Guide to Legal Services in Victoria

Transcription

1 Guide to Legal Services in Victoria TOGETHER AGAINST POVERTY SOCIETY January, 2014 Noah Ross Together Against Poverty Society # Fort Street, Victoria BC V8W 1H7 Phone: (250) Fax: (250) Website:

2 2 Territory Acknowledgement The research in this report was conducted on unceeded Lekwungen territory. As a researcher and settler I have been an uninvited guest on Lekwungen territories and am grateful for the patience and generosity that the Lekwungen have showed to me and other Victorians and hope that this work, through generating information that can be used to provide more effective legal services to marginalized people, will contribute to building more respectful relations between settlers and Lekwungen people. Thanks to Acknowledgements The participating organizations for allocating staff time to this project. Kelly Newhook for support and direction with the preparation of this report. Tim Richards for guidance in the research process and assistance in understanding access to justice services more broadly. The University of Victoria Co-op Student Learning Internship Program, the Together Against Poverty Society and the Vancouver Island Public Interest Research Group for financial assistance in preparing this report. Annie Banks for the artwork used in this report. Emily Rogers for assistance editing this report.

3 3 Guide to Legal Services in Victoria Table of Contents Introduction 4 Disclaimer 5 Legal Aid 6 Duty Counsel 7 Legal Advice 8 Poverty Law Income assistance 9 Disability 11 Poverty Law services for First Nations people 11 Poverty Law services for specific groups 12 Tenant Advocacy 13 Family Law 14 Human Rights Advocacy 15 Immigration Law 16 Employment Law 17 Appendix A: Victoria Legal Service Providers Contact List 18

4 4 Introduction There is much material that has been released in the past ten years detailing the availability and health of legal services in British Columbia and Canada. 1 This research has documented extensively the needs of broader populations at the level of Canada or British Columbia for legal services and has documented that there are significant gaps in the provision of legal services in British Columbia. This report adds to this research by providing an overview of legal services available in Victoria, BC in the areas of services used often by marginalized people: poverty law, family law, immigration law and employment law. Poverty law is understood to include income assistance, disability and tenancy law. The goal of this research project is to create an accessible list of legal services that currently exist in Victoria. This information has been compiled in order to assist service providers with referrals, aid organizations with making funding requests and ultimately assist service users by enabling better service provision. By focusing specifically on a particular community, the intent of this research has been to generate information that is specific to the population of Victoria rather than look at aggregates. These materials will be shared with any interested community groups and will also be made publicly available. In terms of gaps in legal services that are provided in Victoria, the most significant gap is a lack in accessible legal representation provided by legal aid across all of the focus areas. Legal aid currently exists only for specific legal problems, generally located in the areas of family and criminal law. The Law Centre offers some legal representation beyond that provided by legal aid but the services are not seen as extensive enough or accessible enough to diverse groups of people to serve as substitutes for legal aid. More troubling, the income levels needed in order to access legal aid or the Law Centre s services are so low that many people who cannot afford legal fees will not be able to access these services. This report is based on the results of interviews conducted with members of the over 25 organizations that provide legal services in Victoria. Organizations that could not be reached were researched through the internet. The people interviewed for this project were more often than not centrally involved in the provision of the legal services in question. Those who have been interviewed include a few executive directors, many program managers, some advocates and a few receptionists. The information gathered during interviews has been fact checked for accuracy with the organizations that provide the services discussed in this survey. In a few instances organizations were not available to be contacted and the original information has been used. 1 See for example Carol McEown, Civil Legal Needs Research Report, The Law Foundation of British Columbia, 2009 and Ab Currie, The Legal Problems of Everyday Life, Department of Justice, Canada, 2009.

5 5 Disclaimer Any mistakes are the responsibility of the researcher who gathered information for this project. Information regarding service provision is current to December The information presented here is not legal advice nor should it be considered a definitive statement of the nature of services offered by a specific organization.

