An Analysis of Poverty Law Services in Canada

Executive summary (continued)

Staffing and funding information

Types of staff

The organizations interviewed for this project tend to use several different characterizations to describe their workers. The most common of these is "advocates," or sometimes "lay advocates" or "peer advocates." Other terms used by agencies to describe their staff are "community workers," "outreach workers," "general/administrative staff," and "information providers." Volunteers and students also feature heavily in the staff of the organizations interviewed in most jurisdictions.

The majority of staff members in the organizations interviewed tend not to have legal training, whether as lawyers or paralegals. In most cases, the organizations that do employ lawyers tend to have only one or two such individuals on staff. In some cases, legal supervision of the work of non-lawyer staff members is a funding requirement.

Sources of funding

Sources of funding for the community organizations interviewed are quite varied. As a result, it is difficult to draw any general conclusions about the funding situations of these groups. Provincial governments are the most common source of financial support - although this is also a source reported by many groups to be unstable. Federal and municipal governments are also sources of funding for some organizations. Quite a few groups receive financial support from the United Way and provincial law foundations and/or law societies. Overall, these sources tend to be viewed as more stable than government (and especially provincial government) funders. Respondents also identified a large number of smaller funding sources.

Strengths and challenges of available poverty law services

The following discussion summarizes the comments made by community organization respondents concerning what is working well, and what is not working well within the poverty law system in their jurisdictions.

Problem areas

Lack of funding

A problem area in the delivery of poverty law services, mentioned by community organizations in all jurisdictions, is the lack of available funding. In B.C., respondents noted that existing funding limitations will be exacerbated by recently announced provincial cuts. Community organizations in Alberta reported that the lack of funding means that groups can target only a narrow range of issues, and must rely on volunteers. Respondents from both Saskatchewan and Quebec also reported that insufficient funding results in increased use of volunteers, as well as lengthy waiting times and gaps in available services. Representatives from Quebec further noted that it is difficult to find persons with legal training willing to work at available (low) levels of remuneration. In Manitoba, respondents simply highlighted the overall lack of funding for poverty law work.

In Ontario, respondents reported that community groups are trying to fill the gaps left by legal aid, but, in the absence of sufficient financial support, they are unable to meet all needs. Respondents from Nova Scotia and P.E.I. pointed to funding limitations as a key reason why poverty law services have not been expanded, respondents in New Brunswick linked limited funding to instability in the poverty law system. Finally, respondents in Newfoundland suggested that funding limitations complicate efforts to provide services in rural as well as urban areas.

Lack of poverty law services

Respondents from all jurisdictions, except B.C., Saskatchewan and Ontario, pointed to a general lack of poverty law services as a problem area. Representatives in Alberta and Nova Scotia noted that the absence of sufficient poverty law services means that people tend to "fall through the cracks." Respondents in New Brunswick and Newfoundland highlighted the lack of legal representation as a particular gap in available services, while P.E.I. community groups pointed to an overall lack of options for legal assistance. Groups in Manitoba reported too few services for low-income people overall, as well as limited training opportunities for advocates. Quebec representatives noted that those denied legal aid coverage have few options for assistance, especially given regional variation in community-level services.

Legal aid coverage

Respondents in B.C., Alberta and Nova Scotia all noted that legal aid needs to provide more comprehensive poverty law coverage. In B.C., representatives noted that recently announced changes will greatly reduce the range of poverty law services currently available. Ontario respondents noted that increasing demand for poverty law services, without any corresponding increase in funding, is resulting in a narrowing of the range of issues covered. In Saskatchewan and P.E.I., respondents noted that the absence of any poverty law legal aid coverage is a key weakness.

Funding cuts

All community organizations interviewed in B.C. raised concerns about the impact of provincial legal aid changes as a key area of concern. Respondents in Saskatchewan also suggested that this province is in a "cycle of cutbacks," with the result being that "nothing is working well" in the poverty law system.

Success stories

Individualized approach of community groups

Several respondents mentioned the individual attention that community organizations are able to give to their clients as a positive feature of the poverty law system. Alberta respondents noted that this kind of approach permits community group staff to effectively assess a person's needs and determine how best to deliver support. For representatives in Quebec, personalized support means that there is little bureaucracy with which clients must deal. Respondents in Nova Scotia suggested that a one-on-one approach is particularly effective in the poverty law area.

Public legal education

Respondents in Saskatchewan noted that the availability of public legal education materials on poverty law matters is a particularly valuable component of the poverty law system. Quebec representatives also noted that educational activities are key elements, insofar as knowledge empowers people by informing them about their situation and available options.

Service delivery models

Respondents in B.C. suggested that community groups are effectively providing people with wide-ranging and immediate assistance on poverty law matters.- Many of the staff of community groups providing assistance in poverty law matters have experienced poverty themselves, and the "lived experience" of staff in this area is an asset. B.C. representatives also suggested that the poverty law legal aid system had been functioning fairly well prior to the changes being implemented by the provincial government. Manitoba respondents commented on the dedication of the poverty law advocates working in the province. Similarly, some respondents in Quebec felt that the long-standing experience of some community groups in the poverty law area yielded better client services. Finally, respondents in Ontario noted that the Community Legal Clinic network has improved access to justice. The expertise of clinic staff was particularly noted in this regard.