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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