6 6 Section 3: Legal Service Provision in Victoria Legal Aid Legal aid is legal representation on a pro bono basis. Currently in British Columbia legal aid is available for specific legal problems in the areas of criminal, family, child-care issues and immigration. Criminal Law coverage is generally available when there is a chance of going to jail, of losing livelihood or an accused is unable to represent themselves on account of a physical or mental impairment. Family Law legal aid coverage is generally available when the safety of a child or the safety of the family is at risk because of a dispute between current or former partners, when parents have been barred from seeing their children or there is a risk that a child will be permanently removed from the province. Legal aid is available for child-custody issues when the Ministry of Children and Family Development has taken or is threatening to take children away from their parents or there are custody issues in relation to a child that is currently in foster care. Immigration Law legal aid is available for immigration hearings that could result in deportation and for applicants for refugee status. In Victoria assessment of eligibility for legal aid relating to immigration law problems is not provided in person. Interested people are instructed to call the Immigration Legal Aid line at This is not a complete list of services, other limited areas of family and criminal law are covered, especially for First Nations people. Contact the legal aid office for more information. Legal aid in Victoria is currently operated by Roland Kuczma's law office. Contact the legal aid office at for information about services. The office also offers drop-in hours during which potential recipients can assess whether the family or criminal law charges they are facing allow them to qualify for legal aid and assess eligibility based on financial status. This service operates between the hours of 9 AM and 12 PM, Monday to Friday. If a potential recipient of legal aid has a criminal law problem there are also drop-in services that are offered at the legal aid office in the Victoria Courthouse between the hours of 9 AM and 12 PM, Monday to Friday. Potential recipients of legal aid can also assess their eligibility for criminal or family law legal aid at the Western Communities courthouse in Colwood. This service is provided by the Victoria legal aid office and runs intermittently depending on the availability of staff. It is advised to call the Western Communities courthouse at before attending to confirm that legal aid staff will be present. When it is running, this service operates Monday and Thursdays and the second and fourth Wednesday of each month from 8:45 AM until roughly 10:15 PM or earlier if there are no clients.

7 7 In addition to legal aid, The Law Centre provides full pro-bono representation for a range of legal areas including criminal matters, divorce, support and other family law matters, Human rights complaints, civil disputes and hearings before administrative tribunals dealing with matters such as, employment insurance, income assistance, landlord and tenant disputes and the Canada Pension Plan. The Law Centre s services are provided by articled law students operating under a supervising lawyer and there are typically 14 students receiving clients. Call the Law Centre at for more information or to see if a specific legal problem qualifies for representation. Eligibility Financial eligibility for legal aid is based on monthly income levels which are the same for all areas covered by legal aid: approximately $1480 a month for individuals, 2,070 for two person households, 2,670 for three person households with incremental increases beyond that. Exact information about financial criteria including exemptions and asset limits is available at: < Duty Counsel Duty counsel services offer free legal advice and limited legal representation to people who have been accused of a criminal offense in family law or criminal law matters. Duty counsel is also able to interview and assess people based on their eligibility for legal aid. Criminal law duty counsel is available for in and out of custody accused people who have been charged with a serious crime, do not have a lawyer, do not qualify for legal aid, or have not yet contacted legal aid. Criminal duty counsel can provide counsel at bail hearings and prepare guilty pleas, give legal advice and provide advice about defenses among other services. Family law duty counsel is available for people with urgent family law problems and most child apprehension cases. Family duty counsel can give legal advice and speak on behalf of a person in court on simple matters and other services. Duty counsel services for Family Law and Criminal Law are available at the Victoria Courthouse from 9 AM - 12 PM Monday to Friday and till 3 PM on Thursday. Eligibility of a particular legal problem for duty counsel assistance can be assessed in discussion with duty counsel during the hours listed above and will depend on the availability of duty counsel. Contact the Victoria Courthouse at for more information. There is also duty counsel available at the Western Courthouse in Colwood. Before attending it is recommended to call the court at to confirm that services are being offered. Typically, there is one family law duty counsel on staff Monday morning from 8:45 AM until 12 PM or earlier if there are no cases to be heard. Typically there is one criminal law duty counsel on staff on Thursday who handles both in- and out- of custody criminal legal aid and is in the office from 8:45 AM until 12 PM or earlier if

