received a Notice of Eviction from their landlord
After a co-op board meeting, your client’s membership has been terminatedYour client is receiving letters from their co-op that threaten to cancel her membership if she doesn’t comply with their terms
Your client has been served with court papers from the bank holding the mortgage in the house that they live in Your client has missed a mortgage payment
Your client has received a decision from the Workers Compensation Appeal TribunalYour client has received a decision from a WCB officer
Your client has received a decision from the Social Security Tribunal or the Employment and Assistance Appeal TribunalYour client has been told that they are not eligible for income assistance by a government branch such as the Ministry of Social Development and Social Innovation (now Social Development and Poverty Reduction)
Your client has had a human rights tribunal hearing and lost the hearingYour human rights claim has been accepted and you are seeking representation (in this case, the Human Rights Clinic would be a good referral)
Your client has received a decision from the Employment Standards TribunalYour client is being harassed by their employer and want to file a complaint with the Employment Standards Branch
Your client has received a decision from the Mental Health Review Panel or is being detained under the Adult Guardianship Act or has been issued a Certificate of Incapability under the Adult Guardianship ActYour client has been involuntarily detained under the Mental Health Act (if they have applied for a review panel hearing, they can apply to the Mental Health Law Program for representation)

Fantastic. I think that will be an excellent tool for people to have when making referrals. Anything else CLP is working on that you’re excited about?

We’re currently building self-serve website called BC Judicial Review Self-Help Guide where self-represented litigants can walk through the judicial review process and download templates that will make it easier for them to file for a review. In the past, this used to be a very long PDF but we’ve updated it to make it easier to follow. We’re also making different ‘streams’ for different legal issues. We currently have the residential tenancy and workers’ compensation streams up and we’ll be working on human rights and some other tribunals soon.

What’s the biggest misconception that people have about CLP?

One big misconception is that we can represent all clients in all types of legal matters for free!

The legal services that we provide through the Community Law Program are free of charge but, in reality, our program mandate is limited. We’ve done some work to spread awareness about this fact but we still get the occasional phone call from a client who wants our help in suing their dentist.

Our primary intake criteria is assisting low-income clients resolve their legal disputes when they have a decision from an administrative tribunal in the areas of work-related legal issues, human rights, government benefits, housing, and mental health law. In addition, we can also help individuals when their co-op membership is terminated, we can provide advice to low-income homeowners when their house is being foreclosed upon and we can help with certain situations in regards to adult guardianship.

CLAS serves the entire province of BC, and our other programs include the BC Human Rights Clinic, the Community Advocates Support Line and the Mental Health Law Program.

Thanks for clearing that up. I hope this helps spread the word, and better connects people to CLAS.

Me too. Speaking of connecting, we are holding our Working CLAS Blues fundraiser on October 26, 2017. If you’re in the lower mainland, we’d love it if you could join us for a night of music, dancing and social justice. Contact Dianne Bankay dbankay@clasbc.net for more information.

Sounds like fun. Last question–what’s something you enjoy when you aren’t working?

I volunteer at Battered Women’s Support Services Family Law Information Clinic along with a team of legal interns. I also spend time reading contemporary literature and listening to HowStuffWorks podcasts.

Stay informed with CLAS:

01_Clicklaw_30px01_Twitter_30px01_Website_30pxFB-f-Logo__blue_29

2017 Bi-Monthly Update Series: January/February

To keep you informed, here are some key changes and updates made to Clicklaw in January and February (plus one March bonus):

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


Going to (Provincial) Court
by Provincial Court of BC

Most people attending court are nervous, but knowing what to expect can help. Here are answers to some of the questions you may have, depending on why you’re going to court.

Common Question: What if I want legal help for only part of my (family law) problem?

Unbundled legal services may be an option for those who want the advice and assistance of a family lawyer, but for whom hiring one from beginning to end is too expensive. Unlike the traditional full-representation model, a lawyer providing unbundled legal services works on, and charges you for, only those tasks that you agree to in advance. Read more at the Common Question page and see lawyers/paralegals who offer unbundled services on the Roster page.

Mothers Leaving Abusive Partners: Information on Custody and Access for Women with Children
by Legal Services Society and YWCA Vancouver

This updated resource contains information on: what abuse is, how to protect yourself and your children, what the courts can do, deciding parenting arrangements, and where to get help and support. Includes a checklist of what to take with you when you leave an abusive relationship.

Court rules, forms and self-help guides to court procedures

All links to court forms changed this February as Ministry websites were redesigned. Our flow chart that helps you find the forms you may need when going to court (among other things) and has been updated with the latest links.

