An Analysis of Poverty Law Services in Canada

Executive summary (continued)

Summary of community organizations' poverty law services

Public legal education

The most common public legal education activities offered by community organizations are workshops/information sessions and the provision/distribution of written materials. At least some of the agencies interviewed in each province deliver services in one or both of these areas, with the exception of New Brunswick. The range of topics covered by the organizations interviewed is quite broad, addressing both specific poverty law issues like income assistance and Employment Insurance and broader matters such as legal rights and responsibilities and overviews of legislative changes.

All of the organizations interviewed in B.C., Alberta and Saskatchewan provide public legal education in the form of both information events, such as speakers who visit various organizations, and the distribution of materials. In the remaining provinces, many of the organizations interviewed provide some kind of public legal education service, although the type of service varies between groups.

Referrals

Referrals are a service provided by the vast majority of organizations interviewed. Respondents reported that clients are generally referred to a wide range of community, regional or provincial resources, depending on their needs and the legal issue(s) involved. Many respondents noted that clients tend to be referred when the assistance required is outside the range of services offered by the organization, or if the legal issue in question is beyond the expertise of staff.

Legal aid was mentioned as a point of first contact by people in need of assistance in poverty law matters by respondents in most provinces, even though, in cases where the legal aid plan offers no poverty law coverage. Ontario's Community Legal Clinics were particularly highlighted as a key referral resource, as was legal aid, in general, by all respondents from B.C. and Quebec. Other legal resources mentioned as sites for referrals by respondents in several provinces include lawyer referral services, private bar lawyers, and legal information organizations.

Preparation of legal aid applications

The preparation of legal aid applications was the least common service provided by the organizations interviewed. No agencies in Manitoba, Ontario, Newfoundland or P.E.I. provide this service, and only one of the interviewed groups in B.C., Nova Scotia and New Brunswick offers this kind of assistance. In Alberta and Saskatchewan, two groups assist people in preparing legal aid applications. Quebec is the only exception, where four or the seven groups interviewed offer services in this area.

Advice

Respondents from organizations across all jurisdictions were uncomfortable with the notion of providing advice in the sense of directing clients on a particular course of action. While a small number of organizations do have a program in place to offer advice in this sense, the majority see their role as presenting information to clients to educate them about their situation. Clients are then empowered to make their own decisions about how to proceed. In light of this overarching theme, the kind of advice provided by the community organizations interviewed tends to fall into two categories: the provision of general advice/assistance, and the provision of procedural advice/assistance. The majority of groups provide general advice to clients on poverty law matters in the form of basic information, answering questions, and providing referrals. The availability of procedural assistance - the completion of forms, making calls or writing letters, accompanying clients to meetings - is more varied.

All nine organizations interviewed in B.C. provide clients with general advice and assistance, and most groups also offer some kind of legal advice or procedural assistance. Five of the six organizations interviewed in Alberta provide general advice and procedural assistance on poverty law matters, while two of these groups also co-ordinate legal clinics through which clients can access additional assistance. Four of the six groups interviewed in Saskatchewan offer general advice, while only two organizations provide procedural assistance. Advice is offered by all of the organizations interviewed in Manitoba, typically both general and procedural. The advice offered by four of the five agencies interviewed in Ontario is largely in the area of procedural assistance, but also includes the provision of general information and referrals. All of the organizations interviewed in Quebec provide some kind of general and/or procedural advice to clients, with one group providing direct legal advice and opinions.

Two of the three organizations interviewed in Nova Scotia provide advice to clients. One group offers only general assistance, while the other is similar to legal aid and, accordingly, provides both general and legal advice. Both organizations in New Brunswick provide general and legal advice to clients. One group relies on staff relationships with private bar lawyers to deliver legal advice, collecting information from them and relaying it to clients. The organization interviewed in Newfoundland focusses on provision of information - respondents were reluctant to classify their activities as advice. The four organizations interviewed in P.E.I. provide a limited amount of advice to clients on poverty law matters, typically of a general nature.

Advocacy

The advocacy services offered by community organizations in the poverty law area are more limited than the advice that is available, although at least some advocacy is provided by agencies in all of the provinces except Newfoundland. The topics on which advocacy is provided vary, often depending on the focus of the organization in question.

All nine organizations interviewed in B.C. provide advocacy services in poverty law issues, with the most common areas being income assistance and housing. Three groups offer lay advocacy services in poverty law matters in Alberta, with common issues again being income assistance and housing. Four of the six organizations interviewed in Saskatchewan will act as client advocates in formal proceedings, with one group focussing on Employment Insurance and one on income assistance. Four organizations interviewed in Manitoba reported that they may provide advocacy services, although only two noted that this is a regular service area, for Employment Insurance and income assistance respectively.

Three organizations interviewed in Ontario provide lay advocacy at tribunals and hearings, with one working specifically on EI, one on income assistance, and the third on a variety of issues. Four groups interviewed in Quebec provide advocacy services in poverty law matters. One works on a range of issues, while the others focus on Employment Insurance, housing, and income assistance, respectively. Only one organization interviewed in Nova Scotia provides advocacy services in poverty law. This organization is similar to legal aid and extends services in a variety of issues (although the primary area is income assistance). Both organizations interviewed in New Brunswick provide advocacy or legal representation in various poverty law issues, though one focusses specifically on EI, CPP, and Workers' Compensation Board (WCB) matters. Only one of the four organizations interviewed in P.E.I. provides any advocacy, and this is a very limited component of its services.

Types of poverty law issues

The poverty law issues with which community organizations primarily deal are income assistance and landlord/tenant-housing matters. Not only do more agencies provide assistance in these two areas, but groups are also more likely to offer a full range of services (up to and including advocacy) for these matters. The poverty law matters under federal jurisdiction - Employment Insurance and CPP/OAS - are areas in which fewer organizations extend services, and for which a smaller range of assistance tends to be available. A very limited amount of assistance is available from community organizations in workers' compensation and debtor/creditor matters.