8 8 there are no cases to be heard. Financial Eligibility: For criminal law duty counsel there are no financial requirements. For family law duty counsel potential recipients need to earn less than $3,265 a month for a family size of one to four people or an incrementally larger amount for larger families in order to qualify for family law duty counsel. Contact the Victoria or Western Communities courthouse for exact amounts. Legal Advice Legal advice is advice that is given by a lawyer that relates to how a client should respond in a given legal situation but does not include ongoing representation. In Victoria legal advice is commonly provided in the format of legal advice clinics that provide limited legal advice for specific areas of law on either a drop-in or appointment basis. Summary legal advice is legal advice that does not include ongoing consultations. Access Pro Bono runs two summary advice clinics that occur at a set time. These clinics offer 30 minute legal advice meetings for clients in criminal law, family law and administrative law, which includes employment standards, income assistance, small claims court, human rights claims and tenancy disputes among other areas. The Salvation Army Legal Clinic operates on Wednesdays from 1-3 PM and has four 30 minute appointments per session. The Inter-Cultural Association Legal Clinic operates from 12-2 PM on Thursday, also providing four 30 minute appointments per session. People who want to attend these meetings are advised to call ahead and book a meeting time although there are also standby spots for cancellations. Appointments at either of these clinics can be set up by calling Access Pro Bono also organizes summary legal advice clinics based on demand and the availability of lawyers that are offered at various locations around Victoria. These clinics are offered in the areas of criminal law, family law, immigration law and admin law. These clinics are not regularly scheduled, but are offered when lawyers are able to volunteer, generally every few weeks for each area of law. To book an appointment at one of these clinics in Victoria, call In order to qualify for a meeting at one of the Access Pro Bono clinics, potential recipients must have a family income of less than $3,100 a month for a family of up to four people with an incrementally larger amount for larger families. The Victoria Family Justice Centre (FJC) operates a legal advice clinic that offers coverage for family law legal matters. Only clients of the FJC can attend this clinic and they must be referred by one of the FJC s mediation counsellors. There is generally a one month wait list in order to access services at the FJC but once a person has met with one of the FJC s counsellors it is generally possible to attend the legal clinic within a week or two. The clinic has four appointment slots a week and operates from 9 AM- 12 PM on Fridays. Clients who have ongoing legal matters can book subsequent appointments. The lawyers who staff this clinic are provided through the Legal Services Society of British Columbia. There are no financial

9 9 eligibility criteria in order to obtain the services of the FJC legal clinic. To contact the FJC, call The Victoria Immigrant and Refugee Centre Society (VIRCS) operates a legal advice clinic on Monday and Thursday between 4:00 PM and 6:00 PM. This clinic is provided to newcomers to the Victoria area whether they are clients of VIRCS or not and offers 30 minute appointments each session. The clinic is operated by multilingual volunteer lawyers and can facilitate interpreters for legal services. This clinic serves all recent newcomers to the Victoria area and has no financial restriction for eligibility. Clients who have ongoing legal matters can book subsequent appointments. The VIRCS legal clinic focuses on immigration and family law issues although lawyers are also able to provide coverage in criminal law and other legal issues related to process of settling in the Victoria area. VIRCS also runs ad hoc workshops on legal topics of interest to clients regarding tenancy law, immigration law, family law and other topics based on interest from clients. To book an appointment call VIRCS at There is typically a three to four week waiting period for an appointment although interested clients can also drop-in at the clinic in case a spot opens up. The Victoria Native Friendship Centre operates a free legal consultation clinic for Indigenous people. This clinic is operated on a first come, first served basis and offers twenty minute appointments with a lawyer. The clinic operates from 12:00 to 1:00 PM on Wednesdays. The Victoria Native Friendship Centre can be contacted at There is also a general legal advice clinic that is operated at Carole James s MLA office on Tuesday from 5 till 8 PM or until there are no more clients. This clinic is run by a volunteer lawyer from the Batchelor Stamm Law Corporation and provides 15 minute legal advice sessions on a drop-in basis with no financial restriction for eligibility. Clients who have ongoing legal matters can book subsequent appointments. To contact Carole James s office call Poverty Law Poverty law is a term that relates to areas of law that are traditionally relied on by groups of people that are low-income. For these purposes this includes income assistance, provincial and federal disability and tenancy issues. Income Assistance Applying for Income Assistance (IA) Assistance preparing the application for welfare is provided by the REES Program (REES). REES provides computers and has outreach workers who can give assistance completing the application form for income assistance on paper or online at the Ministry of Social Development and Social Innovation website. REES is open from 9:00 AM -3:30 PM, Monday to Friday but is closed Tuesdays from 12:00-1:00 PM. Interested people who want assistance applying for welfare must call the REES Program at to book an appointment.