Service: BWSS Drop-In Family Law Information and Referral Clinic
by Battered Women Support Services

This clinic is designed to provide legal information to women who have urgent matters in family law proceedings; legal information, legal referrals and legal advocacy support will be provided during one to one appointments.

Starting a Franchise in B.C.
by BC Ministry of Small Business and Red Tape Reduction

This resource covers: What is a Franchise?, Franchisee Checklist, Questions to Ask when purchasing a franchise, Q&A on the new Franchises Act that came into force on February 1, 2017.

An Agenda for Justice
by Canadian Bar Association, BC Branch

The CBABC presents a series of reforms and recommendations aimed at improving access to justice for all British Columbians. An effective justice system is one that actively supports the ability of families, communities and businesses to evolve and thrive.

A Vision for Publicly Funded Legal Aid in British Columbia (March Bonus!)
by Law Society of BC

This report prepared for Benchers by the Law Society’s Legal Aid Task Force concludes that legal aid is a crucial part of the proper administration of justice in a free and democratic society. In a society based on the rule of law, every person must have equal access to the justice system. The report provides a brief history of legal aid in BC, sets out the need for a principled vision, and makes a number of recommendations to realize the Law Society’s Vision for Public Legal Aid in BC.

Stay informed:

01_Clicklaw_30px01_Twitter_30px01_Linkedin_30px01_Website_30pxFB-f-Logo__blue_29

Feb. 2017 Events – (Online, Burnaby, Surrey, Vancouver, Victoria)

Bookmark this post! It will be updated as more events are announced. You can also get frequent updates via our Twitter. Have a suggestion? Email us.

Wednesday, February 1 (11:30-12:30pm) Online Webinar: Live Demo of the Personal Planning Registry. Register Online.

Wednesday, February 8 (11:30-12:30pm) Online Webinar: Planning for Health and Personal Care. Register Online.

Wednesday, February 22 (11:30-12:30pm) Online Webinar: Planning for Financial and Legal Matters. Register Online.

  • February 3-16 (Various Times): BCCLA has several events going on this month:logo_bccla

February 3-5 (Various Times) In the wake of tragedy: acting together against Islamophobia includes Vancouver and Victoria in a list of more than 30 communities taking part in vigils to mourn the loss of life that resulted from this act of terrorism.

Wednesday, February 8 (5:00-7:00pm) 2228 Oak Bay Ave, VictoriaVictoria meet-up at the Penny Farthing – Come meet Micheal and Paul, discuss current civil liberties and human rights issues, and find out if you might like to get more involved! RSVP so we know how many snacks to order.

Thursday, February 16 (7:00-8:30pm) Alice McKay Room, Lower Level, Vancouver Public Library – 350 W Georgia St, VancouverPanel – Protecting the Right to Protest: Free Speech versus Corporate Power – The aim of this roundtable discussion is to explore how we can mobilize the media to, among other issues, educate the public for the need to reform the courts to regain citizen rights to free speech and the right to dissent.

Pro Bono lawyers provide a 30-minute free legal consultation on issues related to TFWs on Immigration, Employment, Human Rights & Privacy, Admin-General and Civil Procedure. This service is for low-income migrant workers including: Low-Skilled Workers, Persons under the Live-in Caregiver Program, Agricultural Workers, etc. All clients should book an appointment at least a week before the target Clinic date. Book an appointment with the organizer.

  • February 6-16 (Various Dates): People’s Law School 1004presents the following events in Burnaby and Vancouver:

Monday, February 6 (7:00-8:30pm) Burnaby Public Library – 6100 Willingdon Avenue: Family Law – Child Access and Custody – Contact 604-436-5400 to register.

Tuesday, February 7 (12:00-1:00pm) 900 Howe Street, Vancouver: Currency Fraud – Register Online.

Wednesday, February 8 (7:00-8:30pm) Burnaby Public Library – 7311 Kingsway: Powers of Attorney, Joint Bank Accounts and Representation Agreements – Contact 604-683-4574 to register.

  • Wednesday, February 8 (6:30-8:30pm): Disability Alliance BC dabc_logopromotes a free online webinar from lawyer Ken Kramer, Q.C. on Disability & Estate Planning – Topics: Preparing a Will, Trust planning for persons with disability, Disability and Estate planning
  • February 14-17 (Various Dates): Mediate BC presents the following events in Vancouver:

Tuesday, February 14 (12:00-1:00pm) #150, 900 Howe Street, Vancouver: Games and Other Tools for Intergenerational Conflict Prevention – Register Online. (Part of Mediate BC’s Learn@Lunch Series with People’s Law School)

Wednesday, February 15 (1:30-3:00pm) Barclay Manor, 1447 Barclay Street, Vancouver: Elder Mediation: Maintain Your Voice and Your Choice – Contact 604-669-5051 to register.

