notes from the road: access to justice in manitoba
TRANSCRIPT
Notes from the Road
Access to Justice in Manitoba
CALL Conference - WinnipegMay 26, 2014
Roadmap Point of departure The road well travelled Forging a new path On the horizon Travellers’ Forum
Point of Departure How did we get here?
Enhancing access to justice: Some recent progress in Manitoba by Donna Miller, Q.C. at: http://robsonhall.ca/mlj/sites/default/files/articles/Miller.pdf
Manitoba Law Reform Commission’s March 2012 Issue Paper: http://bit.ly/1fQxpYW
Manitoba Bar Association’s Town Hall Meetings on Access to Justice: http://bit.ly/1kQikWu
Point of Departure Basic assumptions
Access to justice is more than access to courts or lawyers
Starting point is legal needs of the individual Continuum of legal needs ranging from:
Understandable information about options and entitlements
Assistance with forms or documents Triage and problem –solving Informal advocacy support Representation by a lawyer
Access to Civil & Family Justice : A Roadmap for Change, 2013
Point of Departure
Focus on non-governmental sector Places we won’t be visiting today, but you
might want to check out: Manitoba Courts http://www.manitobacourts.mb.ca/ Manitoba Justice http://www.gov.mb.ca/justice/ Highly recommend Donna Miller’s paper for info on
innovations in Courts & Justice
The Road Well Travelled
Legal aid Public legal education and information (PLEI) Pro bono
Legal Aid Manitoba Developed out of a pro bono program operated by
The Law Society and delivered through the Courts Legal Aid Manitoba – established by statute in 1971 Mixed system – private & staff lawyers Provides free and low-cost legal services to those
who qualify http://www.legalaid.mb.ca/
Legal Aid ManitobaFAMILY SIZE FREE LEGAL AID
1 $14,0002 $18,0003 $23,0004 $27,0005 $31,0006 $34,000
more than 6 $37,000
Legal Aid Manitoba Duty counsel – child protection, criminal law Family law: Collaborative law, support to
shelters University Law Centre: 2L & 3L students Public Interest Law Centre – test case litigation Poverty law: benefits appeals
Legal Aid Manitoba Independent Advisor Program - Residential
Tenancies Branch Legal Aid provides staff to assist landlords &
tenants with: Form completion Filing claims and appeals Preparing for hearings Advocacy in hearings
http://www.gov.mb.ca/cca/rtb/advisor/lantenadvisor.html
CLEA(Community Legal Education Association)
Unknown rights are not rights at all.
Designated by Justice Canada as Manitoba’s PLEI organization Law Phone-In and Lawyer Referral Service Speakers Bureau
Winnipeg Public Library series Community Legal Intermediary training PLEI publications
http://www.communitylegal.mb.ca/
Pro Bono
No umbrella organization to coordinate pro bono activities by Manitoba lawyers
Public Interest Law Centre: Annual call for volunteers
CLEA Lawyer Referral – 30 minute free consults Legal Help Centre – relies heavily on lawyer
volunteers
Pro Bono Pro Bono Students Canada
Robson Hall students volunteering in a wide range of projects: http://robsonhall.ca/probo/
Some of the projects for 2013/14 included: Family law and domestic violence clinic for A
Woman’s Place University of Manitoba Student’s Union legal drop
in clinic Research projects with Elizabeth Fry Society
Forging a new path
Lower cost family law representation Training community advocates Multi-disciplinary drop in legal clinic Supporting rural access to justice
Family Law Access Centre
An initiative of The Law Society of Manitoba Essentially a funding model for family law
services Clients pay reduced fees in installments Lawyers receive fees in installments FLAC guarantees payment to lawyer & is
responsible for collection www.lawsociety.mb.ca/for-the-public/family-law-access-ce
ntre
Community Unemployed Help
Centre Advocates providing help in accessing benefits Training community based advocates
www.cuhc.mb.ca
Legal Help Centre Making the law work for everyone
United Nations Commission on Legal Empowerment of the Poor report: http://bit.ly/1mCktsR
When the law works for everyone, it defines and enforces the rights and obligations of all. This allows people to interact with one another in
an atmosphere that is certain and predictable. Thus, the rule of law is not a mere adornment to development; it is a vital source of progress.
Legal Help Centre Eligible if household income < $50,000 Multidisciplinary legal services provided by:
Law students (University of Manitoba) Social work students (University of Manitoba) Criminal justice students (University of Winnipeg) Lawyers (pro bono and staff)
Family court duty counsel DIY workshops for self-representing litigants
Rural Access to Justice Law Society of Manitoba’s Forgivable Loan
program http://bit.ly/1ognxKL
Recent consolidations of rural with urban law firms to provide access to broader expertise Thompson Dorfman Sweatman LLP: tdslaw.com
Christianson Law in 2013 (Portage la Prairie & area)
Roy Johnston LLP in 2014 (Brandon & area)
On the horizon Heading down a multi-lane road toward better access
to justice in Manitoba Already, evidence of a more coordinated/collaborative
approach among the stakeholders Access to Justice Stakeholders’ Committee As recommended by Manitoba Law Reform Commission
in its March 2012 Issue Paper Informed by community consultation undertaken by
Manitoba Bar Association’s Town Hall Meetings on Access to Justice
On the horizon Predict we will see multi-disciplinary or cross-
sectoral approaches that will increase access to justice Multi-disciplinary practices (MDP) through
Alternate Business Structures (ABS) Legal Help Centre model foreshadows what will
come
Travellers’ Forum
Questions and Comments?
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