10 10 Immediate Needs Assessment (INA) If a person applying for income assistance is in a situation of immediate need the Ministry of Social Development and Social Innovation (the Ministry) is obligated to place on the immediate needs assessment list. Being on the INA list means that an applicant does not have to conduct a work search before receiving income assistance and will also receive quicker processing in the income assistance application process. In order to be placed on the INA list clients need to demonstrate immediate need, including living in a shelter, leaving an abusive relationship or using a food bank. The Ministry can place applicants on the INA list directly but if they have refused to place an applicant on INA or have not immediately granted this status, advocates at Together Against Poverty Society (TAPS) or REES will advocate on a person s behalf with the intent of getting them on the INA list. TAPS is open from 1 PM 4:30 PM on Monday and Friday and 9:30 AM 4:30 PM Tuesday through Thursday. To receive a call-back from an advocate at TAPS call or visit the TAPS office during business hours to attempt to talk to an advocate if it is an urgent matter. Denial of Income Assistance If a person is denied income assistance advocates at TAPS or REES will review the Ministry's decision and, based on the results of a successful merit assessment, will appeal the decision to refuse a person income assistance. Advocacy and representation while on basic income assistance Advocates can provide recipients of Income Assistance advocacy and information related to their rights while on welfare. This includes information about monthly supplements, moving supplements and other funds such as crisis grants. Advocacy can also be provided when the Ministry of Social Development and Social Innovation (the Ministry) places a client s file under review, changes the amount of income received or decides to cut a client off from welfare. Advocates can assist their clients in making applications for specific services and also in appealing Ministry decisions in relation to these services. This advocacy includes appealing decisions made by the Ministry. TAPS is also able to provide representation at the Employment and Assistance Tribunal hearings, which are the highest level of appeals short of the court system for decisions made by the Ministry. TAPS is able to provide the most in-depth provision, and also has the most capacity to provide services in these areas as there are usually at least three full-time advocates working on income assistance and PWD. To receive service, potential clients should call and leave a message at the TAPS to receive a callback from an advocate. For urgent matters potential clients can drop-in in person at the TAPS office to wait and see an advocate for an introductory assessment. The waitlist for a callback from TAPS depends on the urgency of the matter under consideration but typically ranges from less than a week to three weeks. Other services in these areas are also provided by the REES Program, which has two full-time outreach workers who provide advocacy for clients. REES typically has a waitlist of less than one week. The St. Vincent de Paul Social Concern Office also provides limited income assistance advocacy. St. Vincent de Paul has one volunteer advocate who provides drop-in advocacy between 1 PM and 4 PM on Monday

11 11 afternoon and typically does not have a waitlist to receive potential clients. All of these organizations provide services to anyone who is currently on income assistance or has recently been cut off of income assistance and will provide immediate service for urgent matters. Persons with Persistent Multiple Barriers to Employment (PPMB) PPMB is a level of income assistance offered by the Ministry for people who are recognized as having barriers to employment but are not recognized as being disabled. TAPS can provide anyone interested in applying for PPMB with a merit assessment of their potential eligibility and also provides advocacy through the appeals process to people who are denied in their initial application for PPMB. TAPS provides comprehensive assistance for recipients of PPMB. Provincial and Federal Disability There are two forms of disability benefits provided in British Columbia. Persons With a Disability (PWD) is provided by the Provincial government, and Canadian Pension Plan Disability (CPP-D) is provided by the Federal government. One cannot be a recipient of full benefits of both PWD and CPP-D but recipients of both receive increased benefits. Persons With a Disability Applying for PWD Advocates can provide assistance preparing an application for PWD. TAPS, REES and Action Committee for People with Disabilities (ACPD) provide assistance to clients in preparing a disability application, including offering assistance writing up the personal statement component of an application. The ACPD also provides a variety of other supports related to disability and has one full-time advocate and several volunteer advocates and is open from 9 AM 4 PM, Monday to Friday. Contact the ACPD at Advocacy for recipients of PWD Advocacy is available for recipients of PWD in relation to the various services that recipients of PWD are eligible for including advocacy in relation to crisis supplements, moving subsidies and nutritional supplements. Advocates will also assist recipients who are under review by the Ministry of Social Development or have been cut off of PWD. These services are provided by TAPS, ACPD, and the Victoria Disability Resource Centre (VDRC) and the REES Program. VDRC offers referrals and advocacy services and is open from 9:00 AM to 4:00 PM, Monday to Friday. VDRC has one and a half full-time advocates and receptionists who provide referrals as well as detailed information about disability-related questions. The VDRC can be reached at and also offers extensive services for people with disabilities to assist with daily living and community engagement. PWD and Income Assistance services for First Nations people First Nations people with disability receive PWD. However, the PWD program for First Nations who are living on-reserve is operated by the First Nations Social Development Society. This means that the adjudication process for on-reserve First Nations people is different, although the criteria are the same.