Thursday, February 16 (9:30-11:00am) 900 Howe Street, Vancouver: Top 10 Things To Know About Family Mediation – Register Online. (Part of Mediate BC’s Learn@Lunch Series with People’s Law School)

Friday, February 17 (1:00-3:00pm) South Granville Seniors Centre, 1420 West 12th Ave, Vancouver: Collaborative Gaming for Seniors and Families – Drop-in.

  • Wednesday, February 15 (11:30-2:30pm): Pivot Legal Society redzonesforumpresents A Forum on Red Zones: Bail and Sentencing Conditions & Marginalized People in Vancouver at the Japanese Language School Auditorium, 487 Alexander Street, Vancouver in the DTES.

Speakers will present and comment on findings from a study conducted in Vancouver on area restrictions and other conditions and lead a discussion with participants. Free lunch will be served.

The BC Society Act, which provides the rules for governance and incorporation of non-profits, officially proclaimed important changes on November 28, 2016. There will be a two year transition period by which time all societies in BC will have to make the switch to the new Act. This workshop will provide the information on the bylaw and policy changes necessary for your organization to effectively make the transition when the new Act is proclaimed.

Register Online. Tickets are $50.

  • Monday, February 20 (6:00-8:00pm): National Self-Represented-Litigants Support Network meets in Vancouver. The group offers free support for individuals going through the difficult experience of representing themselves in family or civil court. Held at the Westcoast Child Care Resource Centre at 2772 East Broadway, Vancouver. Free Parking available. RSVP to NSSN.vancouver@gmail.com.

Stay informed:

01_Clicklaw_30px01_Twitter_30px01_Linkedin_30px01_Website_30pxFB-f-Logo__blue_29

2016 Bi-monthly Update Series: March-April

In our 2015 year-end update, we promised to provide bimonthly updates to new resources and services added to Clicklaw in those two months. Here is a selection from the hundreds of changes in March and April:

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


Battered Women’s Support Services
by Battered Women’s Support Services

See BWSS’ expanded legal advocacy program which includes full representation (family and immigration matters), and other help on family law issues: workshops, a family law clinic and a court forms preparation clinic.

 

Islamophobia Hotline
by SABA BC, Access Pro Bono, National Council of Canadian Muslims, BCPIAC, FACL BC, CLAS, BCCLA, CABL, CBA BC

Free confidential legal advice if you feel that you have been discriminated, harassed, or faced violence because you are Muslim or were perceived to be Muslim: 604-343-3828

 

Resources on police record checks
by Canadian Civil Liberties Association

Want to know what a police record is? How to try to deal with a non-conviction record? What privacy and human rights laws apply, or best practices for employers? Check out this resource from the CCLA.

 

LSLAP Manuals
by LSLAP Law Students’ Legal Advice Program

See the latest links for LSLAP’s updated legal advice manuals.

 

Coping with Separation Handbook
by Legal Services Society

For spouses (married or living in a marriage-like relationship) dealing with the emotional aspects of separating. Describes ways to cope and how to help your children cope. Includes support services for spouses, parents, and children, and where to find legal help.

 

The Social Security Tribunal
by Disability Alliance BC and CLAS

In 2013, the process to appeal the denial of Canada Pension Plan Disability (CPP-D) changed when a new system, the Social Security Tribunal (SST), replaced the Review Tribunal. This guide will help people and advocates who are appealing denial of CPP-D to the SST. The guide has been updated in 2016.

 

Atira Legal Services
by Atira Women’s Resources Society

See updated information for Atira’s Legal Advocacy Program for Women in the DTES, Atira’s Weekly Summary Legal Advice Clinic, and Atira Women’s Court Form Preparation Clinic.

 

The McKenzie Friend: Choosing and Presenting a Courtroom Companion
by NSLRP

As a self-represented litigant, you may bring someone to sit with you at the front of a courtroom when you are appearing before a judge or master. You must ask the judge for permission for this person – often a friend or family member – to sit beside you and help you through the process.

 

Executor Guide for BC
by Heritage Law

This publicly available wikibook will help you understand the steps involved in being an executor and probating a will.

