Gladue rights – Clicklaw Blog

2019 Bi-Monthly Update Series: March/April

May 15, 2019 Clicklaw Editor New on Clicklaw

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

Motor Vehicle Accidents and Injuries Solution Explorer
by Civil Resolutions Tribunal

On April 1, 2019, the Civil Resolution Tribunal (CRT) started resolving many motor vehicle injury (MVI) personal injury disputes in British Columbia. This includes determinations of whether an injury is a “minor injury”, disputes about accident benefits, and disputes about damages and fault up to $50,000. The Solution Explorer is the first step in the online CRT process, with free legal information and tools.

Ordering a Court Transcript
by The National Self-Represented Litigants Project

This guide outlines the steps that are required to order court transcripts in each province/territory. It is a compilation of information obtained from court websites, telephone & email conversations with court services/transcript services at different courthouses, and from legal professionals.

Disability Alliance BC

The following help sheets have been updated:

Legal Services Society

Unbundling Legal Services Infographic – this new poster explains what unbundled legal services are, and where people can find lawyers offering these services.
Keeping Aboriginal Children Safe: Your Family’s Rights – this new, illustrated booklet explains the child protection process for Aboriginal children and families.
How to Appeal Your Sentence – New edition. Step-by-step guide for appealing a sentence for people who may or may not be in custody.
How to Appeal Your Conviction – New edition. Step-by-step guide for appealing a conviction for people who may or may not be in custody.
Your Welfare Rights: When You’re on Welfare – Includes what the ministry might ask you to do, what might happen if you don’t follow the ministry’s rules, income and assets you can have on welfare, your employment-related responsibilities, and how to appeal a ministry decision.
A Second Chance: A Gladue Rights Story – this new graphic novel tells the story of Myra, who is charged with assault with a weapon. Myra learns about her legal rights and, with the help of Legal Aid, gets a Gladue report for her sentencing hearing.
Clear Skies: A Family Violence Story – this new graphic novel tells the story of Marnie and her kids who live with family violence. With the support of her community, and by learning her legal options, Marnie is able to leave an abusive relationship
How to Become a Child’s Guardian – the French language version updated.

Mediate BC

Mediate BC has launched a new website, providing an easy way to learn everything you need to know about mediation, and help you find the right mediator. The updated listings on Clicklaw include:

People’s Law School

Being an Executor – this updated booklet is for people who have been asked to be an executor in a will.
Power of Attorney – this updated booklet tells you how a power of attorney can be used to give someone the legal power to take care of financial and legal matters for you.
Preparing Your Will – this updated publication explains how to prepare a will, what to consider when appointing an executor, and next steps after the will is finished.
Essentials of Work & the Law (formerly Working in BC) – this updated booklet offers information about your rights & responsibilities as a worker.
Unbundled Legal Services – this new website helps the public understand “unbundling”, a new service model for law in British Columbia.

Rise Women’s Virtual Legal Clinic (VLC)
from Rise Women’s Legal Centre

Provides free and low-cost legal services to self-identified women who live outside of the geographic zone from Whistler to Chilliwack (inclusive). The clinic offers a range of services, including information and summary advice, document drafting, and legal coaching for self-represented litigants.

Drop-in Legal Clinic at Ray-Cam Community Centre
from Society for Children and Youth of BC

This new drop-in legal clinic provides legal help for young people who are experiencing problems relating to family law, child protection, a breach of your human rights and many other legal issues.

North Shore Pro Bono

Dispute Resolution Education – education and coaching workshops regarding separation, divorce, parenting arrangements, support and division of property and debt.
Pro Bono Estate Planning – estate planning assistance for low-income individuals who want to ensure that they have a valid will and all documents (incl. Power of Attorney & Representation Agreement) in place to handle their financial & personal matters should they not be able to.
Pro Bono Family Mediation – family mediation for low income individuals with concerns in the areas of property division, support and custody.

Project Inclusion: Confronting Anti-Homeless and Anti-Substance User Stigma in British Columbia
by Pivot Legal Society

Project Inclusion is a comprehensive study into the ways in which specific laws and policies in policing, health care, and the court system directly undermine the health and safety of people who are homeless and living with substance use issues by trapping them in a cycle of criminalization.

Red Women Rising: Indigenous Women Survivors in Vancouver’s Downtown Eastside
by Downtown Eastside Women’s Centre

This comprehensive report is based on the lived experience, leadership, and expertise of Indigenous survivors. The report places Indigenous women survivors at the center, rather than as a secondary reference. It proposes 35 key recommendations and goes into more details in its 200 recommendations.

Stay informed:

2017 Bi-Monthly Update Series: November/December

December 19, 2017 Clicklaw Editor New on Clicklaw, The broader context

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

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

Navigating the Justice System: A Guide for Self-Represented Litigants with Disabilities
This guide is for self-represented litigants (SRLs) who are also people with disabilities (PWDs). It provides information on disability accommodations and resources in the justice system. It includes a list of organizations that may be able to help.
Reading and Understanding Case Reports: A Guide for Self-Represented Litigants
This guide helps self-represented litigants (SRLs) with reading case reports. It gives advice to SRLs on how to read and use case law in their legal research and is a companion to the CanLII primer. It also includes a glossary of important terms and a list of court abbreviations.

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

Children’s Participation in Justice Processes
The final results of survey of participants from a 2-day national symposium with a multidisciplinary spectrum of leading stakeholders to share info & dialogue about how: voices of children and youth are heard, their interests are protected & evidence is received in justice proceedings.
The Development of Parenting Coordination and an Examination of Policies and Practices in Ontario, British Columbia and Alberta
A review of the development of parenting coordination in the US & its adoption in Canada, and the findings of the research available to date on parenting coordination, its efficacy in resolving parenting disputes, its efficacy in steering such disputes out of court & its impact on parental conflict.