12 12 PWD for off-reserve First Nations people is managed by the Ministry on the same basis as for non-first Nations people. British Columbia Aboriginal Network on Disability Society (BCANDS) assists with both on and off reserve PWD claims for First Nations people. BCANDS provides advocacy in relation to PWD, basic income assistance, tenancy and other issues for First Nations people who are living off or on-reserve and selfidentify as having a disability. BCANDS provides ongoing advocacy and file management for their clients along with a range of other services related to general issues faced by First Nations people who have a disability. BCANDS has two advocates on staff and is open from 9:00 AM to 4:00 PM Monday to Friday. BCANDS can be contacted at The Victoria Native Friendship Centre (VNFC) provides support, advocacy and ongoing case management for First Nations families in the Victoria area. These services include prenatal, early childhood, youth, family, elder, health, homeless outreach, drug and alcohol counseling, career, education, and employment support as well as a preschool and after school care program. Legal services offered include assistance with income assistance, legal aid, court processes and tenancy. These services are provided as extensions of the broader case management services provided to First Nations families. The VNFC has three full-time family support workers who provide services in these areas along with a range of other services. People interested in these services must first complete an intake process that operates from 9:00 AM 10:45 AM and 2:30 PM 3:45 PM, Monday to Friday. Contact the VNFC at for more information. CPP Disability (CPP-D) CPP-D is provided by the Federal Government to individuals who have contributed significantly to the Canadian Pension Plan. Information about CPP-D benefits and advocacy for recipients of CPP-D can be obtained from the ACPD. The BC Coalition of People with Disabilities (BCCPD), which is based in Vancouver, provides services for recipients of CPP-D over the phone. BCCPD provides summary advice related to all aspects of the application and appeals process for clients living outside the Lower Mainland. The BCCPD provides service over the telephone from 8:30 AM 4:30 PM, Monday to Friday and can be reached toll-free at The BCCPD online library, accessed at has a number of guides to the CPP-D application and appeals process. Poverty Law services for specific communities and groups of people The following organizations provide assistance to specific groups of people who are on income assistance or PWD. Burnside Gorge Community Centre provides housing support for families who are at risk of becoming homeless or else are currently homeless. The organization provides assistance and referrals for IA, PWD or tenancy issues that relate to housing as well as other basic issues that impact on a person s housing situation. The Burnside Gorge Community Centre is open 8:30 AM 4 PM, Monday to Friday and can be reached during office hours at The Vancouver Island Immigrant and Refugee Centre Society (VIRCS) provides accompaniment to meetings with the Ministry along with limited advocacy and referrals for IA, PWD and tenancy issues for newcomers to Victoria. VIRCS can be contacted at

13 13 AIDS Vancouver Island (AVI) provides services for people who are suffering from HIV/AIDS or Hepatitis C. These services include ongoing advocacy and support with issues regarding income assistance, health care, employment, housing, and legal matters. AVI also provides assistance with the PWD application, referrals and links to other services and can provide a range of harm reduction supplies and support for their clients. AVI is open from 9:00 AM to 5:00 PM, Monday to Thursday and 1:00 to 5:00 PM Friday and can be contacted at Umbrella Society for Addictions and Mental Health (Umbrella) provides assistance to people for whom substance use has become a problem. In addition to general support, Umbrella s four fulltime employees help clients with information and advice needed to navigate a variety of issues, including addictions, mental health, income assistance, PWD, criminal justice, and child welfare. Umbrella utilizes a peer outreach model, which means that team members have each experienced addiction and subsequent recovery. Umbrella advocates work in the Umbrella office and also do outreach. Umbrella s services are available for free. Contact Umbrella at The John Howard Society of Victoria provides a drop-in referral and information service for people who have been previously incarcerated. This service covers income assistance as well as housing and other information as needed. The John Howard Society of Victoria is open from 9 AM 5 PM, Monday to Friday and can be reached by phone at Victoria Aids Resource and Community Services Society (VARCS) provides drop-in advocacy and referrals for people who are living with HIV/AIDS, or are at risk of contacting it, in relation to income assistance or tenancy issues. However, these services are secondary to providing streetlevel outreach and are only offered when advocates have the capacity to do so. The outreach services that VARCS provides include practical, emotional and social support to people living with or at risk of contracting HIV/AIDS and other blood borne illnesses. VARCS offers mobile harm reduction services, referrals, driver services and hospital visits. VARCS provides services within Downtown Victoria and the Western Communities: Colwood, Langford, Metchosin, Highlands and Sooke. VARCS mobile advocates can be contacted from 9:00 AM 3:00 PM Monday to Friday at and on the VARCS website at In addition, the VARCS office number is Seniors Serving Seniors is a referral service for seniors over the telephone will provide assistance with income assistance, tenancy and any other issues that arise for seniors. Seniors Serving Seniors is a peer volunteer led organization and also provides counseling services. Contact Seniors Serving Seniors at The Society of Living Illicit Drug Users (SOLID) provides information, referrals and informal assistance related to IA, PWD and other legal issues for illicit drug users. The SOLID office is open from 1 PM 3 PM Monday to Friday and can be reached at Tenant Advocacy The rights of tenants in British Columbia are protected under the Residential Tenancy Act of British Columbia. TAPS provides legal information for tenants about the BC Residential Tenancy Act and other applicable legislation. TAPS also provides advice about how to proceed in relation to any potential disputes that tenants have with their landlords. In addition, Advocates provide negotiation on behalf of tenants with their landlords towards dispute resolution and representation on behalf of tenants at Residential Tenancy Branch

