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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Big Changes to Small Claims

Small Claims under $5001

Last week, the Civil Resolution Tribunal (CRT)–Canada’s first online tribunal–began accepting small claims disputes $5000 and under.

Small claims disputes that the CRT can resolve include a wide variety of issues between individuals and organizations. You can start with the Solution Explorer, the first step in the CRT process, to find information and self-help tools for your issue. You can also apply for dispute resolution right from the Solution Explorer.

If you go through to obtain a CRT order, it may be enforced by filing it in the BC Provincial Court. When you do so, it has the same force and effect as a judgment of the BC Provincial Court.

What about Small Claims over $5000?

The BC Provincial Court now handles Small Claims cases between $5001 and $35,000. The Court has put together a helpful page that goes over the changes, including:

  • types of disputes;
  • what the CRT can and cannot hear;
  • when a claim under $5001 can still be heard by the Provincial Court;
  • when the CRT might refuse a claim;
  • what to do when you are not happy with a CRT decision;
  • special procedures in Vancouver and Richmond; and
  • alternatives to court.

What resources & help are there for Small Claims?

With the help of Judge Ann Rounthwaite (retired), Digital Communications Coordinator for the BC Provincial Court, we have updated Where do I start for information on Small Claims Court?

This page provides a curated collection of helpful basics for all things Small Claims.

It includes a printable PDF handout with:

  • A summary of the resources; and
  • A short bit.ly link so anyone can quickly access the full list of links.

Other Provincial Court resources

The following Common Questions have also been updated:

Access all “Where do I start…?” questions and handouts at: bit.ly/clicklawbcpc

Stay informed:

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