 

Leaving Abuse
by Legal Services Society

This graphic novel tells the story of Maya, who is leaving her abusive partner but doesn’t know where to get help. Through illustrations and clear basic legal information, Leaving Abuse shows how she finds the support and legal aid she and her children need to stay safe and start a new life.

 

TRU Community Legal Clinic (CLC)
by Thompson Rivers University (TRU)

The Community Legal Clinic (CLC) is the first student-staffed pro bono legal clinic in the Interior of British Columbia. The students and the supervising lawyer are a passionate team providing legal assistance and advice to those who would otherwise be unable to afford legal assistance.

 

Preparing for B.C.’s New Societies Act: A Guide to the Transition Process
by BC Registry Services

The new Societies Act will come into effect on Nov. 28, 2016. In the two years following that date, every preexisting society will be required to “transition” to the new Act. This document sets out some basic information about the transition process and other matters that societies may wish to consider over the coming months.

 

Debt collection & debt repayment agents
by Consumer Protection BC

Consumer Protection BC is the licensing and regulatory body for the debt collection and repayment industry (which includes debt collectors, collection agencies, bailiffs and debt repayment agents). They provide information on your rights & obligations around debt collection practices. Includes links on how to dispute a debt, request communication in writing only, or notify a collection agency you are not the debtor.

Includes updated information on debt collection practices. See also blog post on Debt Repayment Agents: New Rules are in place and New things to know about BC’s debt collection laws


Notice – BC Government URLs

You may have noticed that some of the links to websites hosted by the BC Government may be broken as they restructure. We are currently working with BC Gov website staff to keep links updated. For example, see the updated link to Family Justice in BC.

Stay informed:

01_Clicklaw_30px 01_Twitter_30px 01_Linkedin_30px 01_Website_30pxFB-f-Logo__blue_29

Introducing Battered Women’s Support Services (BWSS)

bwss_logoBy Vicky Law
Lawyer & Legal Advocacy Program Coordinator

For the past 26 years, BWSS has had a Legal Advocacy Program because we know that for women leaving abusive relationships, the complication of dealing with the power and control issues of a violent spouse makes dealing with legal system more difficult. Some women give up and stay with their abuser because it is easier than leaving.

Our Legal Advocacy program has expanded this year. Here is an updated list of the legal services we offer. Click on the yellow icons for more details about each service within the Clicklaw HelpMap.

01_Clicklaw_30px Full representation – Legal Advocacy Program

Approximately 80% of the women who access our services do not have legal representation because they are ineligible for government funded legal aid and cannot afford a private lawyer.

We will take on full representation files based on: the current case load, availability of time, the number of law students volunteering at BWSS, and the complexity of legal issues. BWSS will also consider if the following applies:

  • The woman has been denied by Legal Services Society for legal representation;
  • The woman has appealed the Legal Services Society’s decision of denial and the appeal was unsuccessful;
  • There are multiple barriers that prevent the woman from self-representation, including language, disability, complexity of legal issues, gender orientation, and impact of trauma;
  • The use of the court system by the abuser as way to intimidate or harass or to continue any form of violence;
  • The inability to privately retain a lawyer, such as financial difficulties; and
  • The legal issue is either a family law, child protection or immigration law matter.

Call 604-687-1867 or 604-687-1868 ext. 307 to apply.

01_Clicklaw_30px Legal Advocacy Workshops

Who & What: For women who have or are experiencing violence in their relationships and require legal support with the resulting family law and other legal issues. Lawyers from the community with experience in family law will facilitate all workshops.

When: Every Thursday, April 7, 2016 – June 9, 2016, from 10am – 12pm

Where: at the BWSS office – call 604-687-1867 for location

01_Clicklaw_30pxFamily Law Clinic

BWSS provides summary legal advice clinics in family law every month with volunteer lawyers from the community. These clinics are able to offer necessary summary legal advice to women on a continuous basis while they are unrepresented in the family law system.

We continue our partnership with Access Pro Bono to provide monthly in-house pro bono clinics in family law.

Call 604-687-1867 for the clinic schedule.

01_Clicklaw_30pxCourt Forms Preparation Clinic

We have partnered with Amici Curiae Paralegal Program to provide assistance to unrepresented women with affidavit drafting in family law proceedings – both Provincial and Supreme Court.

When: Third Wednesday of every month, from 5:45-7:45pm

Where: Call 604-687-1868 ext. 307 for location and appointments

Stay informed with BWSS:

01_Clicklaw_30px 01_Twitter_30px 01_Linkedin_30px 01_Website_30pxFB-f-Logo__blue_29