14 14 dispute resolution hearings. Contact TAPS at Family Law Legal Information on Family Law Issues Staff at both BC Families in Transition (BC FIT) and the Victoria Family Justice Centre (FJC) can provide legal information in relation to family law issues. These services cover basic rights and responsibilities related to divorce and separation. In practice this advice overlaps with areas of law closely connected to family law including immigration issues and child protection. BC FIT offers legal information services in person and over the phone. The FJC is focused on providing mediation and provides legal information in this context. BC FIT has the equivalent of two full-time staff providing mediation and information as well as the equivalent of a full-time staff member that provides court preparation services. BC FIT is open from 8:30 AM 4:30 PM, Monday to Friday and can be reached by phone at The Victoria FCJ usually has four full-time staff providing mediation services and is open from 8:30 AM to 5:00 PM, Monday to Friday. Preparation for Family Law court appearances Staff at BC FIT provide pre-separation consultation including legal and practical information about rights, responsibilities and available options in the divorce process through their legal support program. This includes guidance in relation to how to make effective use of lawyer and duty counsel time and guidance through the court process and assistance with preparing documents. Staff at BC FIT will also inform clients about how a mediation or court process might go in advance and provide a shadow mediation process to prepare clients for the mediation process. This program is provided for individuals who are attending or have an upcoming hearing with the Family Remand Court at the Victoria or Western Communities courthouse. This service is provided when Family Remand court is in session, which is typically on Monday at the Western Communities Courthouse and Thursday at the Victoria courthouse. Meetings with BC FIT s legal support team can also be arranged in advance of a court appearance by contacting BC FIT. Mediation through separation or divorce The Victoria Family Justice Centre (FJC) offers mediation from trained mediators through the divorce or separation process. Mediators can provide mediations that are directed towards allowing clients develop a plan that will form the basis of a written agreement pertaining to settlement that will then be legally enforceable. Once a plan has been formalized into a written agreement or court order, mediators with the FJC can update and make changes to these documents. FJC mediators are unable to make alterations to BCSC orders, only to those issued by lower courts.

15 15 Financial Eligibility - There are no financial eligibility requirements for these services provided by the FJC or BC FIT. Family Law Documentation Assistance The Law Centre may be able to assist unrepresented persons with the preparation of documents to initiate or respond to proceedings in Family Court with respect to support, custody, access, and non-harassment orders. Unrepresented persons may also receive assistance from the Law Centre with the preparation of Supreme Court documents required to bring or respond to interlocutory applications pertaining to custody, access and support. BC FIT also offers assistance in completing income and expense forms. Staff at the FJC are able to provide legal templates for people going through separation and divorce issues at the Supreme Court that are needed to bring or respond to interlocutory applications pertaining to custody, access and support although they cannot provide such a document for matters that would appear in front of a Provincial court. The Law Centre has 14 law students who handle clients as well as an on-staff social worker that helps find community resources for clients. The Law Centre is generally open from 9:30 AM 12:00 PM and 1:00 PM 3:30 PM, Monday to Friday and can be contacted by phone at Services are based on the availability of the students and on an appointment basis only. The Law Centre has a website with a range of resources related to family law and the other areas of service that it provides which can be accessed at Assisted Divorce The Law Centre Assisted Divorce Program offers pro bono representation through the divorce process for people who have "simple, uncontested" divorces. Potential clients must have been separated for at least one year and all matters relating to custody, access, maintenance and division of property must have been settled prior to application for this program. While The Law Centre provides its services at no cost, clients must be able to afford fees payable to the Court Registry which will range from approximately $290 to $330 or be eligible to obtain an indigency order from the Supreme Court so that those fees will not have to be paid. Financial Eligibility There is no financial eligibility requirements for these services provided by BC FIT or the FJC. The Law Centre has the same financial eligibility guidelines for all of its services. The Law Centre has the same financial eligibility guidelines for all of its services. The financial guidelines are $1,700 for a household size of one and differ depending on how many people are in the household and which allowable assets the household possesses. However, these guidelines are somewhat flexible and are not fixed standards so it is advisable to contact The Law Centre to see if one qualifies for their services. Human Rights Advocacy Human Rights complaints in British Columbia are based on violations of the BC Human Rights Code.

16 16 Complaints should be directed to the BC Human Rights Tribunal, which is located in Vancouver. In Victoria the Vancouver Island Human Rights Coalition (VIHRC) provides assistance and support understanding the human rights complaints process in relation to the BC Human Rights Tribunal. Services at the VIHRC include providing information on the BC Human Rights Code and the complaints process, consulting with clients on whether the complaint process is likely to be an appropriate avenue for addressing their concerns, assistance in drafting complaints, and limited assistance at later stages of the Tribunal process depending on capacity. VIHRC also provides information and referrals regarding other human rights and advocacy resources. All VIHRC services are provided free of charge. In addition, depending on capacity, The Law Centre is able to help complainants and respondents with understanding the Human Rights Code and the Human Rights Tribunal process, preparing an initial complaint or reply, mediating the complaint with or without involvement of the Human Rights Tribunal, and representing the complainants or respondents at Tribunal hearings as required. The Law Centre s financial requirements for Human Rights are the same as for other areas of service. The VIHRC is generally open Monday, Wednesday and Friday from 10 AM 4 PM. Scheduled appointments are not necessary but are strongly recommended as the VIHRC typically employs only one part-time advocate. The VIHRC can be contacted at or by at contactvihrc@gmail.com. Immigration Law The provision of assistance with legal issues associated with the immigration process is closely related to other legal issues. Organizations that provide services in the areas of immigration law will also provide services in other related areas. Settlement The Inter-cultural Association(ICA) provides advocacy services related to immigration through its settlement worker program. These services are wide-ranging but fall short of legal advice or representation relating to immigration itself. Settlement workers will attend immigration-related hearings, fill out forms for clients including application for sponsorship and provide a range of other services. In general, settlement workers attempt to provide services that are customized to the needs of clients becoming settled in the Victoria area and so will offer services or referrals based on these needs, rather than offering a specific suite of services. The ICA offers services in over 15 languages. The ICA s services do not cover student visa issues or temporary work permit issues. The ICA offers legal advice relating to immigration issues on an intermittent basis depending on funding. To find out if these services are currently being offered contact or to obtain information on any of the other services that the organization offers, call the ICA office at The ICA has six full-time settlement workers and is open Monday Thursday from 8:30 AM 7:30 PM and Friday from 8:30 AM 4:30 PM.

17 17 Transition Services The Vancouver Island Immigrant and Refugee Centre Society (VIRCS) operates a transition program for newcomers to the Victoria area. Services provided are client-driven and are intended to enable newcomers to transition to becoming independent and active members of the community. This service is for newcomers who have settled in Victoria and need assistance becoming established members of the community. Case managers at VIRCS provide orientation, information, referrals, adjustment support and service linking including accompaniment as needed for newcomers who need assistance accessing services because of language difficulties or cultural differences. Services are provided in individual, family and group settings. Services that are provided include family support services and mental health support. VIRCS transition services program has a flexible mandate directed towards the particular needs that particular newcomers need in order to integrate into local communities. These services are available for all newcomers although refugees, protected persons and permanent residents are given priority. VIRCS is also a site for filing complaints for the Office of the Police Commissioner based on municipal police misconduct and VIRCS offices are available for the Office of the Police Commissioner to conduct alternative dispute resolution between our clients and municipal police. VIRCS employs five full-time case managers working in the transition program and is open from 9 AM 5 PM, Monday to Friday. Appointments with case managers can be arranged over the phone or on a drop-in basis depending on availability of case managers. VIRCS can be contacted at Employment Law The baseline for employment standards in British Columbia are the laws set by the Employment Standards Act (ESA) which is interpreted by the Employment Services Branch at the Ministry of Labour. Unionized workers have complaints processes built into their respective collective bargaining agreements and any violations of these agreements are dealt with through processes built into collective bargaining agreements. Non-unionized workers on the other hand are protected by the rights that are set out for them under the ESA. When workers experience or think they might have experienced a breach of their rights, the Together Against Poverty Society (TAPS) provides advocacy through the Employment Standards Branch Complaints Process. TAPS provides in-person advocacy beginning with a merit assessment and assisting with preparing and submitting the mandatory self-help kit, which is a process through which the employee submits a perceived breach of the Employment Standards directly to their employer. If the complaint is not resolved at this initial phase, TAPS then provides advocacy for employees in the official complaints process including mediation, assistance filing formal complaints and representation in the complaint process itself. Financial Eligibility: all non-unionized workers are eligible for the services provided by TAPS.

18 18 Appendix A: Victoria Legal Service Provider Contact List Access Pro Bono Society of British Columbia Cambie Street Vancouver, BC V6B 4Z9 Phone: Website: accessprobono.ca Action Committee of People with Disabilities 948 View Street Victoria, BC V8V 3L5 Phone: Aids Vancouver Island 3rd Floor - Access Health Centre 713 Johnson Street Victoria BC V8W 1M8 Phone: BC Aboriginal Network on Disability Society 1179 Kosapsum Crescent Victoria, BC V9A 7K7 Phone: Website: BC Coalition of People with Disabilities # West Broadway Vancouver, BC V5Y 1R3 Phone:

19 19 BC Families in Transition 899 Fort Street Victoria, BC V8W 1H6 Phone: Website: bcfit.org Burnside Gorge Community Association 471 Cecelia Road Victoria, BC V8T 4T4 Phone: Website: Carole James Constituency Office 1084 Fort Street Victoria, BC V8V 3K4 Phone: Duty Counsel 850 Burdett Avenue Victoria, BC V8W 1B4 Phone: John Howard Society of British Columbia Victoria Regional Society 2675 Bridge Street Victoria, BC V8T 4Y4 Phone: Rees Program 1509 Douglas Street Victoria, BC V8W 2G4 Phone: Regional Legal Services Society Office - Victoria Fort Street Victoria, BC V8W 1H8 Phone: Website: Legal Services Society: St. Vincent de Paul Social Concern Office 828 View Street Victoria, BC V8W 1K2 Phone: Salvation Army Family Services 2695 Quadra Street Victoria, BC V8T 4E3 Phone:

20 20 Seniors Serving Seniors Suite 109, 1022 Pandora Avenue Victoria, BC V8V 3P6 Phone: Society Of Living Illicit Drug users 857 Caledonia Avenue Victoria BC, V8T 1E6 Phone: The Law Centre 1221 Broad Street Victoria, BC, V8W 2A4 Phone: Website: Together Against Poverty Society # Fort Street Victoria BC V8W 1H7 Phone: Website: Umbrella Society for Addictions and Mental Health 901 Kings Road Victoria, BC V8T 1W5 Phone: Vancouver Island Human Rights Coalition View Street Coast Salish Territory Victoria, BC V8W 1J6 Phone: Victoria AIDS Resource & Community Service Society 1284F Gladstone Avenue Victoria, BC V8T 1G6 Phone: Victoria Courthouse 850 Burdett Avenue Victoria, BC V8W 1B4 Phone:

21 21 Victoria Disability Resource Centre 817 A Fort Street Victoria, BC V8W 1H6 Phone: Website: Victoria Family Justice Centre Suite 501, 771 Vernon Avenue Victoria, BC V8X 5A7 Phone: Victoria Native Friendship Centre 231 Regina Avenue Victoria, BC V8Z 1J6 Phone: Victoria Immigrant and Refugee Centre Society 3rd Floor 637 Bay Street Victoria, BC V8T 5L2 Phone: Victoria Inter-Cultural Association 930 Balmoral Road Victoria BC, V8T 1A8 Phone: Western Communities Courthouse 1756 Island Highway Victoria, BC V9B